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Home My WebLink About03-28-23 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence D.1 Authorize the Absence of Mayor Andrus (Maas) E.FYI F.Commission Disclosures G.Consent G.1 Accounts Payable Claims Review and Approval (Waters) G.2 Approve the Findings of Fact and Record of Decision for the Ferguson Farms II Preliminary THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 28, 2023 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2552 631 7556 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 Planned Unit Development (P-PUD), Application 19028 (Quasi-Judicial)(Montana) G.3 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation from the Bozeman Public Library Foundation for Furniture and Shelving for Phase 1 of the Bozeman Public Library Renovation Project(Henderson) G.4 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment No. 2 to the Construction Contract for the Fire Station #2 Relocation Project(Henderson) G.5 Authorize the City Manager to Sign an Agreement for a WaterPlus Cloud Software License with Flowpoint Environmental Systems for a Water Fill Station(Pericich) G.6 Authorize the City Manager to Sign an Amendment 1 to the Memorandum of Understanding Between the City and Montana State University for the Modern Treatment Wetland Technology Pilot Project at the Bozeman Water Reclamation Facility(Heaston) G.7 Ordinance 2129 Provisional Adoption, and Resolution 5462, Adoption of Annexation, Regarding the 1001 Thomas Drive Annexation to Annex 15.115 acres and Adjacent Right-of- Way and Amending the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) at 1001 Thomas Drive, Application 22067(Rogers) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. I.Action Items I.1 Reconsideration of a Prior Commission Decision Regarding the Cloverleaf Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue Consisting of Approximately 3.1995 Acres Including the Adjacent Rights-of-way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District Mixed), Application 22218(Rogers) I.2 Public Hearing and Decision for Commercial Certificate of Appropriateness Application with two deviation requests to allow for two signs at Westgate Village Shopping Center, 1003- 1011 West College Street, application 23018 (Quasi-judicial)(Rosenberg) J.Work Session J.1 Speed Limits in the Bozeman SAFE Plan (Ross) K.Appointments 2 K.1 Appointment to the Economic Vitality Board(Maas) K.2 Appointment to the Gallatin County Water Quality District (Maas) L.FYI / Discussion M.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Mayor Andrus MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the Absence of Mayor Andrus STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Mayor Andrus notified City Manager Mihelich and Deputy Mayor Cunningham of her anticipated absence. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: March 20, 2023 4 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:March 28, 2023 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. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: March 23, 2023 5 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Approve the Findings of Fact and Record of Decision for the Ferguson Farms II Preliminary Planned Unit Development (P-PUD), Application 19028 (Quasi- Judicial) MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment and all the information presented, I hereby adopt the findings presented in the Findings of Fact and Record of Decision staff report for application 19028 and move to approve and authorize the Mayor to sign the Ferguson Farms II Preliminary Planned Unit Development Findings of Fact and Record of Decision, as a Legacy PUD subject to the staff-recommended conditions and all applicable code provisions. 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: This is a Preliminary Planned Unit Development (P-PUD) application, as a “Legacy planned unit development” application, for a proposed commercial development seeking to grant 26 deviations and waivers to the Bozeman Municipal Code (BMC) Chapter 38 Unified Development Code (UDC) zoning and engineering regulations in the following general groupings [Table 1 of the attached staff report lists each requested Deviation]: (1) Specific additional commercial uses as-of-right; (2) to exempt the development from Urban Mixed Use (UMU) district requirements for specific mixes of use; (3) to increase building heights; (4) to waive minimum and maximum parking requirements; 5) to amend bicycle parking requirements; (6) to change current Block Frontage designations and designate new ones for new internal streets; (7) to reduce setback requirements for the new Block Frontage designations; (8) to reduce parking lot landscape screening requirements; (9) to reduce trash enclosure screening requirements; (10) to 6 amend Article 4 Streets engineering standards to allow back-in angled street parking and alternate street design and construction materials; and (11) to request the Director of Transportation and Engineering Department to allow alternate water, sanitary sewer and stormwater design and location standards and to allow concurrent construction of streets and on- and off- site public improvements. UNRESOLVED ISSUES:None unrelated to the proposed Conditions of Approval. ALTERNATIVES:As noted in the staff report. FISCAL EFFECTS:Development related to this P-PUD will generate property tax revenues and there will be increased costs to provide municipal services to those developments. Attachments: 19028 FF II P PUD FOF staff rpt 03 14 23.pdf Report compiled on: March 14, 2023 7 19028; City Commission Findings of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 1 of 78 19028; City Commission Findings of Fact and Record of Decision for the Ferguson Farms II Preliminary Planned Unit Development (P-PUD) Application. Decision Date: City Commission Public Hearing on the Findings of Fact and Record of Decision, Tuesday, March 28, 2023, City Commission Room, Bozeman City Hall, 121 North Rouse Avenue Bozeman, MT 59715 Project Description: A Preliminary Planned Unit Development (P-PUD) application, as a “Legacy planned unit development” application, for a proposed commercial development to grant 26 deviations and waivers to the Bozeman Municipal Code (BMC) Chapter 38 Unified Development Code (UDC) zoning and engineering regulations in the following general groupings [Table 1 on page 17 lists each requested Deviation]: (1) Specific additional commercial uses as-of-right; (2) to exempt the development from Urban Mixed Use (UMU) district requirements for specific mixes of use; (3) to increase building heights; (4) to waive minimum and maximum parking requirements; 5) to amend bicycle parking requirements; (6) to change current Block Frontage designations and designate new ones for new internal streets; (7) to reduce setback requirements for the new Block Frontage designations; (8) to reduce parking lot landscape screening requirements; (9) to reduce trash enclosure screening requirements; (10) to amend Article 4 Streets engineering standards to allow back-in angled street parking and alternate street design and construction materials; and (11) to request the Director of Transportation and Engineering Department to allow alternate water, sanitary sewer and stormwater design and location standards and to allow concurrent construction of streets and on- and off-site public improvements. Staff noted that one of the requested deviations, Number 22, is to allow signs on all facades of a building. This is not needed as a deviation because Section 38.560.060 of the Bozeman Unified Development Code (UDC) allows such placement of signage in the UMU District. However, Table 38.560.060.1 and Section 38.560.080.A requires a comprehensive sign plan for multi-tenant Sites (see Condition of Approval No. 10). Staff noted that Deviation request No. 5 seeks to allow six individual lots within the Site to not have legal and physical access to a public or publicly-accessible street per UDC 38.400.090.B.2. However, State Statute requires this legal access to each lot within a subdivision and, therefore, this standard cannot be waived or approved (see Condition of Approval No. 3 and Code Provision No. 11). Staff noted that the staff report erroneously described Deviation No. 10 as not being supported by staff, as not being recommended for approval. This is an error based on a misunderstanding by the author about the December 5, 2022 Community Development Board (CDB) recommendation. Staff clarified at the March 7th hearing that the criteria for a PUD was positively addressed by the requested deviation which would allow 100% surface parking along Landscaped Block Frontage designated streets. Although the CDB did not agree with the staff recommendation that Deviation No. 10 met the criteria and should be approved, staff stands by their evaluation of the criteria being met by this deviation and continues to recommend approval. 8 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 2 of 78 The P-PUD is accompanied by a separate Preliminary Plat application to subdivide the 31- acre parcel into 72 lots to accommodate the new development; Application No. 19027. Project Location: 4250 Fallon Street, located at the northwest corner of Ferguson Avenue and Huffine Lane. The 31-acre parcel is bordered by Huffine Lane, Ferguson Avenue, Fallon Street and Resort Street and is legally described as Lot 5 of Minor Subdivision 295, proposed to be replatted as Ferguson Farms II Subdivision located in the SW ¼ of S10, T2 S, R5 E of the P.M.M., Gallatin County, Montana. Development Review Committee (DRC) Recommendation: The application is deemed adequate for further review. Staff had no objections to 24 of the 26 requested deviations from the BMC/UDC standards and regulations and found that, with recommended conditions and code provisions, 24 of the deviations and waivers would conform to other relevant UDC standards and would be sufficient for approval. The 2 requested deviations that cannot be approved, even with mitigation or conditions of approval are:  Deviation No. 5 which seeks to create 6 parking garage lots without legal and physical access to a public street or alley [this is not permitted by State Statute and Condition of Approval No. 4 requires proof of legal and physical access to those lots prior to Final PUD approval]; and  Deviation No. 18 which seeks to allow a trash enclosure on Block 4 to not be screened from view from Huffine Lane on its two sides [this does not provide a superior outcome and Condition of Approval No. 6 requires all trash enclosures within the PUD Site to meet UDC standards. Community Development Board (CDB) Recommendation, acting as the Design Review Board (DRB): On December 5, 2022, the DRB met to review, discuss and make recommendations on the proposed Ferguson Farms II Preliminary Planned Unit Development (P-PUD) and Preliminary Plat applications. The Board first reviewed the P-PUD application after a staff presentation and Applicant presentation. There was no public comment. The Board Members discussed the proposed deviations from UDC standards in relation to:  vehicle and bicycle parking; it is hard to park in the Ferguson Farms I development to the west; need to incorporate structured parking and drop condo parking; surface lots kill the feel they are trying to accomplish, support decked parking approach;  more and better landscaping choices needed;  the skybridge amenity is too small for its function, the relocation of the irrigation ditch for the skybridge needs more and better landscaping of the ditch area under the skybridge; 9 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 3 of 78  the lack of design of proposed 8 story buildings to review;  the location of the tall buildings in relation to smaller existing neighboring buildings, need taller buildings in the center not the edges;  the lack of housing for this mixed use district; Applicant should incorporate a residential component; supports permanent residential component in the development;  100% surface parking on the most pedestrian-oriented corridors; street frontage treatments, pedestrian-oriented streetscape where there is 100% surface parking; do not agree with staff report on 100% surface parking; parking takes away walkability; provide parking other ways with decks or parking above- ground with street frontage still engaged for the pedestrian; walkability relies on the ability to get to the site which will be mostly cars, time to start stacking parking; and  agreement with staff report regarding deviation # 18 (trash enclosures to be fully screened) After discussion, the Board made a Motion to support the staff report motion except for the recommendation to approve deviation # 10; to wit: CDB 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 19028 and move to recommend approval of the Ferguson Farms II Preliminary Planned Unit Development application to the City Commission with the exception of Deviation No. 10, subject to staff-recommended conditions and all applicable code provisions and further subject to the determination on Article 4 standards modifications by the Director of Transportation and Engineering.” The Board Members voted unanimously, 8 to 0, to approve the amended Motion. Board Members in attendance: Henry Happel, Jerry Pape, Nicole Olmstead, Jennifer Madgic, Chris Egnatz, Allison Bryan, Brady Ernst and Padden Guy Murphy. See Attachment 7 for a summary of the CDB comments on this application. March 7, 2023 City Commission Decision. After reviewing the application materials, staff report and public comment; after listening to the staff presentation, asking questions and hearing response from staff about the staff evaluation; after hearing the presentation from the Applicant and his representative, asking questions about the proposed project and PUD deviations of the Applicant and hearing their response; after asking if there was any new public comment, of which there was none; the City Commissioners began their deliberations on the application by making a Motion. Commissioner Cunningham made a Motion from the staff-suggested “Alternate Motion” noted below, which was seconded by Commissioner Pomeroy. Summary of the discussion is 10 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 4 of 78 below. A summary of points expressed by at least one member is noted below, the bullets don’t necessarily represent the thoughts of the entire board. Commissioner Cunningham expressed his concurrence with the staff report that, overall, the proposal addressed the City’s Growth Policies; he expressed how this project would be a commercial node within the neighborhood that has significant housing and how those residents could walk or bike to patronize businesses within this commercial node. He expressed hope that this project would be walkable internally and externally and would provide connectivity to other commercial notes and to the nearby residential neighborhoods. He characterized this development as an infill development supported by growth policies. Commissioner Pomeroy agreed with Commissioner Cunningham’s comments and expressed hope that this project would be walkable and bikeable. She commented that the Ferguson Farms I development is a popular destination. Commissioner Madgic noted that the PUD process allowed for flexibility and creativity in designing and building new developments. The PUD process facilitates that flexibility for this development. She thought that this proposal would be pedestrian-friendly. She supports the request for no minimum or maximum parking requirement. She expressed hope that the Applicant takes advantage of other opportunities with the PUD including the provision of affordable housing, sustainability in building and site design and in landscaping with native species. She hope that the Applicant keeps existing trees and native plants on the Site and uses native trees and plants with new landscaping. She mentioned aspen, birch and alders as suitable species to use. Commissioner Coburn stated that he does not support the Motion or the proposal. He does not understand the Applicant’s intentions for building residential or commercial uses on the Site. Mayor Andrus supports the Motion and proposal. She acknowledges the Applicant’s creativity in the proposal but is concerned with the request for 100% surface parking along the street frontages. She is concerned with the lack of connectivity within and to the neighboring properties. The Commission voted 4 to 1 in favor of the Motion. The Motion is as follows: “Having reviewed and considered the application materials, public comment, Community Development Board/Design Review Board recommendations, and all the information presented, I hereby adopt the findings presented in the staff report for application 19028 and move to approve the Ferguson Farms II Preliminary Planned Unit Development application as a Legacy Preliminary PUD, subject to the staff- recommended conditions and all applicable code provisions with the exception of Condition 13, thereby approving Deviation No. 10.” The link to this public hearing is: https://bozeman.granicus.com/player/clip/1976?view_id=1&redirect=true&h=2072e091d947939 95cd1c573c700fa53 11 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 5 of 78 Report Date: March 21, 2023 Staff Contact: Susana Montana, Senior Planner, Development Review Division Executive Summary On August 29, 2019, Boardwalk Properties, Inc. and Combs Capital, LC, the property owners and Applicants, submitted a Preliminary Planned Unit Development (P-PUD) application and a Major Subdivision Preliminary Plat (PP) application for the development of a 31-acre undeveloped parcel in the City’s Urban Mixed Use (UMU) zoning district on the west side of the City. Revisions to this application were made in January 2020, November 2021, April 2022, July 14, 2022 and August 24, 2022. This report evaluates the August 24, 2022 P-PUD revision which was deemed complete and “adequate for further review” on September 2, 2022. The Preliminary Plat application is the subject of a separate evaluation and staff report; Project No. 19027. The PP cannot be approved unless and until the PUD is approved because the PP does not meet UMU zoning standards as well as other UDC zoning and engineering standards which the PUD seeks to amend or waive. It is noted that this application, originally submitted in 2019, now qualifies under the current UDC provisions for a “Legacy planned unit development”, pursuant to Section 38.440.010.A because the application was deemed “adequate for further review” on September 2, 2022, prior to the City’s October 27, 2022 replacement of UDC PUD standards with new Planned Development Zone (PDZ) District standards. The new PDZ regulations established new procedures for review of older PUDs and PUD applications, now deemed “legacy” PUDs. This application is being reviewed and evaluated by the previous PUD review criteria as well as by relevant process and review criteria for “legacy” PUDs. Should this Preliminary PUD be approved by the City Commission, it would be deemed a Legacy Preliminary PUD and a Legacy Final PUD would follow the procedures and standards of UDC 38.440.020, Legacy Final Plan Review and Approval. Individual lot development proposals, such as a site plan, would be measured by the approved Legacy Final PUD and relevant UMU District and UDC standards in effect at the time of such an application. Any amendment to an approved Legacy Final PUD must meet the standards for “minor amendments” pursuant to UDC 38.440.030. Changes greater than minor amendments must be processed as a new Planned Development Zone (PDZ) application subject to UDC 38.430 standards. The Applicant proposes a wholly commercial development within the UMU district, per UDC 38.310.050. The Applicant seeks to develop this land as an extension of his similar Ferguson Farms I commercial development lying immediately to the west of this Site and which is zoned B-2, Community Business District. The PUD Site was annexed to the City in 2000 by the Applicant and it was initially-zoned Business Park (B-P) District. In March 2006, the Applicant submitted a zoning text 12 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 6 of 78 amendment application to create a new zoning district called Urban Mixed Use District (UMU). This application set forth the standards and regulations for the UMU District. In August 2007, by Ordinance No. 1681, the Urban Mixed Use District (UMU) was established. In April 2008, at the request of the Applicant, the 31-acre subject property was rezoned from B-P, Business Park District to the new UMU District by Ordinance No. 1745. This 31-acre Site is the only UMU-zoned land in the City. This PUD development proposes a mix of commercial uses including hotels, offices, retail, restaurants, medical facilities, sale of alcohol for consumption on-site, and both surface and structured parking as principal permitted uses. Although a mix of land uses is required in the UMU District, residential use is not a required component of this mix of uses and, although allowed by the UMU and this PUD, is not one of the land uses proposed within this development. The Applicant is seeking approval of this Preliminary Planned Unit Development (P-PUD) application because this proposal for development of the Site does not conform to 24 of the standards and requirements of the UDC for the Urban Mixed Use (UMU) zoning designation of the Site and other UDC standards. The 26 requested deviations/waivers/relaxations from the UDC that are sought by this PUD are loosely grouped as follows and are listed in Table 1 of Section 2 of this report and in the Applicant’s Narrative found in Attachment 1: (1) Allowing various commercial uses as principal uses which are either a special use or are not otherwise permitted in the UMU district per use Tables 38.310.040.A through E; (2) Exemption from Section 38.310.050 UMU zone supplemental use requirements for: (a) Subsection A requiring a mix of uses within each site plan; (b) Subsection C-- the 70% maximum gross square footage limitation for a single use, such as office, for the entire Site; (c) Subsection D-- the requirement that a minimum of 70% of the ground level block frontages must be occupied by non-residential uses with a depth of at least 20 feet and, also, parking garages must include ground floor “liner” uses for at least 40% of the façade that faces a street or greenway; (3) Exemption from the 20% minimum ground floor commercial space requirements of 38.330.010.E.2 for mixed use buildings within the UMU District; (4) Allow building height increases over the 60’ maximum for the UMU district per Table 38.320.050 to a maximum height of 90’ and 6 stories throughout the Site; (5) Exemption from the minimum and maximum number of parking requirements of 38.330.010.F for the UMU district and from the vehicle parking requirements of Tables 38.540.050-1 through 3; (6) Exemption from the 38.540.050.A.4.b requirement that bicycle racks must be located within 100 feet from the building it serves; (7) Allowing angled back-in on-street parking spaces, modifications to the street design and materials standards, modifications to water, sanitary sewer and stormwater facility location standards, and exemption from the requirement that all lots must have legal and physical access to a public street [most of these requests are under the purview of the City’s Director of Transportation and Engineering Department, per 13 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 7 of 78 38.200.010.D. State Statute does not allow an individual lot to not have legal and physical access to a public street.]; (8) Allowing alternate Block Frontage designations per 38.510.030.L; (9) Allowing surface parking along 100% of a Landscape Block Frontage street frontage per 38.510.030.C; (10) Reduce the required landscaped buffer between surface parking and the street from 10’ to 6’ for Block 3; (11) Waive the requirement for landscaping separating a building façade and a walkway per 38.520.040.D.3; (12) Front setback waivers per 38.510.030.C allowing buildings to be built to the front property lines); (13) Parking screening waiver per 38.510.030.C for the 1.7-acre Block 3 parking lot; and (14) Deviation from 38.520.070.C.2 to allow reduced trash enclosure screening on Lot 4, Block 4 from 3 sides to 1 side. Attachment 1 to this report is the Applicant’s list of specific relaxations sought, along with justifications for the UDC deviations/relaxations and his description as to how each relaxation meets the criteria for a PUD per the previous PUD criteria of Sections 38.430.030.A.4.c and 38.430.090. Attachment 2 is the Applicant’s PUD Design Manual. Attachments 3 through 6 provide supporting maps. Preliminary PUD as a Conditional Use Per the previous UDC Section 38.430.020.C, any PUD is deemed a Conditional Use (CU) within the zoning district in which the PUD lies. If this Legacy PUD application is granted approval, the conditions of approval for the PUD would be recorded with the County Clerk and Recorder and a subdivision preliminary plat must be approved to create the 9 blocks and 72 lots accommodating the PUD. Of the 72 lots, the new subdivision would create 49 buildable lots, 14 open space lots and 9 lots for parking garage use. The Preliminary Plat application includes a request for concurrent construction of on- and off-site water, sanitary sewer and street improvements and, if granted, the Applicant would submit an Improvements Agreement and Financial Surety for completion of those improvements. Any proposed development on any lot within the Legacy Final PUD would require a separate and specific site plan application for review and approval. However, the adopted Final Legacy PUD would represent a Master Site Plan for the phased development of the Site. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in UDC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The Applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the Applicant. The Applicant asserts that the overall outcome of this PUD 14 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 8 of 78 proposal is superior to what would be obtained from the application of the underlying UMU district. The Development Review Committee (DRC) has reviewed the application and its several revisions. Based on its evaluation of the application against the UDC criteria, on September 2, 2022, the DRC found the August 2022 revised application to be adequate for continued review. The DRC supports the granting of concurrent construction for this project with the satisfaction of all code requirements related to concurrent construction with the final planned unit development application which would be reviewed under the standards of UDC 38.440.020 for a Legacy PUD. The Site currently has no vehicular access from its surrounding streets. The Site is undeveloped with the exception of a portion of the Maynard Border Ditch agricultural irrigation ditch which flows through the western portion of the Site in a north-south orientation. The vegetation bordering the ditch consists of mature cottonwood, willow and wild rose species. This watercourse would be relocated 30- to 50-feet to the west as part of this development with new plantings bordering the ditch and a pedestrian “skybridge” built overhead (see Attachment 5). Public Comment The first public notice and comment period was September 9th to October 18, 2022. The Site was posted and mail notice sent on September 9th and a legal notice in the newspaper was published on September 11th and 18th. No public comment was received during this public notice period. However, the Applicant had not adequately updated the mailing list for adjacent properties and some properties had changed hands since the original submittal. Therefore, a second public notice period was established from November 4, 2022 to December 20, 2022 with a second posting of the property and a proper mailing. On December 29, 2022, after the December 5th CDB meeting, a member of the public commented that he objected to the proposed 90 foot height limits as being out of scale to this neighborhood and asked if the Fire Department could service an 8-story building or if taxpayers would need to purchase a new ladder truck. No other public comment has been received as of March 7, 2023. Unresolved Issues There are four unresolved issues with this P-PUD application: 1. In order to qualify for a PUD, the Applicant must demonstrate that the relaxation standard proposed provides a superior quality and character for the development than the UDC standard. Deviation No. 18 would relax UDC Section 38.520.070.C.3 (Screening of ground related services) to minimize the screening of a trash enclosure on Block 4, Lot 4. The Applicant would screen with vegetation only one side, rather all three sides. This trash enclosure on Lot 4 of Block 4 would be placed against the Huffine Lane lot line and would be highly visible from this Gateway Block Frontage. Staff opines that in this 31- acre PUD Site, sufficient land is available to provide a UDC-complying screen wall or 15 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 9 of 78 vegetative screen of all three sides of this trash enclosure visible from Huffine Lane (see Figure 14). Therefore, staff recommends Condition of Approval No. 6 which requires the Applicant to meet the UDC standard for screening trash enclosures throughout the Site. 2. As noted above on page 2, the Community Development Board, acting as the City’s Design Review Board, reviewed this application on December 5, 2022 and provided comments to staff and the Applicant on the proposal, including (i) suggestions to the Applicant to provide more substantial landscaping of the proposed “skybridge” design element to make it more functional as an amenity and as a north-south pedestrian corridor; (ii) suggestions to include permanent housing within the development; and (iii) suggestions to provide structured parking above the ground level of lots within the Site rather than surface lots. The Board also supports the staff-recommended conditions of approval including Condition No. 6 which would deny the trash enclosure Deviation No. 18 for Block 4, Lot 4 along the Huffine Lane Gateway Block Frontage. The Board voted unanimously, 8 to 0, to recommend approval of the PUD application with the staff-recommended conditions of approval and required UDC code provisions with the exception that the Board does not support the granting of Deviation No. 10 which would allow 100% surface parking for lots fronting on Landscape Block Frontage designated streets. The Community Development Board recommends denial of this deviation from the Landscape Block Frontage requirement that no more than 50% of a lot’s street frontage shall be devoted to surface parking. The Board discussion notes that such a vast amount of surface parking is an inefficient use of land and suggested that parking above the ground floor would be a more efficient use of the Site and individual lots within the Site. The Board also expressed a concern that surface parking along the street frontage of the proposed 72 lots on this 31-acre Site reduces the “walkability” of the Site and reduces the overall visual and land use coherence of the development for its users. The Board Members commented that this deviation does not appear to provide a superior result than the UDC standard requiring a 10-foot wide landscaped buffer between surface parking on individual lots and the limitation that surface parking areas may not exceed 50% of the lot’s street frontage for streets designated a Landscape Block Frontage. Therefore, this deviation was found by the Board to not meet the criteria for granting the deviation per UDC 38.430.030.A.4.c, nor does it appear to promote the public health, safety and general welfare of the City’s residents, workers and visitors or of the Site’s workers and visitors. A summary of the Board’s comments is presented as Attachment 7. Should the Commission agree with the Board’s recommendation to deny Deviation No. 10, the maximum 50% surface parking for lots fronting on Landscape Block Frontage- 16 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 10 of 78 designated streets would apply. Required compliance with the maximum parking lot frontage would likely have a material impact on the design and amount of provided parking on the PUD Site unless multi-level parking garages are provided. Should the Commission choose to support the Board’s recommendation to deny Deviation No. 10, a staff-recommended Condition of Approval No. 13 requires that surface parking not exceed 50% of street frontages. A suggested Motion by staff in the March 7, 2023 Commission meeting staff report included that CDB recommendation for denial of Deviation 10. That Motion was rejected by the Commission in favor of an Alternate Motion by staff in that report recommending approval of 24 of the requested deviations, including Deviation 10, with the staff-recommended conditions and code provisions. That Motion was approved by the Commission on March 7th. 3. It is noted that both the UDC Section 38.400.090.B and State Statute does not allow lots to be created that do not have legal and physical access via one of the following options: B. Drive access from improved public street, approved private street or alley required. 1. For purposes of this Code, "improved" public street, approved private street, or alley means and includes: a. Any street or alley within the city constructed to a standard which meets or exceeds standards established by this chapter, the city design standards and specifications policy, and the city modifications to state public works standard specifications; b. Constructed public streets which may not meet current city standards but which are constructed to a standard that has historically provided an adequate level of service to adjacent properties, which level of service would not be degraded as a result of a pending development proposal. 2. Unless otherwise allowed by this chapter, all lots must be provided with legal and physical access via one of the following options: a. Twenty-five feet of frontage on a public or approved private street; b. Twenty-five feet of frontage on a public or approved private street and an improved alley; or c. Twenty-five feet of frontage on an improved alley and a greenway corridor or trail corridor with public access. This option may require additional improvements to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services. Therefore, this Deviation No. 5 request may not be granted and Condition of Approval No. 4 requires code-complying legal access to be provided to those lots along with a land use restriction limiting the use of these lots to parking use. Furthermore, the Preliminary Plat that accompanies this P-PUD must provide code-complying access to each lot which may take a form different than the alternatives in subsection B.2. This appears as Condition of Approval No. 4 and as Required Code Provision No. 11, Lot Access. 17 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 11 of 78 4. The proposed P-PUD is accompanied by a Preliminary Plat subdivision which divides the 31-acre parcel into 72 lots. This P-PUD is not clear as to what deviations/waivers/exceptions are applicable to which individual lots or to a combination of lots as a development site plan. Condition of Approval No. 14 would require the Final PUD application to provide illustrations and other clarifying statements or images to indicate which deviations are to apply to which lots. Alternatives 1. Approve the application with the staff and CDB recommendations and with staff recommended conditions and report findings; 2. Approve the application with modifications to the recommended conditions and modifications to the report findings; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the Applicant, with specific direction to staff or the Applicant to supply additional information or to address specific items. 18 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 12 of 78 TABLE OF CONTENTS Executive Summary ................................................................................................................................. 5 Unresolved Issues ..................................................................................................................................... 8 Alternatives ............................................................................................................................................. 11 SECTION 1 - MAP SERIES ......................................................................................................................... 13 SECTION 2 - REQUESTED DEVIATIONS/RELAXATIONS/WAIVERS ...................................... 17 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ..................................................... 20 SECTION 4 - REQUIRED CODE PROVISIONS .................................................................................. 23 SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................................... 24 SECTION - 6- FINDINGS OF FACT AND RECORD OF DECISION ................................................ 74 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ................................................. 77 APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF .......................................... 77 APPENDIX C –PLANNED UNIT DEVELOPMENT INTENT ........................................................... 77 ATTACHMENT LIST ................................................................................................................................... 78 19 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 13 of 78 SECTION 1 - MAP SERIES Figure 1: Location Map Figure 2: Zoning Map 20 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 14 of 78 Figure 3: Ferguson Farms II PUD Master Plan Figure 4: Conceptual Land Use Map 21 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 15 of 78 Figure 5: Circulation Network Pedestrian Pathways Bicycle Pathways Shared Pathways 22 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 16 of 78 Figure 6: Open Space Network 23 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 17 of 78 Figure 7: Proposed 72-lot Preliminary Plat SECTION 2 - REQUESTED DEVIATIONS/RELAXATIONS/WAIVERS Deviations to the zoning code may be granted with a Planned Unit Development (PUD). The criteria for granting PUD deviations/relaxations/waivers are included in UDC Section 38.430.090.E. Staff has reviewed the criteria and finds that they are met for 24 of the 26 requested deviations with the recommended conditions of approval and the adoption of the staff analysis and findings below for justification. Deviation No. 18 (trash enclosure screening) does not meet established criteria for approval is addressed in staff- recommended condition of approval number 6. Also, Deviation 5, lot access, is not a deviation that can be granted due to overriding State Statutes; this is addressed in Condition of Approval No. 4 and Code Provision No. 11. 24 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 18 of 78 Table 1. 25 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 19 of 78 26 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 20 of 78 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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. Owners of lots facing a public street, including Block 3, Lot 3, and seeking to locate parking spaces facing the street must mitigate potential safety hazards associated with vehicle headlight glare to passing motorists by providing a minimum 6-foot wide landscape buffer between the parking spaces and the street-facing lot property line which shall be planted with densely-spaced evergreen shrubs which are a minimum 5-feet tall at planting. 3. The existing Class I shared use trail abutting the Site along the Ferguson Avenue frontage shall be widened from 8 feet to 10 feet by the Applicant and the Applicant shall install 8 feet wide Class I trails along the Fallon Street and Resort Drive frontages, concurrent with any first phase construction of this PUD Site. 27 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 21 of 78 4. Prior to approval of the Final PUD and approval of the associated Final Plat for this PUD Site, the Applicant shall record proper legal lot access and a land use deed restriction for the following 8 lots to provide adequate legal and physical access to public or publicly-accessible streets or alleys: Lot 1A, Block 7; Lot 1A, Block 3; Lot 1B, Block 8; Lots 1B and 1C, Block 3; Lots 1B and 1C of Block 7; and Lot 4 of Block 6. The deed restriction for Lot 1A, Block 7 and Lot 1A, Block 3 shall limit the use of the land to surface parking to assure physical access to the interior garage lots to address State law requirements for access. 5. To mitigate the heat island effect of the large expanse of pavement, to provide enhanced visual cues to parking areas for customers, workers and visitors, and to increase the comfort and relief from heat for those parking lot users, the Applicant shall ensure that the landscape plan provides a visually-prominent, deciduous tree- lined pedestrian corridor throughout the Site linking all parking lots to the Valley Commons Drive commercial corridor and to the Skybridge commercial corridor. An example of this design, which may differ from the concept landscape plan provided with this P-PUD submittal, is a plan that places small trees on the north sides of parking lots and places large shade trees along the south and west sides of parking lots and along a pedestrian walkway through the middle of the parking lot that connects to a network of similarly shaded pedestrian walkways. The design of this landscape plan should be coordinated with the City Forester to ensure the best environment for both pedestrians and for the health of the trees over time and shall be approved by the Director of Community Development. 6. The Applicant shall ensure that all trash enclosures within the PUD Site are properly screened to City standards per 38.520.070. 7. Pursuant to Section 38.550.050.M, Planned Unit Development Open Space, the landscape plan provided with the Final PUD application shall show what trees and shrubs are meeting this requirement and where they are to be located. 8. Public access easements must be provided for as shown on the P-PUD plans for all publicly accessible open space areas prior to Final PUD approval. 9. No property may be removed from the Final PUD covenants without written approval of the City of Bozeman. 10. Per UDC 38.560.060 and 080, a Comprehensive Sign Plan must be submitted with the Final PUD application and must be approved by the Director of Community Development with the Final PUD application submittal. 11. The City of Bozeman has relied upon the overall design and design standards submitted with this PUD application and shown as Attachment 2: Ferguson Farm II Draft Design Manual. This Design Manual shall be updated and submitted with the Final PUD application and, if approved, may not be altered without consent of the City. 28 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 22 of 78 12. The Final PUD plan and Subdivision Final Plat must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. 13. Lots that front on streets that are designated a Landscape Block Frontage must meet the parking location standards of UDC Table 38.510.030.C. Surface parking areas may not exceed 50% of the individual or development site street frontage. [The Motion of approval of the P-PUD negates this condition of approval because the Commission approved of Deviation No. 10 allowing 100% surface parking along street frontages designated Landscape Block Frontage.] 14. [new 13] The proposed P-PUD is accompanied by a Preliminary Plat subdivision which divides the 31-acre parcel into 72 lots. The Final PUD application shall provide sufficient illustrations and other clarifying statements or images to indicate which granted deviations would apply to which individual lots. 15. [new 14] The Final PUD landscape plan submittal shall show the locations of covered and uncovered bicycle parking within the street and/or streetscape. 16. [new 15] In order to qualify for a performance point towards this PUD, per UDC 38.430.090.E.2.a (7), the details of the sheltered bus stop shall be provided with the Final PUD application. The Applicant shall submit with the Final PUD application the following materials regarding this facility: (i) a site plan for the shelter showing its location and design which has been approved by the transit provider (Streamline); (ii) an encroachment permit for the location of the facility if it is to be located within a public right-of-way; and (iii) an ownership and maintenance agreement between the owner of the facility, the owner of the land upon which it rests, and the transit provider. The facility must be completed concurrent with any first phase development of the PUD Site. 17. [new 16] Former PUD Section 38.430.090.E.2.a (7) outlines “performance points” needed to qualify for a PUD designation. On Table 2 of this report, the Applicant identifies streetscape improvements, wayfinding signs and a sheltered bus stop that are to qualify as this PUD’s “performance points”. The locations and designs for these improvements have not been provided with this Preliminary PUD. To qualify for the points, the Applicant shall provide details for these amenities and assets with the Final PUD application. The details of those performance point elements shall be approved by the Director prior to approval of the Final PUD. 29 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 23 of 78 SECTION 4 REQUIRED CODE PROVISIONS 1. BMC 38.220.050. A final approved weed control plan must be submitted prior to Final PUD plan approval. 2. BMC 220.080. Irrigation water. Clarify proposed water demand for irrigation system. The Applicant shall clarify the nature of the existing well and water right to support the new demand. Provide letter from DNRC confirming water right or intent to issue right to support the project prior to approval of the planned unit development final plan. 3. BMC 38.220.300 and 310. The property owners’ association documents pertaining to the maintenance of common areas, the back-in street parking and shared parking areas must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the Final PUD plan and its accompanying subdivision Final Plat. 4. BMC 38.230.020.A and C. a subsequent site plan application is required to be reviewed and approved for all phases of this development prior to building permit issuance. 5. BMC 38.270.030. For concurrent construction provide a full response to the required items in BMC 38.270. Provide response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. 6. BMC 38.430.040.A.3, Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. 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. 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; the final plan does not change the general use or character of the development; 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; the final plan does not decrease the open space and/or affordable housing provided; 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 the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the 30 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 24 of 78 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. 7. BMC 38.550.050.I. Irrigation plans are required to be submitted with the Final PUD open space landscape plan with the subsequent site plan application. 8. BMC 38.550.060.A.1. The Final PUD open space landscape plan must meet the requirements of 23 performance points and be finalized and completed with the subsequent site plan application. 9. BMC 38.400.050.A1. The accompanying subdivision property owner’s association must maintain the proposed on street angled parking allowed on internal streets, including snow plowing and maintenance of the parking surfaces. The property owners’ association documents must include language to this effect and be reviewed and approved prior to final PUD approval. 10. BMC 38.430.070.A a. All public infrastructure, both on and offsite, must be installed with the first phase of development. 11. BMC 38.400.090.B, Lot Access. All lots within the Site must meet the lot access standards of the UDC and of relevant State Statutes for legal and physical access to a public or publicly-accessible street or alley. This shall be demonstrated as part of the Final PUD application. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, Community Development Board recommendations, 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 Plan Review Criteria, Section 38.230.100, BMC. The Applicant is again advised that unmet code provisions, or code provisions that are not specifically listed as conditions 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. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy; The PUD Site is designated “Community Commercial Mixed Use” in the Bozeman Community Plan Future Land Use Map (FLUM). 31 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 25 of 78 Per this Plan, this category is intended to “promote commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity.” Staff Evaluation: The proposed PUD development is a wholly commercial development which allows a mix of commercial uses consistent with this Community Commercial Mixed Use designation. The current proposal has no residential component although the underlying UMU District zoning allows a variety of housing types. The Applicant intends this Site to be an extension of his Ferguson Farms I development located immediately west of this Site. Within the development’s “core” along the extension of Valley Commons Drive are storefronts along the ground floors of multi-level buildings. There are plazas interspersed along this commercial street with seating and landscaping. Neighborhood Context. Medium-density residential neighborhoods (duplex and triplex homes) are found north of the Site. A manufactured home park is located south of the Site, across Huffine Lane. One- to three-story commercial buildings are located immediately north, east and west of the Site. Per the Plan, “Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development.” Staff Evaluation: This is a wholly commercial development and the requested PUD deviation numbers 2, 3, 4, 9, 11, 13, 14, 15 would enable buildings to be built to the lot lines, rather than setback 10’ with landscaping separating the building from the sidewalk. These deviations would produce an urban rather than suburban streetscape. PUD deviation No. 4 would allow an increase of building height from 60’ to 90’ throughout the Site. 32 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 26 of 78 Deviation Number 10 would allow surface parking lots to encompass 100% of the lot’s street frontage and Deviation 12 would reduce the landscape buffer between the street and parking lots from 10’ to 6’. These two deviations would produce a Site that is distinctly suburban in design and character. Parking lots facing the street could produce nighttime headlight glare to passing motorists which would pose a safety hazard. Headlight glare could also disturb residents living in housing along Fallon Street to the north of the Site. Condition of Approval No. 2 would address this safety concern by mitigating headlight glare with dense plantings of evergreen species within the required landscape buffer zone between the parking lot and the street lot lines. This Condition states: “Owners of lots facing a public street, including Block 3, Lot 3, and seeking to locate parking spaces facing the street must mitigate potential safety hazards associated with vehicle headlight glare to passing motorists by providing a minimum 6-foot wide landscape buffer between the parking spaces and the street-facing lot property line which shall be planted with densely- spaced evergreen shrubs which are a minimum 5-feet tall at planting.” However, if the Commission chooses not to grant the reduced landscape buffer of Deviation No. 12 (from 10’ to 6’), this Condition should remain as mitigation for headlight glare to residents and motorists traveling abutting streets. The Bozeman Community Plan states: “Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” Staff Evaluation: The residential neighborhood surrounding the Site is expected to support neighborhood-serving businesses within the PUD development. Businesses within the Site are expected to offer employment opportunities to area and City residents. The up to 90’feet tall 6-story tall buildings within the Site would provide a visible and distinct focal point in the area. Relevant Bozeman Community Plan Policies: Theme 2 - A City of Unique Neighborhoods Goal N-1: Support well-planned, walkable neighborhoods N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-1.7 Review and where appropriate, revise block and lot design standards, including orientation for solar power generation throughout city neighborhoods. 33 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 27 of 78 N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. Applicant’s statement: “Ferguson Farm II is envisioned as a well-planned and walkable commercial neighborhood. From the skybridge and the Maynard Border Ditch to the food court pod [Public Open Space Lot 2] to the off leash dog area [Public Open Space Lot 8], the site has been designed to have numerous neighborhood focal points and activity areas. Multimodal connections are shown within and through the site. Lots have been designed to be oriented to the prevailing solar path. The project will contribute to the sense of the place in this area of the community.” Staff Evaluation: This Goal, Support well-planned, walkable neighborhoods, is positively addressed by the Applicant’s provision of a reduced width Class I trail along the Fallon Street and Resort Drive frontages of the Site. The City Engineer has granted an 8-foot wide shared use trail along those street frontages, provided the Applicant increases the width of the existing shared use trails along the Huffine Lane and Ferguson Avenue frontages from 8-feet to 10-feet per Condition of Approval No. 3. These trails must be provided concurrent with any first phase construction of the PUD Site. This trail system would connect the Site to adjacent neighborhood destinations. However, the abundance of surface parking lots fronting the Site along its north, east and west frontages would not present the Site or development therein as particularly “walkable”; rather, it would be perceived as auto- dominated. Condition No. 2 would partially mitigate this auto-dominance streetscape by requiring the planting of densely-spaced evergreen shrubs which are a minimum of 5 feet at planting, along the minimum 6-feet landscape screening of the parking lot(s). One of the ways in which this application qualifies as a PUD is by the provision of “performance points” pursuant to the former PUD criteria 38.430.090.E.2.a (7). This application proposes to provide “one on-site covered bus stop” as noted in Table 2 found on page 69. In order to qualify for this one “performance point”, details of the location, design and permits for this sheltered transit stop must be provided with the Final PUD application as noted in Condition of Approval No. 16. The provision of this sheltered bus stop would 34 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 28 of 78 facilitate the walkability of the Site and would support commuting to and from the Site by workers and visitors. Theme 3 - A City Bolstered by Downtown and Complimentary 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-1.12 Prioritize the acquisition and/or preservation of open space that supports community values, addresses gaps in functionality and needs, and does not impede development of the community. 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. DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building methods and building code changes. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. DCD-3.2 Identify missing links in the multimodal system, prioritize those most beneficial to complete, and pursue funding for completion of those links. DCD-3.3 Identify major existing and future destinations for biking and walking to aid in prioritization of route planning and completion. DCD-3.4 Support implementation of the Bozeman Transportation Master Plan strategies. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Applicant’s statement: “The project is an infill project located within the current City limits. The PUD and the associated relaxations address the regulatory challenges that are likely as a result of this project, such as required parking and allowable building height. The project includes significant open space to compliment the project’s commercial design. The site is envisioned as a center for 35 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 29 of 78 employment and activity, and a variety of transit options are proposed to connect this site to the existing transit system including bus and trail connections. Parking requirements for the project are proposed in a similar fashion to that allowed in the Midtown Urban Renewal District.” Staff Evaluation: The UDC has a specific definition of “infill” development, as adopted by Ordinance 2111 addressing zoning “departures” for additional housing. That definition is: “Infill. The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years.” Although this PUD Site is undeveloped and is surrounded by development, it does not qualify as “infill” per this definition as it has not been subdivided for 35 years. This PUD is accompanied by an application to divide the 31 acre Lot 5 of Minor Subdivision No. 295 into a 9 block, 72 lot subdivision to accommodate this development. However, development of this Site as proposed in this PUD application would address the policies of the above Theme 3 as a commercial center complementary to the Bozeman Downtown District. Theme 4 - A City Influenced by our Natural Environment, Parks, and Open Lands Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. Applicant’s statement: “The Ferguson Farm II project has been designed to protect the integrity of the Maynard Border ditch that flows through the western side of the site. Trails have been proposed adjacent to the ditch, as shown on the proposed Landscaping plans.” Staff Evaluation: The agricultural irrigation ditch that transects the Site is not a natural waterway. It would be relocated as part of this PUD application and designed to be a north- south pathway at grade and above-grade. The Community Development Board (CDB) expressed concern that the width and landscaping proposed for this “skybridge” feature of the Site would need to be more robust to provide an effective pedestrian pathway and amenity. They expressed concern that the ground level landscaping, next to the ditch, would remain in shadow. Please see Attachment 7 for a summary of CDB comments on the skybridge. Staff finds that the skybridge, with enhanced landscaping and seating amenities as suggested by Board Members, would positively address the Theme 4 goal. 36 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 30 of 78 Theme 5 - A City That Prioritizes Accessibility and Mobility Choices Goal M-1: Ensure multimodal accessibility. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric scooters, powered wheelchairs, etc.). M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas, bike/scooter share, transit service, bike, and pedestrian connections). M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding signage, connections, and enhancements with emphasis on completing network connectivity. M-1.11 Prioritize and construct key sidewalk connections and enhancements. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. Goal M-2: Ensure multimodal safety. M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors. Applicant’s statement: “The project provides multimodal access to and through the site. The site is adjacent to the existing Streamline Purple line, and future route modifications are likely to include direct service within this project site. Key pedestrian and multimodal connections are proposed, with covered bike parking shown adjacent to key site amenities. Wayfinding signage is also shown for this site to assist with navigation and safe site connections across the large site area. Parking is proposed in a similar manner as within the Midtown Urban Renewal District. Please see the Relaxations for additional details on this proposal.” Staff Evaluation: Table 2 identifies streetscape improvements, wayfinding signs and a sheltered bus stop that are to qualify as this PUD’s “performance points”. The locations and designs for these improvements have not been provided with this Preliminary PUD. To qualify for the points, the Applicant must provide details for these amenities and assets with the Final PUD application per Condition of Approval No. 16. Those performance point amenities are expected to positively address Theme 5 goals. Theme 6 - A City Powered By Its Creative, Innovative, and Entrepreneurial Economy Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. 37 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 31 of 78 EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. Goal EE-2: Survey and revise land use planning and regulations to promote and support economic diversification efforts. Applicant’s statement: “The project will create approximately 850,000 square feet of commercial space, contributing to Bozeman’s continued goal of being an economic center. The relaxations to the land use regulations are essential to meeting this goal.” Applicant’s statement: “As has been described within the application documents and plans, the proposed Ferguson Farm II project supports multiple components of the City’s Strategic Plan as described above.” “All [private] open spaces and all common portions of the PUD will be owned and maintained by the Ownership Organization. Please see the draft governing documents for additional details. Approximately 1,713 employees possible at this site, likely employed working on multiple shifts. The precise number of employees will be determined with subsequent Site Plan submittals.” Staff Evaluation: The above-cited policies of the Bozeman Community Plan and Strategic Plan are relevant to this PUD and, as expressed by the Applicant’s narrative, are positively addressed by this proposal. 2. Conformance to this chapter, including the cessation of any current violations There are no known documented violations of the UDC for this property. The Site is zoned Urban Mixed Use (UMU) which is an implementing zoning district for the Community Commercial Mixed Use Future Land Use designation. According to the Bozeman Municipal Code/ Unified Development Code: “Urban mixed-use zoning district (UMU) The intent and purposes of the UMU urban mixed-use district are to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability in uses and standards to landowners and residents. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and with adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. It is the further the intent of this district to: 38 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 32 of 78 a. Allow complementary land uses which encourage mixed uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips; b. Foster the development of vertically oriented mixed uses, in contrast to single use development distributed along high vehicle capacity roadways; c. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; d. Provide roadway and pedestrian connections to residential areas; e. Provide appropriate locations and design standards for automobile and truck- dependent uses; f. Create central urban gathering places such as community squares or plazas; g. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and h. To encourage and support the use of sustainable building practices. 2. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors; that is, at the intersections of two arterials, or, less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use.” [These UDU zone objectives and criteria for development are expected to be met by the current concept plan for this PUD and the accompanying Ferguson Farm II Major Subdivision Preliminary Plat application.] Sec. Sec. 38.310.050. Supplemental use provisions for the urban mixed-use zoning district. “Mixed uses required and limited: A. Development must include a mix of uses. [Deviations 2 and 3 waives this requirement.] B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A combination of at least two different groups of uses must be provided within each site plan. [Deviations 2 and 3 waives this requirement.] C. No use group must exceed 70 percent of the total gross building floor area in the entire site development. Multiple buildings may be shown on a single site plan as allowed in division 38.230 of this chapter. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use must be utilized. Single use buildings are allowed provided the entire site meets the required use mix standard. [Deviations 2 and 3 waives this requirement.] D. At least 70 percent of the ground level block frontages (see division 38.510) must be occupied by non-residential uses. To meet this requirement, the depth of non-residential floor area must be at least 20 feet deep. Ground level lobbies for residential uses on 39 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 33 of 78 upper floors may qualify as a non-residential use for the purpose of this standard provided such lobby occupies no more than 50 feet of the block frontage. Structured parking is classified as a non-residential use. Structured parking at the ground level must include liner buildings of usable proportions along at least 40 percent of the building façades facing a street or greenway.” [Deviations 2 and 3 waives this requirement.] 38.330.010. UMU district—Special standards. A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a lesser area of not less than ten acres upon finding that a smaller area will still provide for adequate transition between adjacent districts, provide a reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district must be surrounded by perimeter streets unless precluded by topography. C. Block frontages and building orientation. See division 38.510 for applicable standards for all development types [Deviation 9 through 15 waive these standards]. D. Site planning and design element standards. See division 38.520 for applicable standards for all development types [Deviation 16 would exempt development from having 3’ wide landscaping between the building and sidewalk, per 38.520.040.D.3. Deviation 17 would waive the requirement to provide 12’ wide sidewalks with trees and landscaping along buildings 100’ or more in length, per 38.520.040.D.4]. E. Building standards. 1. Building design. See division 38.520 for applicable standards for all development types. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 13 feet. [Changed to 15 feet floor to floor height] b. All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more. [Deviations 2 and 3 would exempt development from these mixed use standards.] 3. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. [This standard would remain.] F. Special parking standards 40 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 34 of 78 1. Maximum surface parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual development must not exceed 100 percent of the minimum parking requirement for the subject land use based upon the requirements of division 38.540 of this chapter. The UMU district may utilize the parking reductions authorized in section 38.540.050.2.c.1. All qualifying reductions must be included in determining the 100 percent requirement. b. Exemptions to section 38.330.010.G.1.a, to allow unstructured surface parking up to 100 percent of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other regular rent is paid, or similarly managed parking facilities. 2. Structured parking incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per Table 38.320.050. 3. Bicycle parking. Covered bicycle parking must be provided. The covered spaces must be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces must be the greater of either ten bicycle parking spaces or five percent of motor vehicle parking provided on-site. Applicant’s statement: Please note that UDC 38.430.070, Phasing of PUDs, requires details of the proposed development within the PUD as a concept master plan. The following descriptions should be deemed illustrative of potential future development within the PUD Site and are not deemed a “fixed” development plan. The development of individual lots and the phasing of blocks within the PUD are expected to be proposed by individual lot owners, over time, once the public infrastructure and private streets are built. The Applicant states that all surface parking lots would be built by him and would be available in common to all lot owners, their tenants, workers and visitors. A property owners’ association would maintain all common areas such as surface parking, private streets and alleys, open space and stormwater management facilities. The square footage of land uses and the parking spaces noted below are illustrative of potential development of the Site. Applicant’s statement: “In the 9 Blocks within the PUD Site (and subdivision), the following building square footages are anticipated by the Applicant to be built: 135,464 sf - Retail, Restaurant, Commercial, Bar 246,081 sf - Office 368,072 sf - Hotel 95,200 sf - Medical 27,235 - Structured Parking 22,125 sf - Garage Condo Units 41 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 35 of 78 Approximately 1,713 employees are anticipated by the Applicant to be possible at this site, likely employed working on multiple shifts. Parking required for this development would be approximately 1555 spaces, (after reductions for adjacency to transit routes, adjacency to Storefront Block Frontages, and joint use reductions of 30% as specified in the TIS). Total parking provided for this project is 883 total spaces, and includes on street parking and the proposed garages (one space per garage). The required bike parking would be 155 - 226 spaces. The project is proposing to provide 304 bike parking spaces across the site (112 x 2- bike racks (uncovered); 40 x 2-bike racks (covered)). The covered bike parking exceeds the required UMU standards. Please note, the parking calculations for this project do not consider the full range of uses that are possible at this site. For example, assuming one-third of projected office space as shown on the 3-D map (land use map Attachment 7) becomes hotel units and/or one-half of retail is developed as restaurant space, the project could be required under the existing UDC to provide 2,264 required spaces. It is therefore difficult for the Applicant to discern the precise parking that would be required under the UDC for this project at this initial stage. Block by block analysis of initial assumptions for parking can be provided upon request.” “Related to site parking and circulation, please also note that with this submittal the Applicant is requesting an exception to the prohibition to backing into the alley by non-residential development (UDC Sec. 38.540.020.D). Function of the alley will not be impeded with the City’s grant to this request.” Staff Evaluation: Deviation 19 exempts the development from minimum and maximum parking requirements. If granted, the maximum parking standards of subsection F.1.a would also be waived. The provisions of F.1.b would not apply to this development as all surface parking would be shared by all development within the Site. Parking spaces in garages may be individually sold or condominiumized and, therefore, not shared. The provisions of F.2 would not apply as there is no maximum Floor Area Ratio (FAR) for the UMU zone and the maximum building height, with or without structured parking, would be 90’ if granted by the PUD. Based on the estimated building square footage noted above by the Applicant, the 1,555 parking spaces to be provided within the Site would represent about 88% of the required parking for this development per the Applicant’s proposed mix of commercial land uses. This PUD, proscribing no minimum or maximum parking requirement, would allow the developers of the 49 buildable lots to determine and provide for their own demand for parking. The covered bicycle parking provision of F.3 is not waived by Deviation 20 which seeks relaxation from the requirement that required bicycle parking must be located within 100’ of the building it serves. If Deviation 20 is granted, there would be no maximum spacing or distance for covered bicycle racks from the building they are to serve. However, Condition of Approval No. 14 requires the location of bike racks to be shown on the Final PUD landscape plan submittal. 42 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 36 of 78 In the interest of facilitating development of this long-vacant former farmland site, per the Community Plan Growth Policies of Theme 3, DCD 1 through 3.6, staff has no objections to minimum and maximum parking requirement deviations and waivers. Staff anticipates that, to be a workable, efficient and successful development, the developers of lots within the PUD Site will provide adequate parking to serve their development. If, over time, there is too much surface parking, new development could fill that space. If there is insufficient on-site parking, surface lots could be developed with multi-level garages that would be “wrapped” with commercial or residential uses at the ground floor streetfront. G. Lighting. All building entrances, pathways, and other pedestrian areas must be lit with pedestrian-scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, etc.). Alternative lighting meeting the intent of the design guidelines and other criteria of this chapter may be approved through site development review. Staff Evaluation: There is no PUD exemption from this standard. H. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and will be more concentrated in size and development than anticipated in a less urban setting. The requirements of this section give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. The parkland dedication requirements of division 38.420 of this chapter may be satisfied by a cumulative contribution of land and the value of on-site improvements to create spaces with the characteristics and functions described in this section. Development within the UMU district may also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of section 38.420.020.A. The requirements of this section must prevail if these standards conflict with the application of the standards of article 4 of this chapter. 1. Public spaces must be designed to facilitate at least three of the following types of activities to encourage consistent human presence and activity. 2. Public spaces must be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Staff Evaluation: There is no proposed PUD deviation from these standards. Since there is no residential component to this development, these standards would apply to the commercial open space requirements of 38.520.060.C. 43 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 37 of 78 Although the Applicant requested the 2006 creation of the UMU zone and in 2008 he requested that this Site be rezoned from its initial B-P (Business Park) District designation to the UMU district designation, he now seeks to waive many of the UMU District Special Standards of 38.330.010 as noted above. Therefore, the Applicant seeks waivers, exemptions, deviations and relaxations to the UMU standards as well as other UDC provisions via this P-PUD. The 26 requested relaxations to the UDC standards are listed in Table 1 above as well as in Attachment 1 which also has the Applicant’s rationale for each requested deviation. The Applicant states that the PUD would allow all land uses that are permitted in the UMU District to be principal uses on any of the 49 buildable lots in the Ferguson Farms II subdivision. The Applicant describes the concept plans for each block in Attachment 1. This PUD evaluation does not analyze those lot-specific development proposals as they are deemed “concept plans” at this stage of the PUD review process. This evaluation of the P- PUD and its block-by-block concept plans does not approve or “vest” any specific development for those lots. Any development proposal for any lot within the PUD and subdivision must go through a separate site plan application and review. This PUD qualifies as a Phased PUD pursuant to 38.430.070 and the block and lot details proposed in this PUD qualify as a Master Site Plan for this Site. When the Final PUD and subdivision Final Plat have been approved and the Final Plat is recorded, the development proposals for individual lots may submit a site plan application that is consistent with the adopted PUD Master Site Plan for that lot. Site plan applications of individual lots would be reviewed by staff and brought before the Community Development Board, as the Design Review Board (DRB), only if the proposed development reaches the DRB review thresholds of 38.230.040, such as a parking lot with more than 90 spaces or a 4-story or taller building. 38.430.010. Intent of a Planned Unit Development Relaxations to the City’s zoning standards may be sought with a Planned Unit Development (PUD) application. A PUD approval is a discretionary approval and the review authority (City Commission) must find that the overall development is: (1) superior to that offered by the underlying zoning district as well as basic existing zoning standards per 38.430.030.A.c; (2) consistent with the intent and purpose of the UDC 38.430 PUD chapter; (3) consistent with the adopted goals of the City’s Growth Policies and with any relevant adopted design objectives plan per UDC 38.20.030.A.4.c; and (4) promotes the public health, safety and general welfare per UDC 38.100.040.B. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The Applicant can request deviations/relaxations from the code in exchange for a higher quality design of his development. The obligation to show a superior 44 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 38 of 78 outcome is the responsibility of the Applicant. In Attachment 1 the Applicant describes how, in his view, the overall outcome of the proposal would be superior to what would be obtained from the application of the underlying UMU district and basic zoning standards. The criteria for granting a PUD are found in UDC 38.430.090 and the staff evaluation of the Applicant’s application is shown below. Generally, this PUD proposal would allow:  nearly 900,000 gross square feet of commercial space;  building heights of up to 90 feet;  no minimum or maximum parking or loading standards—each lot owner or developer may determine what amount of parking s/he needs to meet her/his demand;  internal circulation with alternate street widths,  street design and construction standards and public streets maintained by the subdivision property owner association;  alternate municipal water, sanitary sewer and storm water systems and locations;  public and private open space facilities;  signage on all sides of a building;  PUD-specific design standards as shown in Attachment 1; and  20 PUD-specific Performance Points needed to qualify for the PUD submittal. It is noted that the street design alternatives proposed by Deviation Numbers 6, 23, 24, 25 and 26 are not “zoning” standards that can be addressed by a PUD but, rather, are under the purview of the City’s Director of Transportation and Engineering, per 38.200.010.D, and must be evaluated and approved separately by the Director. Staff Evaluation: It is staff’s opinion that not all of the 26 requested relaxations qualify for PUD consideration because they do not meet the “superior quality” standard of UDC 38.430.030.A.4.c which states: “The review authority must make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430, with the adopted goals of the city growth policy and with any relevant adopted design objectives plan. Upon deciding in favor of the deviation request, the review authority may grant deviations, above or below minimum or maximum standards respectively as established in this chapter, including the complete exemption from a particular standard. If the review authority does not determine that the proposed modified standards will create an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430 and with any relevant design objectives plan, then no deviation will be granted.” 45 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 39 of 78 The relevant question posed by staff in evaluating each of the 26 proposed relaxations is “would the relaxation produce a superior development than the BMC standard would, and would it positively address or advance Community Plan/Growth policies and protect the health, safety and general welfare of the community?” Most of the Applicant’s requested deviations to the UDC would meet the PUD review criteria. In the staff evaluation of each deviation request, some could meet the criteria if specific mitigation conditions are met by the Applicant; those mitigating conditions are noted above in the Conditions of Approval section of this report. Deviation No. 18 cannot meet the PUD criteria of a superior product even with a mitigating condition of approval as it seeks to reduce the screening of a highly visible trash enclosure on one lot to only one side. This enclosure is to be located on Block 4, Lot 4 which lies within the Gateway Block Frontage of Huffine Lane viewscape. Condition of Approval No. 6 addresses the trash enclosure impacts by denying the deviation request to screen the trash enclosure abutting the Huffine Lane property line on only its south side, facing Huffine Lane. Staff, through Condition No. 6, requires the enclosure, and all other trash enclosures within the Site, to be screened on all three visible sides. As noted earlier, the Community Development Board recommends denial of Deviation No. 10 which allows surface parking lots to front on 100% of streets designated as Landscape Block Frontages. To address the Board’s recommendation, should the Commission agree with the CDB, Condition of Approval No. 13 is offered to require lots within the PUD Site to meet the maximum 50% street frontage devoted to surface parking areas. [Since the March 7, 2023 Commission action to support Deviation 10 in their Motion for approval of the P-PUD, Condition No. 13 has been removed as a condition of approval, noted on page 21 by strike-out text.] Staff recommends approval of 24 of the 26 the proposed deviations and recommends approval of the Ferguson Farms II Preliminary PUD with the conditions of approval noted above and standard code provisions applicable to the PUD process in effect at the time this application was deemed “adequate” for further review and public notice (September 2, 2022). The other deviation requests are deemed either (1) approved because they could be deemed to demonstrate a superior result or product; or (2) they can be approved with mitigation as a condition of approval so that each would mitigate a potential adverse impact to the Site or environs or would result in a superior development than the UDC standard would produce. 46 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 40 of 78 The 2 requested deviations that cannot be approved, even with mitigation or conditions of approval are:  Deviation No. 5 which seeks to create 6 parking garage lots without legal and physical access to a public street or alley [this is not permitted by State Statute]; and  Deviation No. 18 which seeks to allow a trash enclosure on Block 4 to not be screened from view from Huffine Lane on its two sides [this does not provide a superior outcome.] Staff clarified to the Commission at the March 7th hearing that staff does find that Deviation 10 is positively addressed by Growth Policies and meets PUD criteria and, therefore, is supported by staff. In addition to the recommended Conditions of Approval, UDC code provisions are provided related to final planned unit development plan approval and subsequent site plan approval. 38.230.100. Plan Review Criteria continued: 3. Conformance with all other applicable laws, ordinances, and regulations Deviation 1 would allow sale of alcohol for consumption on-premises as a principal use. If granted, Applicants for this use would still be required to meet State Liquor License laws and regulations. 4. Conformance with special review criteria for applicable permit type as specified in article 2 Most proposed uses would be principal uses per Deviation 1. However, owners or developers of each lot would be required to submit a site plan that is consistent with the PUD master site plan. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use 47 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 41 of 78 criteria, general land use standards and requirements, and wireless facilities if applicable Deviation 1 would waive most of the supplemental use standards and requirements of the UMU zoning resulting in stripping the UMU zone of most of its requirements for a mix of land uses. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Deviations 8, 17 and 23 through 26 would amend the City’s standards for street widths, on- street parking design, street section design and construction materials, shared-use pathway widths, and design and locations of water, sanitary sewer and stormwater facilities. These deviation requests would be decided by the Director of Transportation and Engineering. As noted below under Criterion 7, the current Storefront Block Frontage designations for the bordering streets would be substituted for the “Other” Block Frontage designations and the new interior Landscape BF landscaped setback standards would be reduced from 10’ to 6’ in width. 7. Conformance with the project design provisions of article 5, including: (a) compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of 48 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 42 of 78 buildings on the site and visual integration; Figure 8: Current Block Frontage (BF) Designations. Red line indicates Storefront BF; orange indicates Gateway BF; green line indicates Landscape BF and purple indicates Mixed BF designations. 49 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 43 of 78 The Applicant seeks to replace the current Block Frontage designations for Ferguson, Fallon and Resort streets from Storefront Block Frontage (BF) to “Other” BF. The “Other” BF designation allows parking lots to be built along street frontages with just a 10’ wide landscaped buffer whereas the Storefront BF requires parking to be placed to the side or rear of structures and parking lots are limited to 60 feet of the street frontage with a minimum 6’ landscape buffer between the parking areas and the street. Both the Storefront and Other Storefront BF Landscape BF Other BF—including Ferguson, Fallon and Resort streets Gateway BF Figure 9: Proposed Block Frontage Designations for the Ferguson Farms II PUD 50 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 44 of 78 BF have similar transparency standards—60% of the ground floor façade between 30” and 10’ above the sidewalk. The interior north-south streets would be designated Landscape BF. The Landscape BF designation requires parking to be provided to the side, rear, below or above the street frontage and it limits surface parking to no more than 50% of the street frontage. If parking garages are provided, 38.510.030.M would require “lining” the street-facing façade with commercial floor space with a minimum depth of 20 feet. The Applicant’s requested Deviation 10 would allow surface parking on 100% of the street frontage of individual development sites facing a Landscape Block Frontage. The Community Development Board, acting as the City’s Design Review Board per 38.230.040, voted unanimously on December 5, 2022 to recommend denial of this Deviation. They commented at their meeting that such surface parking would be unsightly to all who visit the Site and would provide an unappealing and perhaps unsafe pedestrian experience and streetscape along that frontage. In the CDB opinion, Deviation 10 would not induce “walkability” for this neighborhood, nor would it appear to provide a “superior” development than the UDC Landscape BF standard would. Therefore, the Board recommended denial of this Deviation No. 10. Staff finds that Deviation 10 positively addresses PUD criteria and, with the mitigation vegetative screening of Condition of Approval No. 2 and 5, would provide a complementary if not superior development than the UDC parking lot screening standard would. The interior east-west streets would be designated Storefront BF. The east-west Valley Commons Drive within the Site would be the core commercial street and would likely have 4- to 6-story tall buildings built to the property line on the north side of the street with no landscape buffer between the building and the sidewalk if Deviation 16 (Pathway Design) is granted. If Deviation 12 is granted, the landscape screening of parking areas would be reduced from 10’ to 6’ in width (please see Condition of Approval No. 2 for mitigation of headlight glare for this Deviation). Criterion 7(b) design and arrangement of the elements of the plan so that activities are integrated with the organizational scheme of the community, neighborhood, and The surface parking lots bordering the frontage streets of Fallon, Ferguson and Resort do not foster an integrated development with the surrounding neighborhoods. The buildings proposed along the Huffine Lane major arterial roadway would be built to the lot line but 51 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 45 of 78 would border a 30’ public access easement lying between the road and the Site’s southern lots. other approved development and produce an efficient, functionally organized and cohesive development; The development proposed for this PUD would be similar to the development of the Ferguson Farms I lying to the west, although with taller, up to 90’, buildings. 7(c) Design and arrangement of the plan in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; The 31-acre PUD Site is part of a larger Ferguson Farm property purchased by the Applicant years ago. This property was in agricultural use in years past and is relatively flat with one irrigation ditch traversing the western portion of the Site in a north-south orientation. The irrigation ditch would be relocated with the permission of the ditch owner and would be re-landscaped with a “skybridge” walkway above it (see Attachment 5). 7(d) Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation; This criterion is not positively addressed, as landscaping would be eliminated against buildings along the Storefront Block Frontages of Valley Commons Drive and would be reduced from 10’ wide to 6’ wide along the internal Landscape Block Frontage roads per Deviations 9, 11, 12, 13, 14, 15 and 16. Foundation plantings separating the building from pedestrian pathways would be waived by Deviation 16. The existing trees and shrubs along the Maynard Border Ditch alignment would be replaced with decorative landscaping. Although, this landscaping criterion is not positively addressed by those requested Deviations, overall, on balance, the PUD positively addresses other review criteria as noted previously and below. 38.230.100. Plan Review Criteria continued 7(e) Open space; Applicant’s Discussion: “Ferguson Farm II contains fourteen (14) open space lots. The fourteen qualifying open space areas account for approximately 4.69 acres (204,432 square feet) of open space. A portion of this open space area (.62 acres or 27,031 square feet) is provided to meet the commercial open space standards for the entirety of the site, while 4.07 acres (177,400 square feet) is provided and has been applied towards the calculation for required PUD performance points. The open space areas will support trails, plazas, an event area, the skybridge, covered bicycle parking, a food truck court, dog walk areas, and picnic areas (see the Landscape plans L10 - L13 for additional design details for each of these open 52 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 46 of 78 space areas). The open space applied to the PUD points does not include the pathways between buildings. All open space areas, with the exception of the skybridge itself (which has not been counted toward the meeting the required performance point minimums) will be constructed with infrastructure. The skybridge will be built as the adjacent buildings are constructed. The total area of qualifying onsite open space is 204,432 square feet. Deducting the required commercial open space area leaves 177,400 square feet of open space available to account for PUD performance points. Of this total, 140,669 square feet is proposed to have public access, while 36,731 is non-public (Open Space Lots 4, 6, and 7). The total site area is 1,351,559 square feet. Public open space counting toward the required PUD open space is 10.41% of total site area, which equates to 13.01 performance points. Non-public open space area accounts for 2.72% of total site area. Therefore, 15.73 rounded to 15 performance points are accrued for the provision of onsite open space as described in this section. The location of each open space area was planned to integrate seamlessly into the development and to encourage greater use of the onsite outdoor spaces. Throughout the site additional a variety of open spaces have been planned offering wide range of users options to utilize these amenitized spaces. From dog walk areas to the ~1 mile PUD perimeter trail, the open space is meant to be available to more than just the site’s human occupants. The perimeter areas area is also ideal for multimodal transit to and through this site. Taken as a whole, the proposed open space more than meets the needs of employees and visitors to this site. The primary focal point of the PUD is the open space, trail corridor, and skybridge proposed along the Maynard Border Ditch (See Appendix A.8 & Appendix I). The skybridge area will include a tiered system, with a 12-foot-wide trail on the ground and a 10- to 12-foot wide skybridge above. This tiered system will allow pedestrians safe dry passage north and south during winter snow or rainy weather when walking below the skybridge. The skybridge will be accessed via stairs in Open Space Lots 4, 5, and 6, with an elevator in Open Space Lot 5. At 18 feet tall from the ground to the bottom of the decking, the trail will extend over Field Street, Valley Commons, and the alleys. Once on top of the bridge, pedestrians will have a view of the surrounding area and mountains. The lots abutting the skyline bridge trail corridor can offer patio seating adjacent to the surface trail. A half-acre open space lot is planned at the intersection of the skyline bridge trail corridor and Valley Commons Drive. This park like setting will be the perfect venue for events on the lawn in the summer and ice skating in the winter. Another unique open space amenity will be the picnic area planned near the geographic center of the subdivision. Open Space Lot 2 lies at the intersection of Brookfield Avenue and Valley Commons Drive, and is to be developed as a food truck court with space for picnic tables. A paved surface is provided with adjacent roll top curb to allow for easy access of food trucks to this open space area. Staff Evaluation: The proposed open space areas appear to meet the Site’s commercial development requirements. However, in order to qualify for Performance Points, 53 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 47 of 78 Condition No. 16 requires details of these elements with the Final PUD application submittal. 38.230.100. Plan Review Criteria continued 7(f) Lighting; There are no proposed changes to the City’s lighting standards. 7(g) Signage. Deviation 22 would allow business signs on all sides of a building. This is already allowed by UDC Section 38.560. Condition of Approval No. 10, requires the Applicant to submit a Comprehensive Sign Plan with the Final PUD application in order to clarify the UDC sign standards to be applied within the PUD Site and to specify which of those are to be amended. 38.230.100. Plan Review Criteria continued 8. Conformance with environmental and open space objectives set forth in articles 4—6, including: (a) The enhancement of the natural environment; There is no “natural environment” remaining on the Site as it has previously been in agricultural use and for years has been fallow with just an irrigation ditch flowing through the Site. (b) Watercourse and wetland protections and associated wildlife habitats; and Although deemed an “aquatic resource” and “water body” in various sections of the UDC, agricultural irrigation ditches in 38.700.210 are not defined as a watercourse requiring setbacks, although they do require easements for sufficient maintenance or 54 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 48 of 78 inspections, per 38.410.060.D. The subdivision covenants would establish these commitments. 8(c) 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; The closest park is a half-acre Valley Commons Park located approximately 800 feet east of the Site along Fallon Street. The Class I trails required by Condition of Approval No. 3 would facilitate public access to the nearby park. 38.230.100. 9. Conformance with the natural resource protection provisions of article 4 and article 6 There are no “natural resources” located on the Site or proposed for new development. 10. Other related matters, including relevant comment from affected parties On December 29, 2022, one public comment was received. The commenter objected to the 90’ building heights of the PUD as being out of scale with the neighborhood and may require taxpayers to purchase a new Fire ladder truck to service the tall buildings. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming; and There are six lots that do not meet Article 4, Section 38.400.090, Access requirements to have legal and physical access to a public or publicly-accessible street or alley. Those lots are to be restricted to parking use by the Applicant in a recorded deed restriction, must provide legal and physical access on the subdivision plat map, and must be 55 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 49 of 78 similarly limited in the Property Owners’ Association Conditions, Covenants and Restrictions (CC&R) document and per Condition of Approval No. 4. Figure 10: Lots restricted to parking structure use 56 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 50 of 78 38.230.100. 12. Phasing of development Figure 11: Phasing Plan There are 7 phases of development over a 10 to 20-year period, depending upon market demand for the commercial spaces. The Applicant is requesting Concurrent Construction of all on-site and off-site street improvements and public infrastructure needed to accommodate this development. In this way, the lots would be “ready” for development when they are sold. The PUD, as the master site plan, would guide development over each phase of development. Although the application provides detailed drawings of each Block, the Applicant is advised that Community Development is deeming the phases and block drawings as “concept plans” on the scale of a master site plan; no development of a lot is 57 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 51 of 78 “vested” or deemed approved. A subsequent site plan application will be required for each lot to be developed. Conditional Use Permit Review Criteria, Section 38.230.110. E. In addition to the review criteria of section 38.230.100, the review authority shall, in approving a P-PUD as a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The 31-acre Site is large enough to accommodate a development that meets the UMU standards. However, by his choice, the Applicant is ‘filling up” the Site with development and parking such that he states he is not able to meet landscape setbacks, landscape buffers or trash enclosure screening requirements. The purpose of this PUD application is to seek deviations from UDC requirements to allow greater building heights, greater or lesser parking, less landscaping and a greater mix of land uses as principal uses within the development that would produce a superior environment in function and character. Likewise, the purpose of the PUD legislation is to offer greater flexibility to develop properties while exempting them from certain City standards. Although the PUD Site is heavily designed and programmed and requires deviations and relaxations of UDU and other UDC standards, the 31-acres is generally an adequate size to accommodate this development and, therefore, satisfies this criterion. It is noted that the P-PUD, as a master plan, provides a concept of development of the Site. Lesser development of each lot would be allowed as each site plan is submitted for review and approval. 2. That 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; The land uses proposed in the PUD relaxations are not expected to be out of character with commercial land uses in the area. The structures, at 87’ or 90’ in height, would be taller than buildings in the area. Although highly visible, there is no zoning protection of an existing “viewscape” by an adjacent property versus a new viewscape with taller buildings blocking distant vistas. The viewscape of distant mountains does not come with purchase of a property unless, prior to development, the “air space” is purchased by the interested neighboring property owner. The PUD’s Deviation 4, allowing buildings up to 90’ in height throughout the PUD Site, is not expected to have a “material adverse effect” on abutting properties, most of which are zoned commercial (B-2) or mixed-use (R-O) residential and commercial. The development opportunities of those properties would be unchanged. 58 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 52 of 78 Section 38.230.110 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. Conditions of Approval 1 through 16 are deemed necessary to (1) protect the public health, safety, and general welfare of the community; (2) to clarify provisions of the PUD deviations to assist in enforcement measures; (3) to mitigate potential safety impacts or concerns associated with approved or granted deviations; and (4) ensure that the PUD meets the criterion to provide a superior product or outcome over that which would occur under the applicable UDC standard.. As a reminder, the two requested deviations that staff does not support are:  Deviation No. 5 which seeks to create 6 parking garage lots without legal and physical access to a public street or alley [this is not permitted by State Statute]; and  Deviation No. 18 which seeks to allow a trash enclosure on Block 4 to not be screened from view from Huffine Lane on its two sides [this does not provide a superior outcome]. 59 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 53 of 78 Section 38.230.110 F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. All of the conditions shall constitute restrictions running with the land use, apply and be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process. Conditions 4, 7, 8, 10, 11, 13, 14, 15 and 16 are related to this issue. Planned Unit Development Review Criteria, Section 38.430.090.E. The application presents the Applicant’s response to these criteria. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a. All development. All land uses within a proposed planned unit development must comply with the applicable objectives and criteria of the mandatory "all development" group. (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? The following PUD designs do not comply with City design standards for pedestrian trails and walkways and, therefore, the Applicant requests these deviations and waivers.  Deviation 11 allows buildings to be built to the lot lines along the Landscape Block Frontage (BF) areas which eliminates the 10’ landscaped buffer between the street right-of-way (ROW) and the building façade;  Deviation 12 allows for a waiver from the minimum 10’ landscape buffer between the street and the Block 3 parking lot; 60 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 54 of 78  Deviation 13 allows for a waiver from placing a landscaped private porch, patio space and/or pedestrian-oriented space between the street and the building;  Deviation 14 waives the 25’ landscaped setback from the property line along the Gateway Block Frontage and allows buildings to be built to the property lines;  Deviation 15 allows buildings to be built to the edge of trails, easements and property lines rather than be setback 20’;  Deviation 16 waives the requirement for “foundation plantings” (3’ landscaping against the building façade) where sidewalks or pedestrian pathways border a building; and  Deviation 17 waives the requirement that sidewalks must be a minimum of 12’ wide along buildings of 100’ feet in length or more and that abut parking lots Deviation 26 does not comply with City design standards for water, sanitary sewer and storm sewer systems. The Applicant seeks alternate water, sewer and storm water facility locations. This deviation would be evaluated by the Director of Transportation and Engineering. The PUD would waive landscaped setbacks from property lines for all buildings and, particularly, for the 64’ tall and 90’ tall buildings. The concept site plans and concept landscape plans show sidewalks and trees within the sidewalk. Figure 12: Block 7 Valley Commons Drive streetscape Building footprint 61 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 55 of 78 Applicant’s Justification Deviation 9. The Applicant is requesting to reclassify the external Storefront streets to the block frontage standard “Other” using the Community Design Framework Master Plan UDC 38.510.030.L. “The Applicant is requesting a relaxation to invoke the Community Design Framework Master Plan to reclassify the external streets (Resort Drive, Fallon Street and Ferguson Avenue) block frontage from Storefront to Other. These streets were originally designed prior to the formulation of any design intent for this project. Since that time our design intent has changed to draw people into the center of the district and to create a walkable district within our site. The current Storefront Block Frontage standards require the opposite of our design philosophy in that they want buildings fronting the external streets and parking lots interior to the site. When looking at the site as a whole it become very difficult to create a walkable district along the perimeter streets due to the sheer length of frontage. When you focus development on this site inward it allows for buildings to be closer together and thus creating a more walkable mixed use area. As a result of this the parking lots are required to be located on the outside of the site which isn't currently allowed on the storefront block frontage. We believe that reclassifying these block frontages as “Other” will allow for a more walkable, human scaled design.“ “Reclassifying the Block Frontage to “Other” allows for the parking lots to be adjacent to the street when they are adequately screened. This reclassification would allow us to realize our design vision of creating a mixed-use district. The parking lots that border the external streets would be designed to incorporate adequate screening as required in the “Other” block frontage standards.” “Finally, this proposed change meets the criteria for change outlined in 38.510.030.L. The site has been configured with the pedestrians in mind. The main principal is to pull people into the center of the site toward Valley Center Drive. Valley Center will act as the Main street for this project. Another reason why we choose this center main street approach is the large nature of the site. With the Storefront Block frontage on the exterior of the site it makes a really unwalkable environment because of the long distances one would have to travel to get from business to business. Additionally these road are major throughfares through town and don’t offer a pleasant pedestrian experience. Additionally, the design regulations and the community plan look to show that our project will be more successful and a better community asset if these block frontages are reclassified. The design regulations require a specific level of detail and finish to make this buildings nice on all sides. The regulations also require that that the buildings meet the setbacks and block frontage standards for each lot.” Staff Evaluation: The UDC Block Frontage Section 38.510.030.L, Community Design Framework Master Plan, allows the Applicant to request a change to the existing Storefront Block Frontage designation for the streets bordering the Site—Fallon Street, Ferguson Drive, Huffine Lane and Resort Drive. The Applicant submits this P-PUD as the Community Design Framework Master Plan for the Site to change the Storefront Block Frontage (BF) designations for those bordering streets to an “Other” Block Frontage designation. The main 62 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 56 of 78 new east-west internal street, Valley Commons Drive, would be designated a Storefront BF. All other internal streets would be designated as Landscape BF (see Figure 9). Staff finds that this P-PUD meets the design standards and criteria for a Community Design Framework Master Plan which supports the change in BF designations for this Site. Therefore, the request is not actually a deviation but is a request for approval of the change in BF designations per the master plan. Staff supports this request. Deviation 10. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow surface parking up to 100% of the street frontage. “Justification: The Applicant is requesting a relaxation to waiver the requirements for the location of parking to allow for parking lots to front 100% adjacent to the street. We believe that with proposed landscaping around each of the parking lots the visual impact of them will be greatly reduced. We believe the intent of limiting the parking to a percentage of the frontage is to control the visual impact of the parking. We believe that the added landscaping will effectively mitigate that concern.” Staff Evaluation: The Community Development Board recommends denial of this deviation from the Landscape Block Frontage requirement that no more than 50% of a lot’s street frontage shall be devoted to surface parking. The Board discussion notes that such a vast amount of surface parking is an inefficient use of land and parking above the ground floor is a more efficient use of the Site and lots within the Site. The Board also expressed a concern that surface parking along the street frontage of the proposed 72 lots on this 31-acre Site reduces the “walkability” of the Site and reduces the overall coherence of the development for its users. The Board Members commented that this deviation does not appear to provide a superior result than the UDC standard requiring a 10-foot wide landscaped buffer between surface parking on the lot and the street and surface parking may not exceed 50% of the lot’s street frontage if the street is designated a Landscape Block Frontage. Therefore, the CDB opines that it does not meet the criteria for granting the deviation per UDC 38.430.030.A.4.c nor does it promote the public health, safety and general welfare of the City’s residents, workers and visitors or of the Site’s workers and visitors. Staff does not share the opinion of the CDB and continues to find that Deviation 10 meets PUD criteria for approval. It is noted that proposed Deviation No. 19 would exempt individual development site’s, consisting of one or more lots, from a minimum or maximum parking requirement. The Applicant has stated that parking would be shared in common with all tenants of all developments within the PUD Site with the exception of lots that are developed as structured garages. Under Deviation 19, some lots or development sites would be allowed to be built without any on-site parking. 63 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 57 of 78 Deviation 11. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow buildings to be placed to the edge of the property lines. “Justification: The Applicant is requesting to be exempt from the Landscaping block frontage building placement standards. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. All lots have been drawn to incorporate a 10’ landscaping buffer from the front of the building to the back of the sidewalk. Additionally, this shifts the maintenance responsibility from the Property Owner to the HOA. This will ensure that all landscaping will be maintained and have a cohesive feel. All lots will still have a landscape buffer between the back of the sidewalk and the front of the building.” Deviation 12. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow for a reduction in the minimum 10’ landscape buffer between the street and off- street parking areas for block 3 (Hotel & Parking lot). “Justification: the Applicant is requesting a 4’ reduction in the required 10’ landscape buffer to screen parking lots. This location is bound on both sides by road ways that line with other access points or are fixed by access distance standards. This finite space makes it challenging to balance the need to screen the parking and also provide parking. We believe that this 4’ reduction will allow both goals to be achieved. We can still adequately screen the parking lot in the 6’ landscaping strip and also not lose any parking. Additionally, in several locations where we need this reduction, the addition of personal garages in the middle will also help break up the visual scale of the parking lot. These garages will, visually, cut the parking lot in half and will create a denser environment. We believe that this area will feel dense with the provided landscaping and the garages and will force driver to slow down. This result will create a safer pedestrian and driver experience. If this relaxation cannot be supported we would request that this be added as a condition of approval as it will require significant redesign work that will causes us to miss the tight adequacy window. Deviation 13. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: The area between the street and building must be landscaped, have a private porch or patio space, and/or pedestrian oriented space. “Justification: The Applicant is requesting a relaxation to exempt block 7 from requiring landscaping between the Valley Commons Drive and the building on the east and west side. Block 7 is envisioned as a one of the commercial hubs within the district. The intention for this area is to have a dense urban feel. The Applicant is committed to providing trees and benches in the 10’ sidewalk to help with visual interest at the pedestrian and motorist scale. We imagine these two sections (along Ravalli and Brookfield) will have a similar feel to say the downtown Co-Op building along South Black Avenue. The street will be activated with the street trees, benches and bike racks and the buildings will likely have great architectural detailing and glazing. We believe that these street trees and streetscape improvements will further the identity of our project, truly making this a district. 64 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 58 of 78 All other landscape block frontages will have a 10’ landscaped buffer between the lot line and the back of the sidewalk. This is built into the plan because of the way the lot lines are drawn. The intention for drawing the lot lines that way allows for all the maintenance and upkeep to be controlled by the HOA. This will allow for the district to have a very cohesive feel. While the HOA will maintain these landscaping buffers, the landscaping will be installed when each individual lot owners goes through the site planning process.” Deviation 14. Code Reference Table 38.510.030.E - Gateway Frontage: Allow buildings to be built to the property lines. “Justification: The Applicant is requesting to be exempt from the gateway block frontage building placement standards. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. Exempting these buildings from the building placement standards shifts all of the landscaping and open space maintenance onto the HOA, which intern ensures that it is kept in a nice condition. The Gateway standards require a minimum building setback of 25’. All of our proposed buildings are currently separated from Huffine Lane by an open space tract of land that is 47’ wide. This 47’ strip of open space is almost double the required building placement standard.” Deviation 15. Code Reference Table 38.510.030.I - Block Frontages - Trail/Park Frontages: Be allowed to place buildings to the edge of the trail, easements and property lines. “Justification: The Applicant is seeking an exemption to the required setback from a trail, easement or property line. The Applicant team is seeking to place buildings up to the edge of the trail easement and property line. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. Additionally allowing buildings to be built to the property line will help with the creation of a unique district similarly to what is seen around the country near rivers. A successful example of this occurs, in Reno, Nevada (Reno River Walk) where several businesses front along the Truckee river creating this unique walkable district. In that district pedestrians are able to walk along the river for miles where they are able to interact with nature in certain locations and also frequent businesses. We believe that allowing building to be placed at the edge of the easement will allow for a creative and innovate approach to commercial development. It will prioritize the pedestrian over the car and will create a much safer and vibrant district.” Deviation 16. Code Reference 38.520.040.D.3 - Pathway Design: Eliminate pathway separation standard. “Justification: The Applicant is requesting a relaxation to place buildings up to the edge of sidewalks thereby eliminating the pathway separation standard of the UDC. We believe that the intent of that standard is to enhance the overall character of the walkway. We believe that this overall dense nature of this district will create character for these walkways. In looking around town at the other dense commercial districts this standard does little to create character. The character of the pathways is defined by the architecture and the street furniture placed along the road. We believe that the architecture and 65 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 59 of 78 dense nature of the commercial district will create enough character for the pathways. Furthermore the 3’ of landscaping will likely be a waste of space when trying to create a dense environment. Additionally, it would be challenging to get enough light for landscaping to survive on pathways along the north side of the buildings. If this relaxation cannot be supported we would request that this be added as a condition of approval as it will require signification redesign work that will causes us to miss the tight adequacy window.” Deviation 17. Code Reference 38.520.040.D.4 - Pathway Design: Provide sidewalks of less than 12-feet in width. “Justification: The Applicant is requesting a relaxation to modify the sidewalk width for multi-tenant commercial buildings larger than 100’ abutting a parking lot. This request is specifically tied to block 7 and 8. The current pathways are drawn at 10’ which matches and the current Ferguson Farm I. The way these lot are drawn, it is possible that a potential buy would purchase all of the lots in this block and building a single large building, which could result in a building being over 100’ long. For these 2 blocks the 10’ pathway is envisioned to be the rear of the building. The main entrance would have a 18’ wide sidewalk. We believe the intent of this standard is to apply to larger strip mall style developments, where several buildings are located on the same site only connected by parking lots and drive isles. In the case of block 7 and 8 each lot would have a primary entrance facing Valley Commons Drive. We believe that 10’ is more than ample width for a secondary entrance abutting a parking lot. Finally, just to reiterate, it is the intention to match the pathway width already constructed at Ferguson Farm I.” Staff Evaluation: Except for those standards proposed for deviation or waivers, and those subject to staff-recommended conditions of approval to mitigate potential adverse impacts to the City or vicinity, the application conforms to remaining applicable UDC PUD criteria and standards. Section 38.430.090.E (2) Does the project preserve or replace existing natural vegetation? Staff Evaluation: Partially. The project requires relocation of the agricultural irrigation ditch that transects the Site in a north-south orientation. Existing trees, shrubs and grasses along the water’s edge would be removed. The new location of the ditch would be landscaped per the concept landscape plan. The Class I trails along Ferguson and Huffine frontages of the Site would be enlarged from 8’ to 10’ rather than the Class I trail standard of 12’ width. However, the grasses that border those paved trails, and their replacement “native species” grasses, are not deemed “natural vegetation”. The PUD concept landscape plan shows landscaping, including trees, along pedestrian corridors and within the substantial number of surface parking lots. The concept landscape plan shows landscaping along street corridors, common parking lots and open space areas. 66 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 60 of 78 (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? Staff Evaluation: Perhaps. The Applicant proposes a 7-phased PUD development and asks that all phases be approved simultaneously with the PUD pursuant to UDC 38.430.070. To request this phased approval, the Applicant has provided detailed “concept plans” for each Block and Lot within the PUD Site. The Applicant is seeking waivers from setbacks, landscaping and, even, trash enclosure screening in order to “fit” the development within the 31-acre Site. Nonetheless, the August 24, 2022 revised PUD phasing plan proposal appears cohesive and has a variety of coordinating elements ranging from design standards to physical site, circulation, open space and landscape designs. The UDC waivers and deviations affecting the Site’s cohesiveness and organization are noted below along with the Applicant’s justifications for each. Deviation 1: Allow convenience uses, sales of alcohol for on-premise consumption, outdoor sale of goods in common open space areas, and allow food courts within common open space areas as principle uses. These uses are new uses to the UMU District as principal uses and are added to the PUD to support both indoor and outdoor food service and entertainment venues within the Site. Applicant’s Justification: “UDC Table 38.310.040.A requires a Conditional Use Permit for convenience uses, and a Special Use Permit for sales of alcohol for on-premises consumption uses within the Urban Mixed-Use District (UMU). The Applicant is requesting these uses be designated as Principal uses within the PUD boundaries. The overall intention of this project is to create a mixed-use district that draws and retains customers for multiple purposes. The Community Plan indicates a way to bolster districts around town to encourage more mixed use developments. We believe that adding these uses by right will help further this goal of creating. Furthermore this project is within the Community Commercial Mixed Use Future Land Use Category, which stresses that, “Mixed use area should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use.” These additional uses are fundamental to the creation of this district. When you look at similar thriving districts (Cannery District, Downtown, North East Neighborhood, and Ferguson Farm) the majority of them all share similar uses. Furthermore, in terms of compatibility of adjacent uses, none of the proposed additional uses will negatively impact another use. We believe that the inclusion of these uses will in fact help in the creation of a vibrant district.” Deviation 2: The UMU zone requires a mix of uses and a minimum of two different uses within each site plan. The Applicant seeks a waiver from this standard of 38.310.050.B to allow a single use, such as a wholly office or retail building on a specific lot. 67 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 61 of 78 Applicant’s Justification: “The Applicant requests that the entire development be exempt from requirements that two different user groups of uses must be shown within each site plan. We believe the intention of this standard is require a mix of uses across a site. This site is unique in that it is much larger than your typical lot going through the site plan process. The intention for this project to have a wide range of compatible uses across the entire site. Furthermore, it is envisioned that lots will be sold and each individual owner will be required to go through the site planning process for their project. In doing this each owner would be required to demonstrate that there is a mix of uses within each building. We believe the intention for this standard will be met across the whole site over the life of the project. Adding this flexibility to each lot allows for the possibility of a single anchor tenant to come to the site. We believe that as a whole this project will have a variety of uses similar to Ferguson Farm II and it will be vital to the success of the district. That said the added flexibility allows for the creation of this district to happen organically.” Deviation 3: Within the UMU zone, no use group may exceed 70% of the total gross floor area of the Site. “Justification: Similarly, to the relaxation above the Applicant is requesting a relaxation to allow the calculation of use groups percentage be over the total project area and not on an individual site by site basis. Allowing this to happen will allow flexibility in how each lot is developed. By our square footage estimates no single use would be any where close to the 70% threshold but by relaxing this requirement will allow for flexibility in how each site is developed, which ultimately will allow for this mixed use environment to occur naturally.” Deviation 4: Increase the maximum building height from 60’ to 90’ throughout the PUD Site. “Justification: Maximum allowable building height within the Urban Mixed-Use District is 60’ for buildings that do not provide structured parking, or 85’ for those when structured parking is present and provided per UDC Section 38.330.040.E.2 (please note, this reference standard does not appear related to this note for height expectations within UMU zones). The Applicant is requesting that the maximum allowed building height for this project be 90’ feet regardless of the presence of structured parking. This increase in allowable height offers opportunities for creative site design, a broader mix of uses and increased density. Additionally, the added height and density will ensure that the more commercial uses in nature will further the design objective of creating a district. By increasing the height and density it will allow for the creation of a more walkable district that can support the residents of this project but also the residents of adjacent neighborhoods. Goal DCD—2.4 of the Community Plan states, “Evaluate revisions to maximum building heights limits in all zoning districts to account for contemporary building methods and building code changes.” in several locations the Community Plan indicates both directly and indirectly that added height (with good transitions) is better for creating walkable, more sustainable districts.” [Note: there are no residents of this “project”] Deviation 5: Allow six lots dedicated to parking structures and located within parking lots to not have legal and physical access to a public street, approved private street or alley (see Figure 10 on page 48). 68 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 62 of 78 “Justification: The Applicant is proposing to construct a bank of garages in Blocks 3, 6, 7, and 8. These garages will be available (to be purchased) for property owners or building tenants within the development, and each garage is envisioned to be able to provide the possibility to utilize mechanical automobile lifts to allow for additional garage parking. As shown on the Preliminary Plat and Preliminary PUD Plan, Block 3, Lots 1B & 1C; Block 6, Lot 4; Block 7 Lots 1B & 1C; and Block 8, Lot 1B do not meet the access requirements of the UDC. A relaxation to this standard is requested to allow for these lots to be plated without meeting the legal and physical access standards. There is a public access easement across the parking lots allowing the potential owners of those lots to have both legal and physical access to the garages. These lots will be deed restricted as required by the City of Bozeman.” “These lots will only be used for the creation of garages, and therefore traditional access standards are not necessary for these structures. Once these lots and the adjacent lots are developed, these garages will be served by access drives within developed parking lots, which will ensure drive access is provided in some manner to these buildings.” “The creation of these lots and ultimately the construction of these garages will help break up these parking lots and create a more urban environment. The garages themselves will also act as a traffic calming measure in the parking lots due to the height and narrowing effect. The addition of these garages will also promote pedestrian safety because it will force pedestrians to walk to a designated pathway instead of cutting through the parking lot spaces. A similar idea was implemented in the parking lot of the Jacobs Crossing building on Main Street.” Staff Evaluation: As noted above on page 8 of Unresolved Issues, State Statute requires all lots to have legal and physical access to a public or publicly-accessible street or alley. This deviation cannot be granted. Deviation 6: Allow back-in angle parking along all internal streets and alleys. Justification: The Applicant is requesting to utilize back in angled parking for Valley Commons Drive, Brookfield Avenue and along the Alleys. The Traffic Impact Study indicates this type of angled parking will provide additional traffic calming and it further identifies successful examples of back-in angled parking in the right of way. Furthermore, the Applicant has agreed to sign a maintenance agreement and put a note on the plat identifying that the HOA is required to maintain the back in angled parking areas. Finally, all transition curb radii are 25’. [Note: This is not a zoning standard and must be evaluated and addressed by the Transportation and Engineering Department.] Deviation 7: 38.510.020.F, Multiple Frontages. When a lot or building fronts onto multiple block frontages or internal frontage designations, each building must comply with the standards for the block frontage upon which it is located such as building setbacks, entrances facing the street, and windows and other transparencies. This deviation would waive the requirement that the building(s) have an entrance facing each street. “Justification: The Applicant is requesting that buildings not be required to meet the requirements of 69 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 63 of 78 subsection 4 which requires buildings to be placed at the corner of an intersection and present a front and primary façade to both street frontages. There are a few locations where we proposed public open space at the street corners. The design intent with these public open spaces was to create a small gathering space for people to stop sit at. The way the street intersects in these locations create really awkward triangle pieces of land. Rather than expand the overall building footprint we thought this would be a great spot for some placemaking. These inviting landscaped areas will enhance the overall feel of the intersection and will offer some green space in this dense urban environment. We believe that these small placemaking efforts will help in the creation of a unique vibrant district. We believe that this area would function similarly to Sir Optimist Park but on a different scale.” Deviation 8: 38.510.020.F, Multiple frontage lots. Each building on a lot must “address” (have an entrance on and primary façade treatments on) each street frontage. Surface parking adjacent to a street corner is not allowed. “Justification: The Applicant is requesting an exemption to subsection 7, which would allow for the placement of surface parking adjacent to a street corner. Subsection 7 allows for parking lots to be adjacent to the street corner if there is a combination of block frontages and if the Applicant can demonstrate that they are adequately satisfying the departure criteria. We believe that there will be adequate landscaping surrounding the parking lots reducing the visual impact of the parking lot. The exterior parking lots are planned to be screened via a variety of trees and shrubs. We believe that the visual impact of the parking lot will be fairly minimal given the significant landscaping proposed.” Deviation 18: exempt trash enclosures from the minimum 5 feet landscape screening requirement for all four sides (see Figure 13 below). “Justification: The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots and pathways. The refuse areas on Block 4, Lot 4 does not meet the minimum width of landscape screening on all sides. The proposed refuse collection areas have been located where they will be easily accessible for trash pickup; support the surrounding uses; and far enough from buildings to not be noticeable. The trash enclosures will be fully enclosed, covered and will include adjacent landscaping where possible. For Block 4, Lot 4 there will be landscaping on 1 of the 3 sides. We believe that this trash enclosure will be adequately screened from Huffine lane due to the adjacent buildings as well as the landscaping proposed behind the dumpster. This dumpster will also be enclosed in the required enclosure virtually screening the dumpster from all sides. Please see the landscape plans for demonstration of how this dumpster will be adequately screened. We believe that the intent of this standard to minimize the visual impact that dumpsters can have on a site design. We believe that this standard is achieved by creating a home for the dumpsters to live in. If this relaxation cannot be supported we would request that this be added as a condition of approval as that dumpster is not pivotal to the design of this project and can be removed prior to final PUD and Plat.” Staff Evaluation: The rear of the trash enclosure is placed at the lot line of Lot 4, Block 4 and is visible from the Gateway Block Frontage area of Huffine Lane. There is no assurance that 70 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 64 of 78 buildings would be situated to screen this trash enclosure from view from Huffine Lane. Staff does not support this deviation; please see Condition of Approval No. 6. Figure 13: Proposed trash enclosure screening per Deviation No. 18 Section 38.430.090.E (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? Deviation No. 19: Waiver of the minimum and maximum parking requirement of the UMU District’s 38.330.010.F 1 and Table 38.540.050-3 for all uses within the PUD. “Justification: The Applicant is requested a 100% relaxation to the City’s of street parking requirements. The relaxation request would allow the PUD to self-regulate uses based on parking demand and the PUD offers 660 off street parking spaces within the surface parking lots and 175 on street parking spaces for a total of 835 spaces available. While the precise uses for this project are TBD, the total square footage potential shown in the 3-D exhibit is approximately 894,177 sf. This includes: 135,464 sf - Retail, Restaurant, Commercial, Bar 246,081 sf - Office 368,072 sf - Hotel and Hotel Units 95,200 sf - Medical 27,235 - Structured Parking 22,125 sf - Garage Condo Units Parking required for this project would be approximately 1555 spaces, (after reductions for adjacency to transit routes, adjacency to Storefront Block Frontages, and joint use reductions of 30% as specified in the TIS). Additional details on the parking assumptions are included in the overall project narrative. Total trail 71 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 65 of 78 parking provided for this project is 883 total spaces, and includes on street parking and the pro-posed garages (one space per garage). Parking minimums often have dramatic impacts on the way we plan projects and are often not based on any science. We believe that not requiring a parking minimum allow us to provide parking based on what we believe the demand will be. As we know, the demand for current and future parking is shifting throughout Bozeman with services like Uber and Lyft, the expansion of Streamline services, and the vast network of active transportation pathways. Exempting Ferguson Farm II from parking requirement will also further several goals and policies of the community plan including: M-1.12- Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. DCD-3.6 - Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Theme 3 - A City is bolstered by downtown and complementary districts. Our city is bolstered by our downtown, midtown, university and other commercial districts and neighborhood centers that are characterized by higher densities and intensities of use. Ferguson Farm II is located within the Cottonwood district and is in a prime location for infill development. Infill development can reduce the demand on the transportation network by creating employment opportunities near residential neighborhoods. Encouraging infill development also improves the efficiency of public services and reduces the outward expansion of the city. Specifically, the efficiency of the use of land within our district will increase with the reduction of the amount of on-site parking spaces. Allowing this relaxation will allow for greater flexibility for Ferguson Farm II and it reflects best practices in the provision of parking by allowing property owners to building only the number of parking spaces needed to meet parking demand.” Deviation 20: Waive the 38.540.050.A.4.b requirement that bicycle parking be located within 100 feet from the building to which they serve. “Justification: The Applicant is requesting a relaxation to exempt this project from the bicycle parking location standards. The Applicant has strategically placed the bike parking throughout the project but rather than have each building provide its own bike parking we are proposing to have it in centrally located locations. Exempting from this requirement will ensure that the HOA maintains keeps in working order these bike parking areas. We envision the bike parking areas to function similarly to how the downtown blue bike parking works in the summer. These logical locations for bike parking help to ensure pedestrian safety and limit the number of bikes on busy pedestrian and vehicle travel ways. Furthermore, several sidewalks have been strategically drawn to accompany a bike rack, bench and tree.” Staff Evaluation: This request for bike rack location does not include an exemption or waiver from the UMU District Section 38.330.010.F.3 requirement that 50% of the bicycle parking provided within the PUD be covered; that requirement remains. The Applicant stated to the Community Development Board at their meeting of December 5th that bicycle parking would 72 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 66 of 78 be placed along the internal streets. Condition of Approval No. 14 would require these locations to be shown on the Final PUD landscape plan application. Deviation 21: Waive the requirement for loading zones within the PUD Site per 38.540.080. “Justification: The Applicant is asking to not provide for loading berths for individual buildings. Should loading berths be necessary to serve the development, the Applicant will propose such berths during future Site Plans. The alleys are designed to be 26’ wide and have back-in angle parking. We believe there is adequate room for a lot or building to take deliveries off the alley and not disrupt the district.” In order to ensure that deliveries to the site will not impact site circulation or traffic, the Applicant will be willing to include in the CCRs that deliveries would only be allowed overnight or during appropriate off hours. Furthermore, the Applicant is willing to restrict parking in those back-in angle spots along the allow to not allow overnight parking, allowing larger trucks a spot to pull off the travel lane and conduct their delivery.” [Note: Since the August 24, 2022 revised PUD application, the Applicant has withdrawn the mitigation described in the strike-through text above.] Deviation 22: Allow signs on all visible sides of the building, not just street frontage facades, allowing wall signs on walls adjacent to streets, interior pedestrian walkways, alleys, parking lots and open space lots. “Justification: The Applicant is requesting a relaxation to allow signage to be visible on all sides of buildings not just the street frontages. One of the main themes in the Community Plan indicates Bozeman is bolstered by its downtown and the supporting districts and signage plays an important role in creating and defining a district. We believe that allowing signage on all sides of buildings will help create this unique vibrant district. Allowing signage on all sides of the buildings can used as enhanced placemaking opportunities. Examples of this can be found in the alleys of downtown Fort Collins, or the River Walk District in Reno. Furthermore, the Bozeman Downtown Plan documented the importance of activating spaces along alleys and one way to achieve this was through signage. We believe this relaxation will allow us to further our vision for this district and truly create a unique district in Bozeman. Due to the unique nature of our project we believe that people will be accessing each building from all sides which makes signage very important. Signage on all sides of the building has potential for better building façade design. With more room to allocate the allowed signage allows for better sign placement without creating visual pollution. Additionally, we are not requesting the allowance to allocate more signage per building so there will potentially be less signage on each side of the building reducing any visual concerns. Signage on all sides of the building will play a huge part in creating this unique place.” Staff Evaluation: Allowing signs to be placed on all sides of a building is already allowed by UDC Section 38.560. In order to clarify signage standards for this PUD Site, a Comprehensive Sign Plan is required per Condition of Approval No. 10 to be submitted with the Final PUD application and shall be approved with the Final PUD.] 73 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 67 of 78 Deviation 23: Allow alternate street and road right-of-way width and construction standards. Deviation 24: Allow alternate street section designs. Deviation 25: Allow 8’ wide Class I shared use path along the Fallon Street and Resort Drive alignments instead of the standard 12’ wide. Deviation 26: Allow alternate water, sewer and stormwater facility locations. [Note: Deviations 23 through 26 must be evaluated and addressed by the Director of Transportation and Engineering prior to Final PUD approval. There was no objection by the Director and, therefore, the deviations may be approved by the Commission.] Applicant justifications: The Applicant is requesting to vary from the standard ROW widths. “Justification: The Applicant requests the relaxation from standard Right-of-way widths to accommodate the reverse crown street drainage and angled-in parking. The variable right-of-way widths are also designed to accommodate the variable sidewalk widths and street trees along storefront (north side of Valley Commons Drive) block frontages. Additionally, the Applicant is requesting to utilize a reverse crown cross section for all roadways within this project. A reverse crown cross section has been proven to be a good design with examples of Ferguson Farm I and also in Grand Lake Colorado. The intention is to provide positive drainage away from the sidewalk and parking areas. This creates safer and more walkable conditions especially in the spring months. “In summary, the required ROW width is 60 feet for Local Streets. The proposed ROW widths all meet or exceed this requirement with the one exception of Ravelli Street, which has a 51-foot-wide ROW. It should also be noted that the proposed ROW widths have been reviewed and deemed acceptable by the City Engineering Department.” The Applicant is requesting to vary from the standard Street Section design. “Justification: The alternate street sections proposed throughout the subdivision are designed to provide enhance drainage to the center valley gutter and allow water to flow out of the angled back-in parking. The variable sidewalk widths and boulevards are designed to promote the walkability of the development while meeting the City of Bozeman’s requirements for parking screening and block frontages. Additionally, the reverse crown drainage of the road is designed to be similar to the commercial development west of the property – Ferguson Farm. It is intended to provide a more contiguous feel between the development and promote walkability and internal capture rates for traffic within the development.” Application is requesting to vary the shared use path width proposed along Fallon Street and Resort Drive to match existing trails across the street. “Justification: This relaxation has been requested to provide a more contiguous feel with the adjacent developments. The existing shared use paths along Resort and Fallon are currently paved at an 8-foot 74 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 68 of 78 width. The intent is to provide the shared use paths without creating awkward and unnecessary transitions and promote the overall walkability from surrounding developments. Additionally, this 8’ wide path will match what is existing across the street. Finally, we have request that the block frontage on these street be reclassified to “other” through a PUD Relaxation. In the Block Frontage Other, the required sidewalk width is 6’. On November 29th, the Applicant team met with the engineering department to go over their comments in that meeting it was agreed that Resort and Fallon could match the 8’ pathway on the other side of the street and the pathway along Ferguson would be widen to 10’ with the ability to make it wider. If required a 12’ pathway is now required by the engineering department we would request that this be a condition of approval. “ Municipal water, sanitary sewer and storm sewer systems. Proposing alternate water, sewer, and storm locations. “Justification: The alternate locations of the proposed utilities is required to accommodate the alternative storm sewer locations as a result of the reverse crown street section. Although the layout of the water, sewer, and storm mains is somewhat unconventional, all the design standards are still met and 11 feet of separation between mains is maintained. It should also be noted that the proposed utility configuration has been reviewed and deemed acceptable by the City Engineering Department.” [It is also noted that the design and arrangement of the lots and streets do not address energy use or reduction of energy use by the project. The substantial amount of surface parking would result in a “heat island” effect. The placement of shade trees, as noted in Condition of Approval No. 5, would partially mitigate such heat island impacts to parking lot users. The Street network within the Site would be integrated into the existing and developing surrounding pedestrian and bicycle network which will enable travel for nearby residents without motor vehicles.] Staff Evaluation: The numerous surface parking lots produce a design that does not contribute to the overall reduction of energy use by the project. However, with the recommended Conditions of Approval and UDC code provisions for the Final PUD submittal, particularly Condition No. 5 addressing the heat island effect of the multiple paved parking lots, the proposed design would produce a more comfortable, safer and marginally less energy consumptive project. Section 38.430.090.E (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Staff Evaluation: There are no residential uses proposed for this PUD although they are permitted by the UDU zoning. The PUD does not seek a waiver from the 38.510.030.J Special 75 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 69 of 78 Residential Block Frontage Standards that assure privacy, safety and security for any ground floor dwelling unit that may, in the future, be provided within the PUD Site. (6) Park land. 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 park land or open space been provided for each proposed dwelling as required by section 38.420.020? Staff Evaluation: Commercial development is not required to provide parkland. No parkland is proposed with this development. The open space areas shown in Figure 6 appear to be spread out throughout the Site to be enjoyed by visitors, customers and employees of the Site. Section 38.430.090.E (7) Performance. All PUDs must earn at least 20 performance points. With a PUD, Section 38.430.090.E.2.a. (7) requires at least 20 performance points for the subject property. There are 11 options provided in the Unified Development Code (UDC) to meet this requirement. The Preliminary PUD must specify how the performance points are being met. The Applicant provides the following details on how the performance points are met for this P-PUD. 76 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 70 of 78 Section 38.430.090.E (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Staff Evaluation: The application proposes to expand an existing Ferguson Farm I (FF-I) located immediately west of the Site. That commercial development and this proposed PUD development will be heavily automobile dependent. The proposed development focuses commercial development interior to the Site with surface parking lots bordering the Site along public street frontages. This design does not facilitate integration into adjacent neighborhoods nor does it improve connectivity and integration into the community. Table 2 77 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 71 of 78 38.430.090.E.e. Mixed Use. Planned unit developments in mixed-use areas (REMU, UMU, and NEHMU zoning districts) may include commercial, light industrial, residential and mixes of various primary and accessory uses. The particular types or combination of uses are determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project substantially consistent with the intent and purpose statements for the underlying zoning district? Staff Evaluation: Yes, The UMU district requires mixed uses but does not require housing to be one of the uses within the mix. The PUD proposes a mix of non-residential uses, primarily office, retail and food service uses similar to that found in Ferguson Farms I (FF-I). (2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequate access to the site? Staff Evaluation: The project lies at the intersections of Huffine Lane and Ferguson Avenue, at Ferguson Avenue and Fallon Street, at Fallon Street and Resort Drive, and at Resort Drive and Huffine Lane. Huffine Lane is a principal arterial, Ferguson Avenue is a collector, and both Fallon and Resort are local streets. The Applicant requests deviations to street designs which would be evaluated by the Director of Transportation and Engineering. Section 38.430.090.E.e (3) Is the project on at least two acres of land? Yes, the Site is 31 acres. (4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, streetscape, etc.? Staff Evaluation: Yes, with the conditions of approval. (5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for the underlying district? Staff Evaluation: Yes, the minimum floor area ratio (FAR) for the UMU zone is 0.50 and the 900,000 gross square feet of commercial space on the 31-acre Site results in a FAR of 0.66. (6) Is it compatible with and does it reflect the unique character of the surrounding area? Staff Evaluation: Yes and no. The PUD is intended to reflect the commercial use “character” of Ferguson Farms I (FF-I) located immediately west of the Site. The FF-II proposed 78 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 72 of 78 “expansion” of FF-I would solidify that character. However, Deviation No. 4 would allow building heights of up to 90’ throughout the Site. This scale would not reflect the one-to three-story scale of the neighborhood. (7) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? Staff Evaluation: Yes, with mitigation. The large expanse of the dark, highly absorptive asphalt paving of the surface parking lots that dominate the Site creates a “heat island” effect for customers and workers walking from their parking spot to their commercial destination. Tree-lined pedestrian pathways through the parking lots would create a safer, more comfortable experience for the pedestrian, providing shelter, beauty, lessening the heat island effect of the surface parking, and providing pedestrians safe separation from vehicle traffic. This tree-lined pathway would also provide a visual cue indicating a safe passage for pedestrians linking all parking lots to commercial and open space areas which would minimize vehicle/pedestrian conflicts and would facilitate access between destinations within the Site. Such an element would address the Bozeman Community Plan goal of Theme 2—A City of Unique Neighborhoods which states: “Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.” Goal N-1 states: “Support well-planned, walkable neighborhoods.” This design would also address Focus Area 3—Vibrant & Resilient Neighborhoods; Increasing Resiliency to Climate Hazards objective of the Bozeman Climate Plan which states: “Development can be designed to reduce pavement and incorporate trees and green infrastructure to mitigate potential urban heat island impacts”, “Replacing or shading parking areas can mitigate urban heat island impacts” “Robust greenspaces and urban forests provide cooling benefits and decrease urban heat island effect”. As such, Staff recommends Condition of Approval No. 5 to mitigate this heat island effect and to provide comfort and visual cues leading patrons and workers from their parked vehicle to their destination within the Site. Section 38.430.090.E (8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? Staff Evaluation: Yes, this is a 31-acre undeveloped site surrounded by commercial development and some residential condominium apartments. The project demonstrates compliance with the land use guidelines of the City growth policy with 16 recommended 79 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 73 of 78 conditions of approval. In particular, Goal N-2 of the 2020 Community Plan states: “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. The PUD Site is a long vacant, formerly agricultural “farm” that the Applicant is now prepared to develop as a commercial node to the adjacent neighborhoods. Staff recognizes that surface parking lots can be converted to garages with apartments or retail and offices “wrapped” around them, making the Site more robust and efficient, and providing a more pedestrian-friendly streetscape. The UMU standards would support such a development and the proposed PUD deviations would not prohibit such redevelopment or “infill” development of the Site in the near or distant future. (9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting the development? Staff Evaluation: Yes, please see the open space discussion above. (10) Does the project provide for private outdoor areas (e.g., private setbacks, patios and/or balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Section 38.430.090.E (11) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Staff Evaluation: Yes, please see the open space discussion above. (12) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Staff Evaluation: Yes, with the recommended conditions of approval and if the Director of Transportation and Engineering approves the Applicant’s Article 4 deviations and waivers. (13) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and urban styles designed to address community-wide issues of affordability and diversity of housing stock? 80 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 74 of 78 Staff Evaluation: No housing is proposed for this PUD development although the deviations do not prevent housing in the future should a PUD Modification application seek some. (14) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district or building type within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus is determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380 must be excluded from the base density upon which the density bonus is calculated. Staff Evaluation: Not applicable as no housing is proposed for this PUD master site plan. SECTION 6 – FINDINGS OF FACT AND ORDER, RECORD OF DEVISION 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 planned unit development (P-PUD) described in these findings of fact was conducted. B. The purposes of the P-PUD 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 P-PUD should be approved, conditionally approved, or denied. C. The matter of the P-PUD application was considered by the City Commission at a public hearing on March 7, 2023 at which time the Department of Community Development Staff reviewed the project, submitted and summarized recommended 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. E. The City Commission requested public comment at the public hearing on March 7, 2023 and no one sought to offer comment. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed P-PUD 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 81 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 75 of 78 comment period defined by Chapter 38, BMC, the City Commission has found that the proposed P-PUD 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 Ferguson Farms II P-PUD 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 4 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 PUD plan, complying site plans 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. I. Pursuant to BMC Section 38.440, this P-PUD is deemed a “Legacy” Preliminary Planned Unit Development (P-PUD). Per 38.440.040.A.1, the approval of this Legacy P-PUD shall be effective for one (1) year from the date of the signed Findings of Fact and Record of Decision (FOF) approval. Pursuant to subsection A.2, at the request of the applicant, the Director of Community Development may extend the time period for submittal of a Final PUD plan for another six (6) months from the date of approval of this FOF. Pursuant to subsection 3, if no Final PUD is submitted within this time period, the P-PUD will expire and the Legacy PUD status will expire. DATED this ________ day of _____________________, 2023 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor 82 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 76 of 78 ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 83 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 77 of 78 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned UMU as described in detail above on page 30. Adopted Growth Policy Designation: The property is designated as Community Commercial Mixed Use as described above. APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF Owner: Boardwalk Properties, Inc. and Combs Capital LC Applicant: Michael Delaney Representative: Tyler Steinway, Intrinsik Architecture Report By: Susana Montana, Senior Planner APPENDIX C –PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 84 19028; City Commission Finding of Fact and Record of Decision for the Ferguson Farms II Preliminary PUD Page 78 of 78 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.01.040. ATTACHMENT LIST The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Attachment 1: Applicant’s Preliminary PUD Application Narrative 1-A Relaxation Requests and Rationales 1-B Performance Points and Justifications Attachment 2: Applicant’s Ferguson Farm II Draft Design Manual Attachment 3: Relaxation Graphic Map Attachment 4: Landscape Plan Attachment 5: Neighborhood Center Plan and Skybridge elevation map Attachment 6: Conceptual Land Use Distribution Map Attachment 7: Community Development Board summary comments Attachment 8: Public Comment 85 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation from the Bozeman Public Library Foundation for Furniture and Shelving for Phase 1 of the Bozeman Public Library Renovation Project MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation from the Bozeman Public Library Foundation for Furniture and Shelving for Phase 1 of the Bozeman Public Library Renovation Project. STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND:This Letter of Agreement confirms the understanding reached by all parties and sets forth the terms and conditions of a contribution by the Bozeman Public Library Foundation to the City of Bozeman for furniture and shelving for Phase 1 of the Bozeman Public Library Renovation project. Details of the project and the specific responsibilities of each party are outlined in the Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman signed and executed on August 17, 2021. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Current project estimates total $5,677,534.00 to include all phases of pre- construction and construction services. To date, the Library Foundation has provided funding to the City totaling $3,710,671.83, and the City has committed $437,000.00 in support of the project through the Library Depreciation Fund. This Agreement accepts furniture and shelving assets totaling $160,180.53. A subsequent Agreement and transfer of additional furniture and shelving for Phase 2 will be necessary before completion of the project. Attachments: Bozeman Public Library Expansion Project - Furniture Acceptance - Letter of Agreement - Phase 1.pdf 86 Exhibit A - Itemized List of Furniture and Shelving.pdf Report compiled on: March 16, 2023 87 Letter of Agreement March 28, 2023 RE: Furniture Acceptance for the Bozeman Public Library Expansion—Letter of Agreement – Phase 1 This letter of agreement (the “Agreement”) confirms the understanding reached by the parties and sets forth the terms and conditions of a contribution by the Bozeman Public Library Foundation (“BPLF”) to the City of Bozeman (“City”) for the acceptance of furniture for the Bozeman Public Library Expansion. 1. Parties to the Agreement and Notices: a. For BPLF Contact: Janay Johnson, Director Address: 626 East Main; Bozeman MT 59715 b. For City of Bozeman Contact: Cyndy Andrus, Mayor Address: 121 N. Rouse Ave; Bozeman MT 59715 2. Background: Furniture for the Bozeman Public Library Expansion project was procured directly by the Bozeman Public Library Foundation. This Agreement acknowledges the transfer of these assets totaling $160,180.53 to the City of Bozeman, as further defined in Exhibit A. Details of the project and the specific responsibilities of each party are outlined in the Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman signed and executed on August 17, 2021. 3. BPLF Responsibilities: a. Transfer of all physical assets and background materials related to the procurement of furniture. 4. City of Bozeman Responsibilities: a. Document and maintain all physical assets and background materials related to the procurement of furniture. 5. Acceptance: 88 By signing below, the undersigned represent that they are authorized to act on behalf of their respective parties and to bind their respective parties to the terms of this Agreement, and that the undersigned parties have read, understand and agree to the above. Bozeman Public Library Foundation: Signed: ____________________________ Janay Johnson, Director Date: ______________________________ City of Bozeman: Signed: _____________________________ Jeff Mihelich, City Manager Date: _______________________________ 89 Spokane 402 E. Sprague Ave. Spokane, WA 99202 509.624.4220 Missoula 1330 W. Broadway Missoula, MT 59802 406.926.3313 Bozeman 212 Shepherd Trail- Unit A Bozeman, MT 59718 406.220.8200 BOZEMAN PUBLIC LIBRARY PHASE 1 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 1 1 3150-Y1-PWH-A23W-M33-E-BA9W-C6 $401.66 $401.66 NEO LITE 3150 plastic colors back seat control arms base casters white mesh Grade: E Maharam Metaphor Steamship simple synchro 6 way white nylon 60mm hoodless casters 2 1 3158-Y1-PWH-A23W-M33-E-BA9W-C6 $465.19 $465.19 NEO LITE 3158 - 8" Stool plastic colors back seat control arms base casters white mesh Grade: E Maharam Metaphor Steamship simple synchro 6 way white nylon 60mm hoodless casters 3 1 INSTALL $4,128.92 $4,128.92 INSTALLATION SERVICES Subtotal $4,995.77 109C 4 2 GZ7325 $243.18 $486.36 Nest Cushion - Small COM Dimensions: Maharam, Scuba - Coral #464930-022 1 yard W 15" D 3.5" H 9.85" M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 1 of 13 90 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 5 2 SCUBA CORAL 464930-022 $90.93 $181.86 1 Yards Per Unit 109C Subtotal $668.22 121D 6 2 GZ7325 $243.18 $486.36 Nest Cushion - Small COM Dimensions: Camira, Landscape Balance - Symmetry #LDB01 1.25 yards W 15" D 3.5" H 9.85" 7 2 LANDSCAPE BALANCE SYMMETRY LDB01 $94.29 $188.58 1.25 Yards Per Unit 121D Subtotal $674.94 CH-01 8 4 SA-102 $964.48 $3,857.92 DAVIS SACHET DESCRIPTION COM - SEAT COM - SURROUND WIRE BASE LOW BACK ARMLESS MAHARAM SCUBA JET 464930-007 0.75 YARDS EA CAMIRA RIVET OTTER 1.5 YARDS EA 9 4 SCUBA JET 464930-007 $95.42 $381.68 0.75 YARDS PER UNIT 10 4 RIVET OTTER EGL36 $92.38 $369.52 1.5 YARDS PER UNIT CH-01 Subtotal $4,609.12 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 2 of 13 91 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL CH-02A 11 2 SILK TUSSAH SLK21 $700.11 $1,400.22 8.75 yds per unit, 12 2 GZ7200SK $3,801.65 $7,603.30 Nest Easy High Back Lounge. Frame COM Dimensions: SOLID OAK w/ Soaped Finish. Camira Silk Tussah SLK21 8.75 yards W 35" D 36" H 47.25" SH 17" CH-02A Subtotal $9,003.52 CH-02B 13 2 GZ7200SK $3,801.65 $7,603.30 Nest Easy High Back Lounge. Frame COM Dimensions: SOLID OAK w/ Soaped Finish. Carnegie, Snap Knit - #6019-4 7.5 yards W 35" D 36" H 47.25" SH 17" 14 2 SNAP KNIT 6019 $665.85 $1,331.70 4 7.5 yds per unit, directional solid CH-02B Subtotal $8,935.00 CH-03A 15 1 GZ7250SK $1,298.32 $1,298.32 Nest Easy Ottoman Frame COM Dimensions: SOLID OAK w/ Soaped Finish. Camira, Landscape Balance Symmetry 2 yards W 27" D 22.5" H 17" 16 1 LANDSCAPE BALANCE SYMMETRY LDB01 $150.85 $150.85 2 Yards Per Unit CH-03A Subtotal $1,449.17 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 3 of 13 92 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL CH-03B 17 1 GZ7250SK $1,298.32 $1,298.32 Nest Easy Ottoman Frame COM Dimensions: SOLID OAK w/ Soaped Finish. Camira, Landscape Balance EQUAL 2 yards W 27" D 22.5" H 17" 18 1 LANDSCAPE BALANCE EQUAL LDB04 $155.93 $155.93 2 Yards Per Unit CH-03B Subtotal $1,454.25 CH-04 19 2 IMPROV 6722-3 $436.28 $872.56 4.5 yards ea 20 2 56050 $1,800.30 $3,600.60 MEANDER Short back unit REF FINISH GANGING DIMENSIONS COM PC01 - Onyx YES W: 47.75" D: 33.75" H: 27.5" SH: 16.5" CARNEGIE IMPROV 6722-3 4.5 YARDS 21 2 56051 $1,800.30 $3,600.60 MEANDER Short back unit LEF FINISH GANGING DIMENSIONS COM PC01 - Onyx YES W: 47.75" D: 33.75" H: 27.5" SH: 16.5" CARNEGIE IMPROV 6722-3 4.5 YARDS 22 2 IMPROV 6722-3 $436.28 $872.56 4.5 yards ea CH-04 Subtotal $8,946.32 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 4 of 13 93 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL CH-05 23 2 BU1524 $1,621.20 $3,242.40 Low back lounge chair with upholstered seat and backrest, and a four star solid beech wood central swivel base and self-return system Upholstery selection User specified entry Beech wood finish COM ARCHITEX 301 Customer Own Fabric ENGLISH LEATHER JUTE 2.75 YARDS PER CHAIR 301 24 2 ENGLISH LEATHER JUTE $169.46 $338.92 2.75 YARDS PER UNIT CH-05 Subtotal $3,581.32 CH-06 25 10 MFIBSTWODCBU $698.95 $6,989.50 Fiber Counter Stool, 25-1/2" with Backrest, Wood Base, Upholstered Shell Base Finish Upholstery Selection Westwood Color Selection OAK (K1949) K19499 BASE: Oak FABRIC: Westwood (B) COL: Saddle CH-06 Subtotal $6,989.50 CH-07A 26 2 MFIBSWODU $624.22 $1,248.44 Fiber Side Chair, Wood Base, Upholstered Shell Base Finish Upholstery Selection Westwood Color Selection OAK (K1949) K19499 BASE: Oak FABRIC: Westwood (B) COL: Saddle CH-07A Subtotal $1,248.44 CH-08 27 3 MFIBSTWODCBF $380.08 $1,140.24 Fiber Counter Stool, 25-1/2" with Backrest, Wood Base, Fiber Shell Base Finish Shell Finish OAK WHIT BASE: Oak SHELL: White CH-08 Subtotal $1,140.24 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 5 of 13 94 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL CH-09 28 2 5871CM $1,684.00 $3,368.00 Zip - Fabric Handle Contrastic Option Seat Finish Grade Selection CT COM-Seat Camira Handle Bernhardt Contrastic Grade COM Camira Silk Imeon slk20 6.5 yards Grade B Focus Cayenne 3470-076 1 yard 29 2 SILK IMEON SLK20 $519.77 $1,039.54 6.5 YARDS PER UNIT BODY 30 2 $58.82 $117.64 CONTRASTING FABRIC CHARGE PER UNIT CH-09 Subtotal $4,525.18 CH-10 31 1 5870CM $1,322.00 $1,322.00 Zip - Fabric Handle Contrastic Option Seat Finish Grade Selection CT COM-Seat Camira Contrastic Grade COM Silk Imeon SLK20 4.8 yards 32 1 $58.82 $58.82 CONTRASTING FABRIC CHARGE PER UNIT 33 1 SILK IMEON SLK20 $383.83 $383.83 4.8 YARDS PER UNIT BODY CH-10 Subtotal $1,764.65 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 6 of 13 95 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL CH-11 34 2 $58.82 $117.64 CONTRASTING FABRIC CHARGE PER UNIT 35 2 HANDLE - RIVET MOLTEN EGL09 $22.65 $45.30 0.5 YARDS PER UNIT 36 2 BODY - ENGLISH LEATHER TOASTY $289.87 $579.74 4.5 YARDS PER UNIT 37 2 5720L $1,802.00 $3,604.00 Mitt - Loop Master Stitch Contrastic Option Seat Finish Grade Selection CT COM Body Architex COM Handle Camira Thread Color Contrastic Grade COM English Leather 4.5 Yds COM Rivet Molten EGL09 0.5 Yds 7LP - 4635C CH-11 Subtotal $4,346.68 CH-16B 38 2 BU1521 $1,981.80 $3,963.60 High back lounge chair with upholstered seat and backrest, and a four star solid beech wood central swivel base and self-return system. Upholstery selection User specified entry Beech wood finish COM ARCHITEX 301 Customer Own Fabric ENGLISH LEATHER JUTE 3.3 YARDS PER UNIT 301 39 2 ENGLISH LEATHER JUTE $215.68 $431.36 3.3 YARDS PER UNIT CH-16B Subtotal $4,394.96 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 7 of 13 96 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL CH-20 40 2 INP1818-12RDP $423.76 $847.52 Indie 18d x 18w x 12h Round Pouf Wood Species Birch Wood Finish Fabric Grade Selection User specified entry Glides B ? COM CAMIRA MTG Birch Undecided Birch Wood Finish Customer's Own Material LANDSCAPE BALANCE LDB04 EQUAL Rubber Cushion Metal Glides (Standard) 41 2 LANDSCAP BALANCE EQUAL LDB04 $125.30 $250.60 1.5 YARDS PER UNIT CH-20 Subtotal $1,098.12 CH-21 42 2 KNO1-S1-A-WTA-WCA $553.00 $1,106.00 WTA - Solid Wood Table Top Ash A WTA WCA Ash Solid Wood Table Top Ash (Finish to match frame) Clear Over Ash 43 1 KNO1-S1-A-WTA-WCA $553.00 $553.00 WTA - Solid Wood Table Top Ash A WTA WCA Ash Solid Wood Table Top Ash (Finish to match frame) Clear Over Ash CH-21 Subtotal $1,659.00 MP-1 44 3 RIEF604 $2,522.84 $7,568.52 Ridå Free Standing DIMENSIONS FRONT BACK FRAME W 29.2" x D 9.5" x H 62" Anthracite Felt Whiteboard .10 Oak MP-1 Subtotal $7,568.52 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 8 of 13 97 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL P-1A 45 2 TS3025W $636.90 $1,273.80 Tess Planter - Rectangular Medium Aluminum Approx. Dimensions: Glides Tray WHITE GLOSS W 15" x D 30" x H Adjustable Black Nylon Glides Black ABS Plastic included (approx.W 12" x D 26" x H 3") 46 2 TS1525LS $500.67 $1,001.34 Tess Planter - Square Medium Aluminum Approx. Dimensions: Glides Tray Light Sienna Gloss W 15" x D 15" x H 25" Adjustable Black Nylon Glides Black ABS Plastic included (approx.W 12" x D 12" x H 3") P-1A Subtotal $2,275.14 T-1A 47 4 STSQR3535-29 $943.79 $3,775.16 SEVEN TABLE, SQUARE, 35'' x 35'' x 29.5''H LAMINATE 1 GROUP FORBO 1 EDGE TYPE EDGE FINISH BASE TYPE POWDER FINISH ~4 FPE K ZE 7X FJ ForboÂ® Surface SURFACE FINISH: Forbo Linoleum Pebble (4175) EDGE TYPE: Knife Edge EDGE FINISH: Clear Stain BASE TYPE: Seven X-Base POWDER FINISH: Frosty White T-1A Subtotal $3,775.16 T-1B 48 1 STREC3547 $1,353.92 $1,353.92 SEVEN TABLE, RECTANGLE, 35''D x 47''W x 29.5''H POWER LAMINATE 1 GROUP FORBO 1 EDGE TYPE EDGE FINISH BASE TYPE POWDER FINISH P22 ~4 FPE K ZE 7T FJ POWER: 2 Plug, 2 Data, White ForboÂ® Surface SURFACE FINISH: Forbo Linoleum Pebble (4175) EDGE TYPE: Knife Edge EDGE FINISH: Clear Stain BASE TYPE: Seven T-Base (29.5") POWDER FINISH: Frosty White T-1B Subtotal $1,353.92 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 9 of 13 98 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL T-3A 49 2 MARDCT2814 $634.18 $1,268.36 Around Coffee Table, Large, 28-1/4W x 14-1/4H Table Finish OAK FINISH: Oak T-3A Subtotal $1,268.36 T-4 50 2 Q6-401 $752.31 $1,504.62 14.25 ROUND TOP TABLE TOP BASE BIANCO KOS 01-MATTE WHITE T-4 Subtotal $1,504.62 T-5 51 1 Q6-400 $1,007.31 $1,007.31 21" ROUND TOP TABLE TOP BASE BIANCO KOS 01-MATTE WHITE T-5 Subtotal $1,007.31 T-6 52 1 C9ADPRF $182.83 $182.83 C9 DESK ACCESSORY, DESKTOP POWER, TRIPPEL, 2 PWR, 1 DUAL CHARGING USB-A AND QI CHARGING, FOG GRAY, 108" CORD 53 1 C9MSL0948 $247.07 $247.07 C9 MODESTY SCREEN, STRAIGHT, 9"H X 48"W FABRIC TYPE FABRIC POWDER FINISH ~P A63 FJ FABRIC TYPE: PET FABRIC: Light PET (Ozite A63) POWDER FINISH: Frosty White M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 10 of 13 99 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 54 1 C9PSPF181515 $538.60 $538.60 C9 PENDANT STORAGE, PENCIL/FILE, 18"D X 15"W X 15"H (FOR USE ON 30"D C9 DESKS ONLY) LOCK LAMINATE 1 GROUP FACE 1 EDGE TYPE EDGE FINISH POWDER FINISH LOCK ~1 FJ CU ZE FJ FACTORY INSTALLED LOCKCORE Standard Laminates FACE FINISH 1: Frosty White EDGE TYPE: C9 90 Edge EDGE FINISH: Clear Stain POWDER FINISH: Frosty White 55 1 C9R4T304836 $1,082.15 $1,082.15 C9 RECTANGULAR DESK, FOUR LEG, FIXED HEIGHT BASE, 30"D X 48"W, 36'' HIGH BASE TYPE POWER CABLE TRAY RAIL HAND GROMMET LAMINATE 1 GROUP FORBO 1 EDGE TYPE EDGE FINISH POWDER FINISH C NP NC CRL N ~4 FPE CV ZE FJ Casters No Utility Power No Undersurface Cable Tray Rail on Left No Grommet ForboÂ® Surface SURFACE FINISH: Forbo Linoleum Pebble (4175) EDGE TYPE: C9 90 Ply EDGE FINISH: Clear Stain POWDER FINISH: Frosty White 56 1 C9SCC36F $64.24 $64.24 C9 SNAP ON CABLE CHANNEL, FOR 36"H TABLE WITH GLIDES POWDER FINISH BLU POWDER FINISH: Blush T-6 Subtotal $2,114.89 T-7 57 1 C9ADPRF $182.83 $182.83 C9 DESK ACCESSORY, DESKTOP POWER, TRIPPEL, 2 PWR, 1 DUAL CHARGING USB-A AND QI CHARGING, FOG GRAY, 108" CORD 58 1 C9R4D3048 $1,857.94 $1,857.94 C9 RECTANGULAR DESK, FOUR LEG, HEIGHT ADJUSTABLE BASE - 27"-46"H, 30"D X 48"W POWER TRAY HAND SWITCH GROMMET LAMINATE 1 GROUP FORBO 1 EDGE TYPE EDGE FINISH POWDER FINISH NP CTL C9SWITCH N ~4 FPE CV ZE FJ No Utility Power Cable Tray on Left C9 Standard Switch No Grommet ForboÂ® Surface SURFACE FINISH: Forbo Linoleum Pebble (4175) EDGE TYPE: C9 90 Ply EDGE FINISH: Clear Stain POWDER FINISH: Frosty White M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 11 of 13 100 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 59 1 C9PSPB181511 $504.01 $504.01 C9 PENDANT STORAGE, PENCIL/BOX, 18"D X 15"W X 11"H (FOR USE ON 30"D C9 DESKS ONLY) LOCK LAMINATE 1 GROUP FACE 1 EDGE TYPE EDGE FINISH POWDER FINISH LOCK ~1 FJ CU ZE FJ FACTORY INSTALLED LOCKCORE Standard Laminates FACE FINISH 1: Frosty White EDGE TYPE: C9 90 Edge EDGE FINISH: Clear Stain POWDER FINISH: Frosty White 60 1 C9SCC27F $64.24 $64.24 C9 SNAP ON CABLE CHANNEL, FOR HEIGHT ADJUSTABLE TABLE WITH GLIDES POWDER FINISH FJ POWDER FINISH: Frosty White 61 1 C9SBP $301.42 $301.42 C9 STAND BY POWER KIT 62 1 C9MSL0948 $247.07 $247.07 C9 MODESTY SCREEN, STRAIGHT, 9"H X 48"W FABRIC TYPE FABRIC POWDER FINISH ~P A63 FJ FABRIC TYPE: PET FABRIC: Light PET (Ozite A63) POWDER FINISH: Frosty White T-7 Subtotal $3,157.51 T-8 63 1 C9AUP $123.53 $123.53 C9 DESK ACCESSORY, UTILITY POWER 64 2 C9SCC36F $64.24 $128.48 C9 SNAP ON CABLE CHANNEL, FOR 36"H TABLE WITH GLIDES POWDER FINISH BLU POWDER FINISH: Blush M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 12 of 13 101 LINE IMAGE QTY PRODUCT UNIT SELL EXT SELL 65 1 C9R4T247236 $1,003.09 $1,003.09 C9 RECTANGULAR DESK, FOUR LEG, FIXED HEIGHT BASE, 24"D X 72"W, 36'' HIGH BASE TYPE POWER CABLE TRAY TRAY HAND GROMMET LAMINATE 1 GROUP FORBO 1 EDGE TYPE EDGE FINISH POWDER FINISH G NP CT CTL N ~4 FPE CU ZE BLU Glides No Utility Power Includes Undersurface Cable Tray Cable Tray on Left No Grommet ForboÂ® Surface SURFACE FINISH: Forbo Linoleum Pebble (4175) EDGE TYPE: C9 90 Edge EDGE FINISH: Clear Stain POWDER FINISH: Blush 66 2 C9ADPRF $182.83 $365.66 C9 DESK ACCESSORY, DESKTOP POWER, TRIPPEL, 2 PWR, 1 DUAL CHARGING USB-A AND QI CHARGING, FOG GRAY, 108" CORD T-8 Subtotal $1,620.76 Subtotal $97,130.59 GRAND TOTAL $97,130.59 M:\C-Project Spec Missoula\B\BOZEMAN PUBLIC LIBRARY\Phase 1- Furniture\2.23.23 ITEMIZED.pmx Page 13 of 13 102 MJFRAME3666S MJBASE3624INTSL MJINT3612 MJFIND6CORK MJGUS3624 MJFRAME3666S MJBASE3632INT MJHIN3616PLEXI MJHIN3616 MJGUS3632 MJFRAME3672S ITEM NUMBER EA EA EA EA EA EA EA EA EA EA EA 10 10 80 100 12 4 4 12 12 5 16 10 10 80 100 12 4 4 12 12 5 16 222.66 133.18 41.02 6.85 98.76 222.66 150.59 271.39 114.59 98.76 231.53 2226.60 1331.80 3281.60 685.00 1185.12 890.64 602.36 3256.68 1375.08 493.80 3704.48 SPECIFIER: THERESA SALES: VIC CONTACT: JANAY JOHNSON PHONE: 406-582-2426 EMAIL: janay@bozemanlibraryfoundation.org 36x66 seismic welded frame Option = Paint CH19 Chisel 36x24 double face integral back base shelf sloped Option = Paint CH19 Chisel 36X12 integral back shelf Option = Paint CH19 Chisel 6" H findable book support with cork Option = Paint CH19 Chisel 36x24 triangular gusset Option = Paint CH19 Chisel 36x66 seismic wleded frame Option = Paint CH19 Chisel 36x32 double face integral back base shelf Option = Paint CH19 Chisel 36x16 hinged periodical shelf w/plexiglass cover Option = Paint CH19 Chisel 36X16 hinged eriodical shelf Option = Paint CH19 Chisel 36x32 triangular gusset Option = Paint CH19 Chisel 36x72 seismic welded frame Option = Paint CH19 Chisel INVOICE NUMBER INVOICE DATE BILLTO ADDRESS SHIPTO ADDRESS INVOICE CUSTOMER PURCHASE ORDER SALESPERSON TERMS ROUTE PAYCODE ORDER TAKER ITEM DESCRIPTION UM ORD QTY B/O QTY SHIP QTY SELL PRICE EXTEND PRICEMFG Subtotal Tax CONTINUE CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 1000 CHARGE 352JANAY J 02/21/23 VIC SHAY 406-582-2412 5822400 1215689-0 Page 1 of 4 ACCOUNT NUMBER DEPT NUMBER Total Due JANAY J 360 OFFICE SOLUTIONS 3676 PIERCE PARKWAY P.O.BOX 30598 BILLINGS MT 59107 103 MJBASE3624INT MJINT3612 MJFIND6CORK MJGUS3624 MJFRAME3642 MJBASE3624 MJFIX3612 MOD MJINT3612 MJFIND6CORK MJFRAME3642 MJBASE3624INT MJFIX3612 ITEM NUMBER EA EA EA EA EA EA EA EA EA EA EA EA EA 16 160 192 18 4 4 8 8 8 16 7 7 7 16 160 192 18 4 4 8 8 8 16 7 7 7 125.17 41.02 6.85 98.76 99.48 111.03 57.54 14.39 41.02 6.85 99.48 125.17 57.54 2002.72 6563.20 1315.20 1777.68 397.92 444.12 460.32 115.12 328.16 109.60 696.36 876.19 402.78 36x24 double face integral back base shelf Option = Paint CH19 Chisel 36X12 integral back shelf Option = Paint CH19 Chisel 6" H findable book support with cork Option = Paint CH19 Chisel 36x24 triangular gusset Option = Paint CH19 Chisel 36x42 wleded frame Option = PAINT 2205 Light Gray 36x24 double face closed base shelf Option = PAINT 2205 Light Gray 36x12 fixed periodical shelf Option = PAINT 2205 Light Gray MOD 2" lip Option = PAINT 2205 Light Gray 36X12 integral back shelf Option = PAINT 2205 Light Gray 6" H findable book support with cork Option = PAINT 2205 Light Gray 36x42 welded frame Option = PAINT 2205 Light Gray 36x24 double face intergral back base shelf Option = PAINT 2205 Light Gray 36x12 fixed periodical shelf Option = PAINT 2205 Light Gray INVOICE NUMBER INVOICE DATE BILLTO ADDRESS SHIPTO ADDRESS INVOICE CUSTOMER PURCHASE ORDER SALESPERSON TERMS ROUTE PAYCODE ORDER TAKER ITEM DESCRIPTION UM ORD QTY B/O QTY SHIP QTY SELL PRICE EXTEND PRICEMFG Subtotal Tax CONTINUE CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 1000 CHARGE 352JANAY J 02/21/23 VIC SHAY 406-582-2412 5822400 1215689-0 Page 2 of 4 ACCOUNT NUMBER DEPT NUMBER Total Due JANAY J 360 OFFICE SOLUTIONS 3676 PIERCE PARKWAY P.O.BOX 30598 BILLINGS MT 59107 104 MJINT3612 MJFIND6CORK MJFRAME3684S MJBASE3612INTSL MJFIX3612 MJINT3612 MOD MJFIND6CORK MJTOP3612 MJGUS3612 MJFRAME3684S MJBASE3612HIN MJHIN3612 ITEM NUMBER EA EA EA EA EA EA EA EA EA EA EA EA EA 21 36 6 6 6 18 18 24 6 8 5 5 20 21 36 6 6 6 18 18 24 6 8 5 5 20 41.02 6.85 234.68 96.00 57.54 41.02 10.26 6.85 68.12 80.56 234.68 121.63 80.20 861.42 246.60 1408.08 576.00 345.24 738.36 184.68 164.40 408.72 644.48 1173.40 608.15 1604.00 36X12 integral back shelf Option = PAINT 2205 Light Gray 6" H findable book support with cork Option = PAINT 2205 Light Gray 36x84 seismic welded frame Option = PAINT 2205 Light Gray 36x12 single face integral back base shelf sloped Option = PAINT 2205 Light Gray 36x12 fixed periodical shelf Option = PAINT 2205 Light Gray 36X12 integral back shelf Option = PAINT 2205 Light Gray MOD slope Option = PAINT 2205 Light Gray 6" H findable book support with cork Option = PAINT 2205 Light Gray 36x12 singleface metal canopy top Option = PAINT 2205 Light Gray 36x12 triangular gusset Option = PAINT 2205 Light Gray 36x84 seismic welded frame Option = Paint CH19 Chisel 36x12 single face hinged periodical closed base shelf Option = Paint CH19 Chisel 36x12 hinged periodical shelf Option = Paint CH19 Chisel INVOICE NUMBER INVOICE DATE BILLTO ADDRESS SHIPTO ADDRESS INVOICE CUSTOMER PURCHASE ORDER SALESPERSON TERMS ROUTE PAYCODE ORDER TAKER ITEM DESCRIPTION UM ORD QTY B/O QTY SHIP QTY SELL PRICE EXTEND PRICEMFG Subtotal Tax CONTINUE CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 1000 CHARGE 352JANAY J 02/21/23 VIC SHAY 406-582-2412 5822400 1215689-0 Page 3 of 4 ACCOUNT NUMBER DEPT NUMBER Total Due JANAY J 360 OFFICE SOLUTIONS 3676 PIERCE PARKWAY P.O.BOX 30598 BILLINGS MT 59107 105 MJTOP3612 MJGUS3612 MJEND1284 INSTALL FREIGHT-UC SURCHARGE-UC ITEM NUMBER ROP EA EA EA EA EA EA 5 6 4 1 1 1 5 6 4 1 1 1 68.12 80.56 137.10 7840.00 3635.75 4140.85 340.60 483.36 548.40 7840.00 3635.75 4140.85 36x12 singleface metal canopy top Option = Paint CH19 Chisel 36x12 triangular gusset Option = Paint CH19 Chisel 84x12 single face metal end panel Option = PAINT 2205 Light Gray INSTALLATION OF FURNITURE AURORA FREIGHT CHARGE AURORA SURCHARGE INVOICE NUMBER INVOICE DATE BILLTO ADDRESS SHIPTO ADDRESS INVOICE CUSTOMER PURCHASE ORDER SALESPERSON TERMS ROUTE PAYCODE ORDER TAKER ITEM DESCRIPTION UM ORD QTY B/O QTY SHIP QTY SELL PRICE EXTEND PRICEMFG Subtotal Tax CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 CITY OF BOZEMAN LIBRARY 626 EAST MAIN BOZEMAN MT 59715 1000 CHARGE 352JANAY J 02/21/23 VIC SHAY 406-582-2412 5822400 1215689-0 Page 4 of 4 60475.02 60475.02 ACCOUNT NUMBER DEPT NUMBER Total Due JANAY J 360 OFFICE SOLUTIONS 3676 PIERCE PARKWAY P.O.BOX 30598 BILLINGS MT 59107 106 1 Jon Henderson From:Janay Johnson <janay@bozemanlibraryfoundation.org> Sent:Tuesday, February 28, 2023 3:22 PM To:kerry; Jon Henderson Subject:FW: Thanks for your order #83398268 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. FYI, these are part of the renovation that Foundation paid for directly. We’ll need to subtract this amount from the remaining balance due to the City. We’ll also need to include these on the list of furniture we are “gifting” to the City. From: orders@webstaurantstore.com <orders@webstaurantstore.com> Sent: Tuesday, February 28, 2023 3:20 PM To: Janay Johnson <janay@bozemanlibraryfoundation.org> Subject: Thanks for your order #83398268 Sign up for Fast & Free Shipping! Learn More Shop Now Equipment Food & Beverage Tabletop Disposables Order confirmed! Thanks for shopping at WebstaurantStore. Your order is being processed. Ship to: Janay Johnson Bozeman Public Library 626 East Main BOZEMAN, MT 59715-3953 +1 406 579 2208 Order Number: 83398268 Order Date: February 28, 2023 at 05:19 PM Shipping Type: Ground ITEM QTY PRICE TOTAL Ex-Cell Kaiser RC-KD17-P BKX Kaleidoscope XL Series Black Texture 17 Gallon Rectangular Paper Receptacle (Special Order) 764KD17PBKX 1 $244.99 $244.99 Ex-Cell Kaiser RC-KD36-R BKX Kaleidoscope XL Series Black Texture Square 36 Gallon Recyclables Receptacle (Special Order) 764KD36RBKX 3 $361.19 $1,083.57 107 2 Ex-Cell Kaiser RC-KD36-T BKX Kaleidoscope XL Series Black Texture 36 Gallon Square Trash Receptacle (Special Order) 764KD36TBKX 3 $361.19 $1,083.57 Subtotal $2,412.13 Shipping $162.79 Tax $0.00 Total (USD) $2,574.92 Download your invoice Download our W-9 My Account Policies Contact Us 40 Citation Lane, Lititz, PA, 17543 All Material Copyright © 2003-2023 WebstaurantStore This is an advertisement. 1 See the Visa Credit Card Rewards terms and conditions in the Summary of Credit Terms. Your % back rewards are earned as points. Please see the WebstaurantStore Rewards Program terms and conditions for information regarding expiration, redemption, forfeiture, and other limitations on WebstaurantStore Rewards Points. Cards are issued by First Bankcard®, a division of First National Bank of Omaha, pursuant to a license from Visa U.S.A. Inc. Visa and Visa Signature are registered trademarks of Visa International Service Association and used under license. 108 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 Fire Station #2 Relocation Project MEETING DATE:March 28, 2023 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 Fire Station #2 Relocation Project. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On February 8, 2022 the City Commission approved a Contract for General Contractor / Construction Manager Services with Martel Construction Inc. for the Fire Station #2 Relocation project. This project will relocate Fire Station #2 (410 S. 19th Ave.) to the northeast corner of 7th Ave. and Kagy Blvd. due to growth of the City. The new location will improve service for the south side of the City, while also serving as the primary response station for all of Montana State University campus and Bozeman High School. Multiple revisions to the final design were made over the past year, in order to fit within the total project budget, including an Early Work Amendment approved by the City Commission on February 2, 2023. Formal bids for the project were received on February 14, 2023. This Amendment sets the Guaranteed Maximum Price (GMP) for the construction phase of the project not to exceed $11,574,604.00. Construction is scheduled to begin in April of 2023, with an estimated completion date in June of 2024. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:This project is funded in part through bonds approved by public vote on November 2, 2021, in addition to Impact Fees, General Funds, and Fire 109 Capital Equipment Funds. Attachments: Bozeman Fire Station #2 - Guaranteed Maximum Price Amendment No. 2.pdf Bozeman Fire Station #2 - Final Cost Estimate.pdf Bozeman Fire Station #2 - Schedule.pdf Report compiled on: March 16, 2023 110 GMP AMENDMENT NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Subparagraphs 3.7.1-3.7.4 and 4.1 of the Preconstruction Services Conditions Agreement between Owner and Construction Manager this amendment dated the 28th day of March 2023, between City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Fire Station No. 2 Relocation Project, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN FIRE STATION #2 FULL PROJECT 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: Early Work Amendment No. 1 $302,663.00 General Requirements 14 Months $570,005.00 Site Work Complete $1,192,869.00 Building Construction $8,326,394.00 Subtotal $10,391,931.00 General Liability Insurance $99,430.00 Gross Receipts Tax $111,719.00 Builders Risk $11,892.00 Bond $83,790.00 Construction Fee $519,805.00 Construction Contingency $256,037.00 PV Construction Contingency $100,000.00 AMENDMENT # 2 GUARANTEED MAXIMUM PRICE $11,574,604.00 CONTRACT TIME The date of Certificate of Occupancy for the Work outlined above is: June 20th, 2024 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 Jason Martel, Executive Vice President 111 Martel Construction Spreadsheet Report Page 1 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-000 0 GENERAL REQUIREMENTS 1 Supervision2 General Conditions Labor (including all fringe and insurance) 14.00 mo 170,528 *-*-170,5283 General Conditions Labor (including all fringe and insurance) 14.00 mo 85,264 *-*-85,2644 Supervision 13,453.00 sf 255,792 255,792 Project Management5 Cost Management Labor (including all fringe and insurance) 14.00 mo 18,400 *-*-18,4006 Safety Office Labor (including all fringe and insurance) 14.00 mo 10,500 *-*-10,5007 Project Management 13,453.00 sf 28,900 28,900 Temporary Telephone8 Field Office Telelphone and Long Distance 14.00 mo -2,240 --*2,2409 Temporary Telephone 13,453.00 sf 2,240 2,240 Field Office Expense10 Office Supplies 14.00 mo -2,800 ---2,80011 Computers and Fax Usage Software & Maintenance 14.00 mo -1,400 ---1,40012 CM Field Office, Furniture & Furnishings 14.00 mo -12,180 --*12,18013 Field Office Equipment & Maintenance 14.00 mo -1,400 --*1,40014 Office Janitorial 14.00 mo -1,400 --*1,40015 Field Office Expense 13,453.00 sf 19,180 19,180 Temporary Toilet16 Toilets 14.00 mo -6,720 --*6,72017 Temporary Toilet 13,453.00 sf 6,720 6,720 Safety Equipment/Support18 Safety and First Aid 14.00 mo -1,050 ---1,05019 Safety Equipment/Support 13,453.00 sf 1,050 1,050 Job Travel20 Job Travel 14.00 mo -6,300 -12,600 -18,90021 Job Travel 13,453.00 sf 6,300 12,600 18,900 Cleanup22 Daily Cleanup 14.00 mo 80,150 --*-80,15023 112 Martel Construction Spreadsheet Report Page 2 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Cleanup 13,453.00 sf 80,150 80,150 Blue Prints & Copies24 Plans & Specifications (sets per bid pkg) 1.00 ls -2,400 ---2,40025 Blue Prints & Copies 13,453.00 sf 2,400 2,400 Project Sign26 Public Information Program (Site Signage) 1.00 ls *1,400 ---1,40027 Project Sign 13,453.00 sf 1,400 1,400 Allowances28 Postage, Messenger and Express Mail 14.00 mo -700 --*70029 Job Meetings & Ceremony Expense 1.00 ls -750 --*75030 Allowances 13,453.00 sf 1,450 1,450 GENERAL REQUIREMENTS #######sf 364,842 40,740 12,600 418,182 02-000 0 EXISTING CONDITIONS31 Site Demolition32 Remove Tree in Existing North Parking Island 1.00 ea ***--033 Relocate Existing Shed 1.00 ea **3,000 --3,00034 Remove Asphalt 10,707.00 sf ***--035 Remove Concrete 1,183.00 sf ***--036 Remove Concrete Curb / Gutter 509.00 lf ***--037 Remove Light Pole / Base 1.00 ea ***--038 Sawcut Asphalt 373.00 lf ***--039 Sawcut Concrete 21.00 lf ***--040 Sawcut Curb & Gutter 12.00 ea ***--041 Site Demolition 13,453.00 sf 3,000 3,000 EXISTING CONDITIONS #######sf 3,000 3,000 03-000 0 CONCRETE42 Division 343 Concrete Foreman, Pickup, Fuel 2.00 mo 10,214 1,170 -1,800 -13,18444 Concrete Layout 24.00 hr 1,358 48 -120 -1,52645 Form Rental - 1 Month 3,000.00 sf **-3,750 -3,75046 Concrete Small Tools 2.00 mo **-600 -60047 Mobilize & Demobilize Concrete Tools & Forms 2.00 trip 1,214 55 -960 -2,22948 Washout Area - Setup, Maintain, Remove 2.00 mo 1,325 500 400 --2,22549 113 Martel Construction Spreadsheet Report Page 3 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Division 3 Concrete Winter Conditions - Footings & Walls - Not Required (April 2023 Start) 0.00 mo **---050 Concrete Winter Conditions - Slab on Grade - Not Required (April 2023 Start) 0.00 mo **---051 Division 3 13,453.00 sf 14,111 1,773 400 7,230 23,514 Form Footings52 Form Footings - WF-2 - 24" x 12" Strip 442.00 lf 4,066 2,351 -*-6,41853 Form Footings - WF-3 - 36" x 12" Strip 886.00 lf 8,151 4,714 -*-12,86554 Form Footings 13,453.00 sf 12,218 7,065 19,283 Form Pad Footings55 Form Pad Footing - F2 - 72" x 78" x 18" 100.00 lf 1,380 692 -*-2,07256 Form Pad Footing - Trench Drains - 42" x 12" 385.00 lf 4,250 2,048 -*-6,29957 Form Pad Footing - Wash Alcoves - 12" Thick 55.00 lf 607 293 -*-90058 Form Pad Footings 13,453.00 sf 6,238 3,033 9,270 Form Slabs59 Bulkhead Door Openings at SOG 117.00 lf 807 391 ---1,19860 Form Construction Joints 38.00 lf 262 61 ---32361 Form Trench Drains 368.00 lf 2,539 3,128 ---5,66762 Form Wash Alcoves 69.00 lf 476 367 ---84363 Form Compressor Slab 31.00 lf 214 165 ---37964 Form Extractor Slab 17.00 lf 117 90 ---20865 Form Slabs 13,453.00 sf 4,416 4,202 8,618 Form Walls66 Form Walls - C1 - 8" x 3'-6"88.00 sf 694 132 -*-82667 Form Walls - C2 - 12" x 3'-6"2,688.00 sf 21,197 4,032 -*-25,22968 Form Walls - C3 - 20" x 3'-6"1,120.00 sf 8,832 1,680 -*-10,51269 Form Walls - C3 - 20" x 6'-6"160.00 sf 1,262 240 -*-1,50270 Form Walls - 7/S4.2 - 20" x 3'-6"176.00 sf 1,388 264 -*-1,65271 Form Wall Steps 2.00 ea 110 *-*-11072 Form Walls 13,453.00 sf 33,483 6,348 39,831 Wall Blockouts73 Blockout For Doors 26.00 ea 359 124 ---48274 Wall Blockouts 13,453.00 sf 359 124 482 Ledge Blockouts75 7/S4.2 - 8" x 36" Ledge Blockout 15.00 lf 138 141 -*-27976 Wall - Architectural Chamfer 273.00 lf 1,507 478 -*-1,98577 Ledge Blockouts 13,453.00 sf 1,645 619 2,264 78 114 Martel Construction Spreadsheet Report Page 4 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Other Blockouts78 Slab Diamond Blockouts - Not Required - All Land at 100'-0" 0.00 ea **---079 Other Blockouts 13,453.00 sf Recessed Slabs80 Depressed Slab Forms at Showers - Not Shown 0.00 lf **---081 Recessed Slabs 13,453.00 sf Form Equipment Pads82 Form Equipment Pads 142.00 lf 1,306 301 ---1,60783 Form Equipment Pads 13,453.00 sf 1,306 301 1,607 Form Piers84 Form Piers - 36" x 3'-0" Sonotube - Canopy Add Alternate 0.00 ea 0 0 ---085 Form Piers - 24" x 40" x 3'-6" - 7/S4.1 171.00 sf 1,573 257 ---1,83086 Form Piers 13,453.00 sf 1,573 257 1,830 Miscellaneous Embeds87 Angle Embeds at Trench Drains - Install Only - Supply in Div. 5 368.00 lf 3,058 55 ---3,11388 Angle Embeds at Wash Alcoves - Install Only - Supply in Div. 5 69.00 lf 573 10 ---58489 Miscellaneous Embeds 13,453.00 sf 3,631 66 3,696 Anchor Bolts90 Anchor Bolts - 5/8" x 10" at Structural Wall Plates (Inc. Supply) 150.00 ea 1,380 1,050 ---2,43091 Anchor Bolts - 3/4" x 12" at Column Baseplates (Supply in Div. 5) 116.00 ea 1,601 116 ---1,71792 Anchor Bolts - 3/4" x 12" at Column Baseplates (Supply in Div. 5) - Canopy Add Alternate 0.00 ea 0 0 ---093 5/8" x 12" Drilled & Epoxied Anchor Rod at H1 Holddowns 46.00 ea 1,270 1,380 ---2,65094 5/8" x 14" Drilled & Epoxied Anchor Rod at H2 Holddowns 28.00 ea 773 980 ---1,75395 7/8" x 14" Drilled & Epoxied Anchor Rod at H3 Holddowns 9.00 ea 248 765 ---1,01396 Anchor Bolts 13,453.00 sf 5,272 4,291 9,563 Dowels97 Drill & Epoxy Rebar Dowels at Interior Mono Footings to Walls 60.00 ea 552 225 ---77798 Dowels 13,453.00 sf 552 225 777 Expansion Joint99 7/S4.2 - 1/2" x 4" EJ / Snap Cap 22.00 lf 51 28 ---78100 8" EJ / Snap Cap at SOG to CMU Wall 286.00 lf 658 501 ---1,158101 Thermal Break at Bay Doors - 6/S4.1 85.00 lf 196 170 ---366102 115 Martel Construction Spreadsheet Report Page 5 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Expansion Joint 1/2" x 4" EJ / Snap Cap at Compressor & Extractor Slab 48.00 lf 110 60 ---170103 Expansion Joint 13,453.00 sf 1,014 758 1,772 Vapor Barrier104 Vapor Barrier @ Slab 10,510.00 sf 3,868 4,730 ---8,597105 Vapor Barrier 13,453.00 sf 3,868 4,730 8,597 Keyway106 Keyway Interior Footing to Frost Wall 18.00 ea 994 90 ---1,084107 Keyway 13,453.00 sf 994 90 1,084 Clean Forms108 Clean Forms - Piers - 24" x 40" x 3'-6" - 7/S4.1 171.00 sf 63 2 ---65109 Clean Forms - Wall - C1 - 8" x 3'-6"88.00 sf 32 1 ---33110 Clean Forms - Wall - C2 - 12" x 3'-6"2,688.00 sf 989 27 ---1,016111 Clean Forms - Wall - C3 - 20" x 3'-6"1,120.00 sf 412 11 ---423112 Clean Forms - Wall - C3 - 20" x 6'-6"160.00 sf 59 2 ---60113 Clean Forms - Wall - 7/S4.2 - 20" x 6'-6" 176.00 sf 65 2 ---67114 Clean Forms 13,453.00 sf 1,620 44 1,664 Prepare Slab - Metal Deck115 Prepare Pan Stairs for Placement 87.00 sf 64 ----64116 Prepare Equipment Pads (No Equipment on Main Floor) 189.00 sf 70 ----70117 Prepare Slab - Metal Deck 13,453.00 sf 134 134 Prepare Slab-on-Grade118 Prepare Slab on Grade 10,510.00 sf 1,450 --*-1,450119 Prepare Slab-on-Grade 13,453.00 sf 1,450 1,450 Rebar Accessories120 Supply Rebar Supports - SOG 10,510.00 sf -526 ---526121 Supply Rebar Supports - Pan Stair Landings 24.00 sf -1 ---1122 Supply Rebar Supports - Equipment Pads 189.00 sf -9 ---9123 Supply Rebar Supports - Footing - WF-2 - 24" x 12" Strip 442.00 sf -22 ---22124 Supply Rebar Supports - Footing - WF-3 - 36" x 12" Strip 1,329.00 sf -66 ---66125 Supply Rebar Supports - Pad Footing - F2 - 60" x 60" x 18" 156.00 sf -8 ---8126 116 Martel Construction Spreadsheet Report Page 6 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Rebar Accessories Supply Rebar Supports - Pad Footing - Trench Drains - 42" x 12" 637.00 sf -32 ---32127 Supply Rebar Supports - Piers - 36" x 3'-0" - Canopy Add Alternate 0.00 sf -0 ---0128 Supply Rebar Supports - Piers - 24" x 40" x 3'-6" - 7/S4.1 150.00 sf -8 ---8129 Supply Rebar Supports - Footing - Wash Alcoves - 12" Thick 92.00 sf -5 ---5130 Supply Rebar Supports - Wall - C1 - 8" x 3'-6" 77.00 sf -4 ---4131 Supply Rebar Supports - Wall - C2 - 12" x 3'-6" 2,352.00 sf -118 ---118132 Supply Rebar Supports - Wall - C3 - 20" x 3'-6" 980.00 sf -49 ---49133 Supply Rebar Supports - Wall - C3 - 20" x 6'-6" 130.00 sf -7 ---7134 Supply Rebar Supports - Wall - 7/S4.2 - 20" x 6'-6" 143.00 sf -7 ---7135 Rebar Accessories 13,453.00 sf 861 861 Concrete Reinforcing136 Rebar - Building Concrete 18.80 ton *30,200 24,552 --54,752137 Rebar - Canopy Add Alternate 0.00 ton *0 ---0138 Wire Mesh - 4" SOG - 6x6xW2.1/W2.1 5,876.00 sf *4,648 ---4,648139 Wire Mesh - Snow Melt 1,140.00 sf *830 ---830140 Rebar - Snow Melt Add Alt 2 0.00 ton *0 ---0141 Concrete Reinforcing 13,453.00 sf 35,678 24,552 60,230 Place Footings142 Place Footings - WF-2 - 24" x 12" Strip - 4500 PSI 16.37 cy 452 3,238 -665 61 4,416143 Place Footings - WF-3 - 36" x 12" Strip - 4500 PSI 49.22 cy 1,358 9,736 -2,000 185 13,278144 Place Footings 13,453.00 sf 1,810 12,974 2,665 246 17,695 Place Pad Footings145 Place Pad Footings - F2 - 72" x 78" x 18" - 4500 PSI 8.67 cy 191 1,715 -352 33 2,291146 Place Pad Footings - Trench Drains - 42" x 12" - 4500 PSI 23.59 cy 651 4,666 -958 88 6,364147 Place Pad Footings - Wash Alcoves - 12" Thick - 4500 PSI 3.41 cy 94 675 -111 13 892148 Place Pad Footings 13,453.00 sf 937 7,056 1,421 134 9,548 Place Concrete Slabs149 Place SOG - 4000 PSI 212.51 cy 2,933 41,301 -6,907 797 51,938150 117 Martel Construction Spreadsheet Report Page 7 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Place Concrete Slabs Add Fiber at Exposed SOG - 1.5 lb/cy 212.51 cy *1,711 -**1,711151 Place SOG - 4000 PSI - Add 1" for Polished Concrete - Not Shown 0.00 cy **-**0152 Place SOG - Compressor Slab - 4000 PSI 1.36 cy 19 264 -44 5 332153 Place SOG - Extractor Slab - 4000 PSI 0.42 cy 6 82 -14 2 103154 Place Concrete Slabs 13,453.00 sf 2,957 43,358 6,964 804 54,083 Place Walls155 Place Walls - C1 - 8" x 3'-6" - 4500 PSI 0.96 cy 30 178 -39 4 251156 Place Walls - C2 - 12" x 3'-6" - 4500 PSI 43.56 cy 1,374 8,092 -1,770 163 11,399157 Place Walls - C3 - 20" x 3'-6" - 4500 PSI 30.31 cy 956 5,630 -1,231 114 7,931158 Place Walls - C3 - 20" x 6'-6" - 4500 PSI 4.02 cy 127 747 -163 15 1,052159 Place Walls - 7/S4.2 - 20" x 6'-6" - 4500 PSI 4.42 cy 139 821 -180 17 1,157160 Place Walls 13,453.00 sf 2,627 15,468 3,383 312 21,790 Place Columns161 Place Piers - 36" x 3'-0" - Canopy Add Alternate - 4500 PSI 0.00 cy 0 0 -0 0 0162 Place Piers - 24" x 40" x 3'-6" - 7/S4.1 - 4500 PSI 3.45 cy 190 641 -140 13 984163 Place Columns 13,453.00 sf 190 641 140 13 984 Place Steel Stairways164 Place Pan Stair Treads & Landings - 4000 PSI 0.70 cy 77 118 -57 3 255165 Place Steel Stairways 13,453.00 sf 77 118 57 3 255 Place Miscellaneous Items166 Place Slab Diamond Blockouts - Not Required - All Land at 100'-0" 0.00 ea **-**0167 Place Miscellaneous Items 13,453.00 sf Place Equipment Pads168 Place Equipment Pads - 4000 PSI 2.33 cy 129 425 -189 9 752169 Place Equipment Pads 13,453.00 sf 129 425 189 9 752 Grout Base Plates170 Grout Base Plates 29.00 ea 3,202 870 ---4,072171 Grout Base Plates - Canopy Alternate 0.00 ea 0 0 ---0172 Grout Base Plates 13,453.00 sf 3,202 870 4,072 Finish Footings & Walls173 Finish Footings - WF-2 - 24" x 12" Strip 442.00 sf 305 ----305174 Finish Footings - WF-3 - 36" x 12" Strip 1,329.00 sf 917 ----917175 118 Martel Construction Spreadsheet Report Page 8 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Finish Footings & Walls Finish Pad Footings - F2 - 60" x 60" x 18" 156.00 sf 108 ----108176 Finish Pad Footings - Trench Drains - 42" x 12" 637.00 sf 440 ----440177 Finish Pad Footings - Wash Alcoves 92.00 sf 63 ----63178 Finish Walls - C1 - 8" x 3'-6"11.00 lf 30 ----30179 Finish Walls - C2 - 12" x 3'-6"336.00 lf 927 ----927180 Finish Walls - C3 - 20" x 3'-6"140.00 lf 386 ----386181 Finish Walls - C3 - 20" x 6'-6"10.00 lf 28 ----28182 Finish Walls - 7/S4.2 - 20" x 6'-6"11.00 lf 30 ----30183 Finish Piers - 36" x 3'-0" - Canopy Add Alternate 0.00 ea 0 ----0184 Finish Piers - 24" x 40" x 3'-6" - 7/S4.1 4.00 ea 55 ----55185 Finish Footings & Walls 13,453.00 sf 3,290 3,290 Trowel Finish Slabs186 Trowel Finish Slabs on Grade 10,438.00 sf --46,971 --46,971187 Trowel Finish Equipment Pads 189.00 sf --1,890 --1,890188 Trowel Finish Stair Treads 20.00 ea *-4,000 *-4,000189 Trowel Finish Stair Landings 24.00 sf *-240 *-240190 Trowel Finish Slabs 13,453.00 sf 53,101 53,101 Curing Compound191 Curing Compound - SOG 10,510.00 sf 1,450 709 ---2,160192 Curing Compound - Stair Treads & Landings 87.00 sf 12 6 ---18193 Curing Compound - Equipment Pads 189.00 sf 26 13 ---39194 Curing Compound 13,453.00 sf 1,488 728 2,217 Sawcut Control Joints195 Sawcut Slab Control Joints at SOG 1,945.00 lf *-4,376 *-4,376196 Sawcut Control Joints 13,453.00 sf 4,376 4,376 CONCRETE #######sf 110,590 152,101 82,429 22,050 1,520 368,690 04-000 0 MASONRY197 Masonry Anchors & Reinf.198 Masonry Rebar - 3 psf 29.25 ton *47,000 --47,000199 Masonry Anchors & Reinf.13,453.00 sf 47,000 47,000 Concrete Masonry Units200 12" Structural Ground Face CMU 1,364.00 sf --0 --0201 12" Structural Standard CMU 4,722.00 sf --0 --0202 CMU-1 Veneer 6,621.00 sf --0 --0203 CMU-2 Veneer 1,108.00 sf --0 --0204 Masonry Subcontract 1.00 ls --745,670 --745,670205 119 Martel Construction Spreadsheet Report Page 9 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Concrete Masonry Units 13,453.00 sf 745,670 745,670 Masonry206 2x12 Blockout Framing - Install / Remove 4,064.00 bf 9,347 6,218 *--15,565207 1/2" Sheathing at Masonry Blockouts - Install / Remove 1,831.00 sf 3,158 1,813 *--4,971208 Brace CMU Walls 5,910.00 sf 1,631 1,478 *--3,109209 Remove Braces at CMU Walls 5,910.00 sf 544 **--544210 Masonry Heat & Cover - ASSUME NOT REQUIRED 0.00 mo ***--0211 1/S6.0 - Install Embed Plate 28.00 ea 1,861 **--1,861212 1/S6.0 - Grout Pack Pocket 28.00 ea 3,091 1,400 *--4,491213 2/S5.0 - Veneer Ledger at CMU Walls - Install Only 44.00 lf 1,462 **--1,462214 2/S5.0 - Anchor Bolts Veneer Ledger at CMU Walls 70.00 ea 644 560 *--1,204215 5,9/S6.0 - Install Baseplate 4.00 ea 266 **--266216 5,9/S6.0 - Grout Pack Pocket 4.00 ea 442 200 *--642217 5,9/S6.0- Grout Baseplate 4.00 ea 442 120 *--562218 1/S6.0 - Anchor Bolts 16.00 ea 221 720 *--941219 5/S6.2 - Veneer Ledger to GLB - Install Only 16.00 lf 266 **--266220 6/S5.2 - Steel Beam to CMU Wall Connection 2.00 ea 266 **--266221 7/A6.0 - Anchor Bolt at 24" OC 220.00 ea 3,036 1,760 *--4,796222 9/S6.0 - W Beam to CMU Wall 2.00 ea 266 **--266223 10/S5.5 - W Beam to CMU 4.00 ea 532 **--532224 11/S5.4 - W Beam to CMU Wall 2.00 ea 266 **--266225 Loose Lintels - L6x4x3/8 - Install Only (Supply in Div 5) 103.00 lf 1,712 **--1,712226 Loose Lintels - TBD - Install Only (Supply in Div 5) 46.00 lf 764 **--764227 Plate Steel Headers at CMU - Install Only (Supply in Div 5) 187.00 lf 3,107 **--3,107228 Masonry 13,453.00 sf 33,324 14,268 47,592 MASONRY #######sf 33,324 61,268 745,670 840,262 05-000 0 STEEL229 Structural Steel230 Structural Steel 17.04 ton *402,604 204,500 *-607,104231 Structural Steel 13,453.00 sf 402,604 204,500 607,104 Open Web Steel Joists232 120 Martel Construction Spreadsheet Report Page 10 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Open Web Steel Joists Open Web Steel Joists 18.14 ton *0 0 *-0233 Open Web Steel Joists 13,453.00 sf Steel Deck234 Roof Decking 5,070.00 sf *0 0 *-0235 Steel Deck 13,453.00 sf Metal Fabrications236 Bollards - Install by Site Sub 12.00 ea *0 ---0237 HSS4x2x1/4 Girts at Roof Screen Wall Framing 222.00 lf 3,689 0 ---3,689238 HSS4x4x1/4 Posts at Roof Screen Wall Framing 5.00 ea 665 0 ---665239 Roof Ladders 2.00 ea 1,064 0 ---1,064240 Trench Drains - Embed Angle - Install in Div. 3 - SUPPLY BY PLUMBER 368.00 lf **---0241 Wash Alcoves - L4x4x1/4" Ledger Angle 78.00 lf 1,296 1,802 ---3,098242 Parking Area Power Pedestals 6.00 ea *0 ---0243 Rappel Anchor Points 2.00 ea 266 0 ---266244 Wash Alcoves - L2x2x1/8 Embed Angle - Install in Div. 3 69.00 lf *0 ---0245 Wash Alcoves - 5,6/S4.2 - 1/2" x 4" Kwik Bolts 78.00 ea *195 ---195246 10/S6.3 - 1/2" x 3" x 12" Splice Plate 1.00 ea 66 100 ---166247 2/S5.3 - L8x6x1/2 Angle 94.00 lf 1,562 0 *--1,562248 2/S5.3 - L8x6x1/2 Angle - 3/4" x 8" Drilled & Epoxied Anchors 141.00 ea 1,562 2,820 *--4,382249 4/S5.4 - L8x6x1/2 Angle 54.00 lf 897 0 *--897250 4/S5.4 - L8x6x1/2 Angle - 3/4" x 8" Drilled & Epoxied Anchors 81.00 ea 897 1,620 *--2,517251 1/S5.4 - L8x6x1/2 Angle 30.00 lf 499 0 *--499252 1/S5.4 - L8x6x1/2 Angle - 3/4" x 8" Drilled & Epoxied Anchors 30.00 ea 332 600 *--932253 2/S6.1 - L6x6x1/2 Angle - Low Roof 16.00 lf 266 0 ---266254 2/S6.1 - L6x6x1/2 Angle - 3/4" x 8" Drilled & Epoxied Anchors 24.00 ea 266 480 ---746255 2/S6.1 - L6x6x1/2 Angle - High Roof 122.00 lf 2,027 0 ---2,027256 2/S6.1 - L6x6x1/2 Angle - 3/4" x 8" Drilled & Epoxied Anchors 182.00 ea 2,016 3,640 ---5,656257 1/S6.0 - Embed Plate - Supply (Install in Div 4)28.00 ea *0 ---0258 2/S5.0 - Veneer Ledger at CMU Walls - Supply (Install in Div 4) 44.00 lf *0 ---0259 4/S6.2 - Masonry Ledger Attached to SIP Spline 44.00 lf 731 0 ---731260 5,9/A6.0 - Joist Girder Baseplate - Supply (Install In Div. 4) 4.00 ea 266 0 ---266261 121 Martel Construction Spreadsheet Report Page 11 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Metal Fabrications 5/S5.2 - Steel Beam to CMU Wall Connection - Epoxy Anchors 60.00 ea 1,994 0 ---1,994262 5/S5.2 - Steel Beam to CMU Wall Connection - Connection Plate 10.00 ea 665 0 ---665263 5/S6.2 - Veneer Ledger to GLB - Supply (Install in Div 4)16.00 lf *0 ---0264 6/S5.2 - Steel Beam to CMU Wall Connection 2.00 ea *0 ---0265 6/S5.2 - Epoxy Anchors at Joist Bridging to CMU 48.00 ea *720 ---720266 9/S6.0 - W Beam to CMU Wall 2.00 ea *0 ---0267 10/S5.5 - W Beam to CMU 4.00 ea *0 ---0268 11/S5.4 - W Beam to CMU Wall 2.00 ea *0 ---0269 Loose Lintels - L6x4x3/8 - Supply (Install in Div 4)103.00 lf *0 ---0270 Loose Lintels - TBD - Supply (Install in Div 4)46.00 lf *0 ---0271 Plate Steel Headers at CMU - Supply (Install in Div 4)187.00 lf 0 ---272 Veneer Ledger Detail TBD 10.00 lf 166 0 ---166273 Metal Fabrications 13,453.00 sf 21,193 11,977 33,170 Metal Stairs & Ladders274 Steel Stair Assembly - Stair 2 21.00 riser *0 0 --0275 Metal Stairs & Ladders 13,453.00 sf Handrails & Railings276 Stair 1 - Wall Mount Grab Rail 71.00 lf 1,180 0 -*-1,180277 Stair 2 - Wall Mount Grab Rail 35.00 lf 582 0 -*-582278 Mezzanine Guardrail 40.00 lf *0 3,000 *-3,000279 Mezzanine Guardrail Gates 4.00 ea *0 1,200 *-1,200280 Stair 2 - Guard Rail 22.00 lf *0 1,650 *-1,650281 Handrails & Railings 13,453.00 sf 1,761 5,850 7,611 Gratings282 Trench Drains - Grating - BY PLUMBER 236.00 sf *----0283 Wash Alcoves - Grating 86.00 sf 715 0 ---715284 Gratings 13,453.00 sf 715 715 STEEL #######sf 23,669 414,581 210,350 648,600 06-000 0 WOOD & PLASTICS285 Division 6286 Carpenter Foreman, Pickup, Fuel 4.00 mo 0 1,950 -3,600 -5,550287 Rough Carpentry Small Tools 4.00 mo -*-1,400 -1,400288 Scissor Lift 4.00 mo -*-7,600 -7,600289 Rough Carpentry Layout 64.00 hr 0 32 -320 -352290 Wood I Joist Stamped Drawings & Inspections per General Notes 1.00 est *2,500 -*-2,500291 Framing Labor 1.00 ls 2,500 234,400 -236,900292 122 Martel Construction Spreadsheet Report Page 12 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Division 6 13,453.00 sf 6,982 234,400 12,920 254,302 Hardware & Fasteners293 2/S5.3 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 188.00 ea -846 ---846294 3/S5.4 - 1/2"x3" Through Bolt w/ (2) Washer & (1) Nut 60.00 ea -259 ---259295 3/S5.6 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 46.00 ea -207 ---207296 4/S5.4 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 108.00 ea -486 ---486297 13/S5.3 - 3/4"x4-1/2" Through Bolt w/ (2) Washer & (1) Nut 12.00 ea -118 ---118298 1/S5.4 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 60.00 ea -270 ---270299 1/S6.2 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 18.00 ea -81 ---81300 2/S6.1 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 32.00 ea -144 ---144301 3/S5.4 - 1/2"x3" Through Bolt w/ (2) Washer & (1) Nut 62.00 ea -268 ---268302 4/S6.3 - (2) 3/4" x 8" Through Bolts 4.00 ea -63 ---63303 7/S5.4 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 20.00 ea -90 ---90304 10/S5.3 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 63.00 ea -284 ---284305 11/S5.0 - (2) 3/4" x 8" Through Bolts 8.00 ea -126 ---126306 12/S5.4 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 198.00 ea -891 ---891307 2/S6.1 -1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 244.00 ea -1,098 ---1,098308 3/S6.2 - 1/2"x3" Through Bolt w/ (2) Washer & (1) Nut 27.00 ea -117 ---117309 3/S6.2 - 1/2"x3" Through Bolt w/ (2) Washer & (1) Nut 9.00 ea -39 ---39310 10/S6.1 - 1/2"x4" Through Bolt w/ (2) Washer & (1) Nut 164.00 ea -738 ---738311 Rough Hardware by Area 13,664.00 sf -17,080 ---17,080312 Simpson MIT414 Top Flange Hanger 84.00 ea 0 ---313 Simpson HGUM5.25-SDS Hanger 6.00 ea 0 ---314 Simpson LEG5 Hanger 4.00 ea 0 ---315 Holdowns - HDU2 46.00 ea 1,981 ---1,981316 Holdowns - HDU5 28.00 ea 1,680 ---1,680317 Holdowns - HDU8 9.00 ea 841 ---841318 Holdowns - MSTC40 Strap Ties 18.00 ea 292 ---292319 123 Martel Construction Spreadsheet Report Page 13 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Hardware & Fasteners Post Caps at Posts to Glulam Beams 20.00 ea 168 ---168320 Powers Wedge Anchors at Interior Footings - Supply to Framer - 5/8" x 172.00 ea *2,374 ---2,374321 MSTC40 Strap Tie 10.00 ea 162 ---162322 Simpson MSTA49 - 3/S6.1 63.00 ea 515 ---515323 Simpson STC Clip 115.00 ea 137 ---137324 Hardware & Fasteners 13,453.00 sf 31,354 31,354 Rough Carpentry325 1,4/A3.17 - 2x4 Backing at Masonry to MP-2 25.00 lf 173 24 ---197326 1/A3.11 - Bottom Plate 12.00 lf 66 12 ---78327 1/A3.11 - TP 24.00 lf 110 23 ---133328 1/A3.11 - Studs 11.00 ea 202 32 ---234329 1/A3.11 - Sheathing 98.00 sf 338 80 ---418330 1/A3.11 - Bottom Plate - 2x6 12.00 lf 66 17 ---84331 1/A3.11 - Bottom Plate - 2x8 12.00 lf 66 24 ---91332 1/A3.13 - 2x6 Plate at Guardrail 4.00 lf 28 4 ---31333 1/A3.15 - 2x12 at Parapet Cap 313.00 lf 0 909 ---909334 1/A3.15 - 2x4 at Parapet Cap 616.00 lf 0 594 ---594335 1/A3.15 - 3/4" x 13" Ply Parapet Cap 313.00 lf 0 828 ---828336 1/A3.15 - 3/4" x 11" Ply Parapet Cap 313.00 lf 0 705 ---705337 1/A3.16 - 1" x 3-1/2 56.00 lf 386 54 ---440338 1/A3.16 - 2x4 56.00 lf 258 34 ---291339 1/A3.16 - Add 2x6 Studs - 12' Length 2.00 ea 55 23 ---78340 1/A3.16 - Add 2x6 Studs - 14' Length 4.00 ea 110 187 ---298341 1/A5.2 - 1" x 2" Backing at Door Head 21.00 lf 145 20 ---165342 1/A5.3 - 2x6 Backing at Window Head 68.00 lf 375 98 ---473343 1/A5.5 - (2) 2x4 Backing at Window Head 86.00 lf 475 83 ---558344 1/A5.6 - 2x6 Backing at CW.4 Head 6.00 lf 33 9 ---42345 1/A6.3 - 1/2" Plywood Substrate 55.00 sf 253 45 ---298346 1/A6.3 - 2x4 Display Cabinet Base 55.00 lf 253 33 ---286347 1/S5.4 - 2x6 Backing at Door Head 5.00 lf 28 7 ---35348 2/A3.15 - (2) 3/4" x 8-3/4" Ply at Parapet Cap 212.00 lf 0 389 ---389349 2/A3.15 - 3/4" x 17-1/2" Ply at Parapet Cap 106.00 lf 731 389 ---1,121350 2/A3.15 - 2x4 at Parapet Cap 106.00 lf 731 102 ---834351 2/A3.17 - 2x6 Backing at Steel Lintel 11.00 lf 76 16 ---92352 2/A5.2 - (2) 2x6 at Perimeter of HM Door 8.00 lf 44 12 ---56353 124 Martel Construction Spreadsheet Report Page 14 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Rough Carpentry 2/A5.6 - 2x10 Backing at Curtainwall Head 16.00 lf 88 42 ---130354 3/A0.3 - 3/4" Plywood Underlayment 2,203.00 sf 2,533 3,437 ---5,970355 3/A0.3 - 1/2" Sound Underlayment - Trowel Applied Bostik Ultragrip 2,203.00 sf 6,080 12,048 ---18,128356 3/A3.7 - 2x6 Top & Bottom Furring at Screen Wall 108.00 lf 596 156 ---752357 3/A3.7 - 2x10 Top & Bottom Furring at Screen Wall 54.00 lf 298 141 ---439358 3/A3.9 - 1/2" Wall Sheathing at M4 Backup Wall 298.00 sf 685 243 ---929359 3/A3.9 - 2x6 PT Sill at M4 Backup Wall 12.00 lf 83 17 ---100360 3/A3.9 - 2x6 Stud at M4 Backup Wall 32.00 ea 883 2,357 ---3,240361 3/A3.9 - 2x6 TP at M4 Backup Wall 23.00 lf 106 22 ---128362 3/A3.15 - (2) 3/4" x 8" Ply at Parapet Cap 280.00 lf 0 459 ---459363 3/A3.15 - 2x4 at Parapet Cap 140.00 lf 0 135 ---135364 3/A3.15 - 2x10 at Parapet Cap 140.00 lf 0 365 ---365365 3/A3.16 - 1" x 4-1/4" Backing at Solar Collector Sill 24.00 lf 166 35 ---200366 3/A3.16 - 1" x 4-1/4" Backing at Solar Collector 12.00 lf 83 17 ---100367 3/A3.17 - 2x4 Blocking at Louver Sill 10.00 lf 69 10 ---79368 3/A3.18 - (2) 1/2" x 10" x 16" Ply Backing at Wall Anchor 4.00 ea 110 18 ---129369 3/A3.18 - 2x6x16" Backing at Wall Anchor 4.00 ea 110 8 ---118370 3/A3.20 - 2x4 Fascia Cap 135.00 lf 0 130 ---130371 3/A5.2 - 2x6 at Perimeter of Door 5.00 lf 28 7 ---35372 3/A5.3 - 2x4 Jamb 202.00 lf 0 195 ---195373 3/A6.0 - (2) 2x10 Ledger at Floor Hatch 28.00 lf 193 56 ---249374 3/A6.0 - 3/4" MDF at Floor Hatch 14.00 lf 97 43 ---139375 3/A6.0 - 2x4 Framing at Floor Hatch 21.00 lf 145 13 ---158376 3/A6.0 - 3/4" MDF Lid 13.00 sf 120 26 ---146377 3/A6.0 - 3/4" Sides 14.00 lf 97 14 ---111378 3/A6.0 - Handle 1.00 ea 55 24 ---79379 3/A6.3 - 2x4 Die Wall Framing - Treated 9.00 lf 62 9 ---71380 3/A6.3 - 2x4 Die Wall Framing 69.00 lf 317 42 ---359381 3/A6.3 - 5/8" Plywood at Die Wall 24.00 sf 83 24 ---107382 3/A6.3 - Scafco Pony Wall Support 2.00 ea 110 288 ---398383 125 Martel Construction Spreadsheet Report Page 15 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Rough Carpentry 3/A5.4 - 2x4 Blocking 20.00 lf 110 19 ---130384 3/A5.4 - 1/2" x 6" Ply Strip 20.00 lf 138 21 ---159385 3/A5.6 - 2x4 Jamb 40.00 lf 221 39 ---259386 4,6/A3.19 - (2) 2x4 Nailer 28.00 lf 193 27 ---220387 4,6/A3.19 - 1/2" x 8" Ply 14.00 lf 97 19 ---116388 4/A3.14 - (2) 2x4 Backing 30.00 lf 166 29 ---195389 4/A3.14 - (2) 2x8 Column Furring 90.00 lf 414 115 ---529390 4/A3.14 - (3) 2x6 Column Furring 135.00 lf 621 130 ---751391 4/A3.14, 3/A5.0 - (2) 2x4 Backing 172.00 lf 949 166 ---1,115392 4/A3.15 - (2) 3/4" x 19" Ply at Parapet Cap 344.00 lf 0 1,331 ---1,331393 4/A3.15 - (4) 2x4 at Parapet Cap 688.00 lf 0 664 ---664394 4/A3.16 - (4) 2x6 Blocking at Sign 96.00 lf 662 92 ---755395 4/A3.16 - 1" x 4-1/4" Backing at Sign 24.00 lf 166 35 ---200396 4/A5.2 - 2x6 at Perimeter of Door Opening 4.00 lf 22 6 ---28397 4/A5.3 - 1/2" x 3-3/4" Treated Ply Sill 13.00 lf 90 9 ---99398 4/S5.1 - 2x10 Blocking 136.00 lf 938 273 ---1,211399 4/S5.1 - L70 Clips 272.00 ea 2,502 1,204 ---3,707400 4/S5.4 - 2x4 Backing at Door Jamb 39.00 lf 215 94 ---309401 4/S5.6 - 2x4 13.00 lf 72 13 ---84402 4/S5.6 -1/2" x 3-1/2" Ply 13.00 lf 90 9 ---99403 5,6/A3.15 - 1" Fire Treated Ply Soffit 763.00 sf 0 4,267 ---4,267404 5/A3.14 - (2) 2x8 Column Furring 90.00 lf 0 115 ---115405 5/A3.14 - (3) 2x6 Column Furring 135.00 lf 0 130 ---130406 5/A3.14, 4/A5.0 - (2) 2x4 Backing 260.00 lf 1,435 251 ---1,686407 5/A3.15 - (2) 2x4 150.00 lf 1,035 145 ---1,180408 5/A3.15 -1/2" x 9-1/2"75.00 lf 518 128 ---646409 5/A3.15 - (2) 3/4" x 24" Ply at Parapet Cap 36.00 lf 0 176 ---176410 5/A3.15 - (3) 2x4 at Parapet Cap 54.00 lf 0 52 ---52411 5/A3.15 - 2x10 at Parapet Cap 18.00 lf 0 47 ---47412 5/A3.16 - (4) 2x6 Blocking at Sign 52.00 lf 359 50 ---409413 5/A3.16 - 1" x 4-1/4" Backing at Sign 13.00 lf 90 19 ---108414 5/A3.17 - (2) 1/2" x 3-1/2" Ply at Metal Panel to Masonry 20.00 lf 138 14 ---152415 5/A3.17 - 2x6 at Metal Panel to Masonry 10.00 lf 69 14 ---83416 5/A3.18 - (2) 2x4 Backing at MP to Roof Membrane 118.00 lf 651 114 ---765417 5/A5.3 - 1/2" x 7-1/2" Ply at Window Sill 68.00 lf 469 37 ---506418 126 Martel Construction Spreadsheet Report Page 16 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Rough Carpentry 5/A5.3 - 2x4 at Window Sill 68.00 lf 375 66 ---441419 6/A3.15 - (2) 2x4xCont Backing 234.00 lf 1,292 226 ---1,517420 6/A3.17 - (2) 2x4, 2x4x4" Stud at 16" OC 40.00 lf 0 24 ---24421 6/A3.17 - 1/2" x 7" Ply 17.00 lf 0 8 ---8422 6/A3.18 - (2) 1/2" x 3-1/2" Ply 174.00 lf 1,201 119 ---1,319423 6/A6.0 - 2x6 Plate at Guardrail 17.00 lf 117 16 ---134424 7/A3.17 - (2) 2x4 60.00 lf 331 36 ---367425 7/A3.17 - 2x8 30.00 lf 166 38 ---204426 7/A3.17 - (2) 1/2" x 4" Ply 60.00 lf 414 41 ---455427 7/A3.18 - (2) 2x4 Backing - Treated 90.00 lf 497 87 ---584428 7/A3.19 - (2) 2x4 at Canopy to Brick 10.00 lf 69 10 ---79429 7/A3.19 - 1/2" x 6-1/2" Ply at Canopy to Brick 5.00 lf 35 6 ---40430 7/A4.1 - 2x4 Furring 35.00 lf 161 21 ---182431 7/A5.2 - 2x4 at Perimeter of Door 20.00 lf 110 19 ---130432 7/A5.2 - 1/2" x 6" Ply Strip at Perimeter of Door 20.00 lf 138 21 ---159433 7/A5.6 - (2) 1/2" x 6" Ply 12.00 lf 83 5 ---88434 7/A5.6 - 1/2" x 6-1/4" Ply 6.00 lf 41 7 ---49435 7/A5.6 - 1/2" x 1-1/2" Beveled Rip 6.00 lf 41 1 ---42436 7/A5.6 - 2x4 Sill 6.00 lf 33 6 ---39437 8/A3.17 - 1/2" Sheathing at Brick Ledge 25.00 sf 115 20 ---135438 8/A3.17 - 2x4 Framing Below Brick Ledge 52.00 lf 239 31 ---271439 8/A3.19 - (2) 2x4 at Canopy Fascia 10.00 lf 69 10 ---79440 8/A3.19 - 1/2" x 6-1/2" Ply at Canopy Fascia 5.00 lf 35 6 ---40441 8/A5.2 - 2x4 at Perimeter of Door Opening 20.00 lf 110 19 ---130442 8/A5.6 - (2) 2x12 20.00 lf 138 58 ---196443 8/A5.6 - (2) 1/2" x 14" Ply 20.00 lf 138 19 ---157444 8/A5.6 - 1/2" x 6-1/4" Ply 10.00 lf 69 12 ---81445 8/A5.6 - (2) 2x8 20.00 lf 110 41 ---151446 9,10/A3.19 - 1" Fire Treated Ply Soffit 6.00 sf 41 34 ---75447 9/A3.19 - (3) 2x4 141.00 lf 973 136 ---1,109448 9/A3.19 - 1/2" x 8" Ply 47.00 lf 324 65 ---389449 10/A3.16 - (2) 2x4 at App Bay Canopy 182.00 lf 1,005 176 ---1,180450 10/A3.19 - (3) 2x4 42.00 lf 290 41 ---330451 10/A3.19 - 1/2" x 8" Ply 14.00 lf 97 19 ---116452 127 Martel Construction Spreadsheet Report Page 17 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Rough Carpentry 10/A5.1 - 4x12 PT Wood Sill - Site Preservative Treated 10.00 lf 138 151 ---289453 11/A3.16 - (2) 2x6 Blocking at Antenna Pathway 8.00 ea 110 21 ---131454 11/A3.16 - 2x4x16 Blocking at Antenna Pathway 4.00 ea 55 5 ---60455 12/A3.16 - (4) 2x4 256.00 lf 1,413 247 ---1,660456 12/A3.16 - 2x10 64.00 lf 442 167 ---608457 12/A3.16 - 2x6 64.00 lf 442 92 ---534458 12/A3.16 - 3/4" x 5" Ply Rip 64.00 lf 442 55 ---497459 13/A3.16 - (2) 1/2" x 3-1/2" Ply 108.00 lf 745 74 ---819460 13/A3.16 - 3/4" x 5" Ply 54.00 lf 373 56 ---428461 13/A3.16 - (3) 2x4 162.00 lf 1,118 156 ---1,274462 13/A3.16 - 2x8 at Brick to Metal 54.00 lf 373 112 ---485463 15/A3.16 - SIP Splines at Roof Screen Wall Thermal Breaks 21.00 lf 0 50 ---50464 15/A3.16 - Wood Backing at Roof Screen Wall Thermal Breaks 53.00 lf 0 51 ---51465 15/A3.16 - Plywood at Roof Screen Wall Thermal Breaks 45.00 sf 0 37 ---37466 17/A3.16 - (2) 2x4 Backing at Alum Comp Panel 86.00 lf 475 83 ---558467 17/A3.16, 2/S5.0 - (2) 2x4 Backing at Alum Comp Panel 86.00 lf 475 83 ---558468 ALTERNATE - (2) 2x4 at Canopy to Brick 0.00 lf 0 0 ---0469 ALTERNATE - 1/2" x 6-1/2" Ply at Canopy to Brick 0.00 lf 0 0 ---0470 ALTERNATE - 1" Ply Backing 0.00 sf 0 0 ---0471 IT202 Plywood Backer Board 135.00 sf 466 392 ---857472 Rough Carpentry 13,453.00 sf 46,554 38,257 84,811 2 x 4 Wall Framing473 2 x 4 PT Sill 367.00 lf 0 352 ---352474 2 x 4 Sill 117.00 lf 0 70 ---70475 2 x 4 Top Plate 834.00 lf 0 500 ---500476 2 x 4 Top Plate - Beveled 147.00 lf 0 88 ---88477 2 x 4 x 12' Studs 167.00 ea 0 1,202 ---1,202478 2 x 4 x 14' Studs 243.00 ea 0 7,308 ---7,308479 2 x 4 x 16' Studs 5.00 ea 0 172 ---172480 2 x 4 x 22' Studs 2.00 ea 0 95 ---95481 2 x 4 x 24' Studs 7.00 ea 0 361 ---361482 2 x 4 Blocking 109.00 lf 0 65 ---65483 2 x 4 Fire Blocking 153.00 lf 0 92 ---92484 2 x 4 Heads, Sills & Cripples 362.00 lf 0 217 ---217485 128 Martel Construction Spreadsheet Report Page 18 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 2 x 4 Wall Framing 13,453.00 sf 10,523 10,523 2 x 6 Wall Framing486 Sill Seal 369.00 lf 0 111 ---111487 2 x 6 PT Sill 758.00 lf 0 1,092 ---1,092488 2 x 6 Sill 451.00 lf 0 433 ---433489 2 x 6 Sill at Parapets 255.00 lf 0 245 ---245490 2 x 6 TP at Parapet Framing 518.00 lf 0 497 ---497491 2 x 6 Top Plate 2,042.00 lf 0 1,960 ---1,960492 2 x 6 Top Plate - Beveled at Non-Structural Partitions 37.00 lf 0 36 ---36493 5/S5.3 - 2x6 Bevel TP 7.00 lf 0 7 ---7494 2 x 6 x 2 Studs at Parapet 103.00 ea 0 198 ---198495 2 x 6 x 4 Studs at Parapet 77.00 ea 0 296 ---296496 2 x 6 x 6 Studs at Parapet 37.00 ea 0 213 ---213497 2 x 6 x 10' Studs 118.00 ea 0 1,133 ---1,133498 2 x 6 x 12' Studs 489.00 ea 0 5,633 ---5,633499 2 x 6 x 14' Studs 233.00 ea 0 10,921 ---10,921500 2 x 6 x 16' Studs 73.00 ea 0 3,910 ---3,910501 2 x 6 x 22' Studs 12.00 ea 0 884 ---884502 2 x 6 x 24' Studs 26.00 ea 0 2,089 ---2,089503 2 x 6 x 26' Studs 16.00 ea 0 1,393 ---1,393504 2 x 6 x 30' Studs 10.00 ea 0 1,004 ---1,004505 2 x 6 Blocking 2,313.00 lf 0 2,220 ---2,220506 2 x 6 Fire Blocking 72.00 lf 0 69 ---69507 2 x 6 Heads, Sills & Cripples 1,452.00 lf 0 1,394 ---1,394508 2 x 6 Heads, Sills & Cripples - LSL 64.00 lf 0 214 ---214509 2x6 Infill Framing Sill & Head 164.00 lf 0 157 ---157510 2 x 6 Wall Framing 13,453.00 sf 36,110 36,110 Window & Door Framing511 2 x 4 x 8' Trimmer 39.00 ea 0 188 ---188512 2 x 4 x 10' Trimmer 3.00 ea 0 18 ---18513 2 x 6 x 8' Trimmer 30.00 ea 0 230 ---230514 2 x 6 x 10' Trimmer 95.00 ea 0 912 ---912515 2 x 6 x 12' Trimmer 28.00 ea 0 323 ---323516 2 x 6 x 16' Trimmer 8.00 ea 0 429 ---429517 2 x 4 x 12' King Stud 14.00 ea 0 101 ---101518 2 x 4 x 14' King Stud 22.00 ea 0 662 ---662519 2 x 6 x 12' King Stud 93.00 ea 0 1,071 ---1,071520 2 x 6 x 14' King Stud 17.00 ea 0 797 ---797521 2 x 6 x 16' King Stud 20.00 ea 0 1,071 ---1,071522 2 x 6 x 24' King Stud 6.00 ea 0 482 ---482523 2 x 6 x 26' King Stud 4.00 ea 0 348 ---348524 129 Martel Construction Spreadsheet Report Page 19 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Window & Door Framing 2 x 6 x 30' King Stud 6.00 ea 0 603 ---603525 2x4 Headers at Non-Structural Partitions 17.00 ea 0 36 ---36526 2x6 Headers at Non-Structural Partitions 4.00 ea 0 22 ---22527 (2) 2x8 Header 10.00 ea 0 92 ---92528 (2) 2x10 Header 20.00 ea 0 373 ---373529 (3) 2x10 Header 3.00 ea 0 120 ---120530 5/8" x 3-1/2" x 8' Ply Rip at Built Up Post 1.00 ea 0 2 ---2531 5/8" x 3-1/2" x 10' Ply Rip at Built Up Post 1.00 ea 0 3 ---3532 3/4" x 5-1/2" x 12' Ply Rip at Built Up Post 4.00 ea 0 34 ---34533 5/8" x 5-1/2" x 10' Ply Rip at Built Up Post 5.00 ea 0 23 ---23534 5/8" x 5-1/2" x 12' Ply Rip at Built Up Post 2.00 ea 0 11 ---11535 Window & Door Framing 13,453.00 sf 7,952 7,952 Roof Framing536 1/S5.4 - 4x6 Bevel Brg Plate 30.00 lf 0 151 ---151537 1/S5.4 - 2x12 Spline 30.00 lf 0 96 ---96538 1/S6.2 - 4x6 Bearing Plate 9.00 lf 0 45 ---45539 1/S6.2 - 2x12 Spline 9.00 lf 0 29 ---29540 2/S5.4 - 2x6 Bevel Brg Plate 24.00 lf 0 23 ---23541 2/S6.1 - 4x6 Bevel Brg Plate 16.00 lf 0 81 ---81542 2/S6.1 - 2x12 Spline 16.00 lf 0 51 ---51543 3/S5.4 - 2x6 Bearing Plate 31.00 lf 0 30 ---30544 4/S5.3 - 2x10 Ledger 142.00 lf 0 285 ---285545 4/S5.3 - 2x12 SIP Spline 142.00 lf 0 453 ---453546 5/S5.4 - (4) Bearing Plates 132.00 lf 0 127 ---127547 5/S5.4 - (2) Bevel Bearing Plate 66.00 lf 0 63 ---63548 5/S5.4 - 2x12 Spline 33.00 lf 0 105 ---105549 5/S5.4 SIM - (2) Bevel Brg Plate 14.00 lf 0 13 ---13550 5/S5.4 SIM - 2x12 SIP Spline 7.00 lf 0 22 ---22551 6/S5.4 - (2) 2x6 Bevel Brg Plate 170.00 lf 0 163 ---163552 6/S5.4 - 2x12 SIP Spline 85.00 lf 0 271 ---271553 7/S5.3 - (2) Beveled 2x6 TP 20.00 lf 0 19 ---19554 7/S5.3 - 2x12 Spline 10.00 lf 0 32 ---32555 7/S5.4 - 4x6 Bearing Plate 10.00 lf 0 50 ---50556 7/S5.4 - 2x6 Ledger 10.00 lf 0 10 ---10557 7/S5.4 - 2x12 Spline 10.00 lf 0 32 ---32558 130 Martel Construction Spreadsheet Report Page 20 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Roof Framing 8/S6.3 - 2x6 Beveled Bearing Plate 24.00 lf 0 23 ---23559 9/S5.3 - (2) Beveled 2x6 TP 44.00 lf 0 42 ---42560 9/S5.3 - 2x12 Spline 22.00 lf 0 70 ---70561 10/S5.3 - 4x6 Beveled Brg Plate 63.00 lf 0 318 ---318562 12/S5.3 - Bevel 2x6 TP 8.00 lf 0 8 ---8563 12/S5.4 - 4x6 Bearing Plate 99.00 lf 0 499 ---499564 13/S5.4 - 2x4 Bevel Bearing Plate 8.00 lf 0 5 ---5565 1/S6.1 - 2x10 Ledger 17.00 lf 0 34 ---34566 1/S6.1 - 2x12 End Spline 17.00 lf 0 54 ---54567 2/S6.1 - 4x6 Bevel Brg Plate 122.00 lf 0 615 ---615568 2/S6.1 - 2x12 Spline 122.00 lf 0 389 ---389569 3/S6.1 - (2) Beveled 2x6 TP 138.00 lf 0 132 ---132570 2/S6.1 - 2x12 Spline 69.00 lf 0 220 ---220571 3/S6.2 - 2x6 Bearing Plate 27.00 lf 0 26 ---26572 3/S6.2 - SIP Spline 27.00 lf 0 86 ---86573 3/S6.2 - 2x6 Bearing Plate 9.00 lf 0 9 ---9574 4/S5.3 - 2x10 Ledger 30.00 lf 0 60 ---60575 4/S5.3 - 2x12 SIP Spline 30.00 lf 0 96 ---96576 4/S6.1 - (1) PT 2x12 Plate 35.00 lf 0 102 ---102577 4/S6.1 - (1) 2x12 Plate 35.00 lf 0 112 ---112578 4/S6.2 - 2x10 Ledger 9.00 lf 0 18 ---18579 4/S6.2 - SIP Spline 9.00 lf 0 29 ---29580 5/S6.1 - 2x10 Ledger 17.00 lf 0 34 ---34581 5/S6.1 - 2x12 End Spline 17.00 lf 0 54 ---54582 8/S6.2 - 2x6 Beveled TP 25.00 lf 0 24 ---24583 10/S6.1 - 4x6 Bevel Brg Plate 82.00 lf 0 413 ---413584 11/S6.1 - (2) 2x6 Bevel TP 120.00 lf 0 115 ---115585 11/S6.1 - 2x12 SIP Spline 60.00 lf 0 192 ---192586 12/S6.1 - 2x10 Ledger 31.00 lf 0 62 ---62587 12/S6.1 - 2x12 SIP Spline 31.00 lf 0 99 ---99588 Roof Framing 13,453.00 sf 6,092 6,092 Stair Framing589 1-1/8" x 12" x 3'-4" Tread 18.00 ea 0 156 ---156590 1-1/8" x 12" x 4'-0" Tread 6.00 ea 0 63 ---63591 1-3/4" x 11-7/8" Stair Stringers - 8' Length 15.00 ea 0 1,102 ---1,102592 1-3/4" x 11-7/8" Stair Stringers - 12' Length 5.00 ea 0 551 ---551593 1-1/8" x 12" x 3'-4" Tread 21.00 ea 0 29 ---29594 1-1/8" x 12" x 4'-0" Tread 7.00 ea 0 11 ---11595 2x8 Landing Framing 91.00 lf 0 116 ---116596 2x8 Ledger 4.00 lf 0 5 ---5597 131 Martel Construction Spreadsheet Report Page 21 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Stair Framing 3/4" Subfloor at Landing 72.00 sf 0 112 ---112598 3/4" x 6" Hilti Kwik Bolt 22.00 ea 0 277 ---277599 5-1/8" x 12" x 8' GLB 1.00 ea 0 277 ---277600 Landing Framing - 2x4 PT Sill 29.00 lf 0 28 ---28601 Landing Framing - 2x4 Stud 99.00 lf 0 60 ---60602 Landing Framing - 2x4 TP 58.00 lf 0 35 ---35603 Landing Framing - 2x4 Ledger 7.00 lf 0 4 ---4604 LUS28 Hanger 14.00 ea 0 37 ---37605 Stair Framing 13,453.00 sf 2,863 2,863 Backing & Blocking606 Wood Backing 1,775.00 bf 16,330 1,704 ---18,034607 Backing & Blocking 13,453.00 sf 16,330 1,704 18,034 Floor Framing608 2/S5.3 - 4x6 Bearing Plate 94.00 lf 0 474 ---474609 3/S5.4 - 2x6 Bearing Plate 30.00 lf 0 29 ---29610 3/S5.6 - (2) Brg Plate @ W14x30 Beam - 2x8 30.00 lf 0 38 ---38611 3/S5.6 - (2) Brg Plate @ W16x26 Beam - 2x6 22.00 lf 0 21 ---21612 3/S5.6 - (2) Brg Plate @ W16x40 Beam - 2x8 40.00 lf 0 51 ---51613 4/S5.4 - 4x6 Bearing Plate 54.00 lf 0 272 ---272614 13/S5.3 - Beam Packout - 3x14 7.00 lf 0 62 ---62615 13/S5.3 - Beam Packout - 3/4" x 13" Plywood 7.00 lf 0 22 ---22616 13/S5.3 - (2) 2x6 Bearing Plates 14.00 lf 0 13 ---13617 Floor Framing 13,453.00 sf 982 982 Ceiling & Soffit Framing618 2 x 4 Ceiling Framing 1,810.00 bf 14,979 1,629 ---16,608619 2 x 6 Ceiling Framing 2,032.00 bf 11,217 1,951 ---13,167620 2 x 8 Ceiling Framing 16.00 bf 66 15 ---82621 2 x 12 Ceiling Framing 52.00 bf 144 83 ---227622 Ceiling & Soffit Framing 13,453.00 sf 26,406 3,678 30,084 Subflooring623 Plywood Subfloor 3/4" T&G - Floor Framing 2,367.00 sf 0 3,693 ---3,693624 Plywood Subfloor 3/4" T&G - Floor Framing (Over Sound Board) 2,253.00 sf 2,591 3,515 ---6,106625 Subflooring 13,453.00 sf 2,591 7,207 9,798 Wood Panel Sheathing626 132 Martel Construction Spreadsheet Report Page 22 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Wood Panel Sheathing 1/2" Plywood Wall Sheathing 15,140.00 sf 0 12,354 ---12,354627 1/2" Plywood Parapet Sheathing 1,070.00 sf 0 873 ---873628 1/2" Plywood Soffit Sheathing 33.00 sf 0 27 ---27629 5/8" Plywood Parapet Sheathing 577.00 sf 0 589 ---589630 Wood Panel Sheathing 13,453.00 sf 13,843 13,843 Laminated Veneer Lumber631 1/S5.3 - 1-1/4" x 14" LVL Rim - Floor Framing 25.00 lf 0 0 ---0632 3/S5.3 - 1-1/4" x 14" LVL Rim - Floor Framing 70.00 lf 0 0 ---0633 5-1/4" x 14" x 4' LVL Beam 2.00 ea 0 0 ---0634 5-1/4" x 14" x 18' LVL Beam 4.00 ea 0 0 ---0635 5/S5.4 - 1-1/4" x 14" LVL Blocking 37.00 lf 0 0 ---0636 8/S5.4 - 1-1/4" x 14" LVL Rim 33.00 lf 0 0 ---0637 Laminated Veneer Lumber 13,453.00 sf Wood I-Joists638 1/S5.3 - 14" Red I-90 Joist Blocking 500.00 lf 0 0 ---0639 2/S5.3 - 14" Red I-90 Joist Blocking 94.00 lf 0 0 ---0640 2/S5.6 - 14" Red I-90 Joist Blocking 39.00 lf 0 0 ---0641 4/S5.4 - 14" Red I-90 Joist Blocking 54.00 lf 0 0 ---0642 4/S5.6 - 14" Red I-90 Joist Blocking 30.00 lf 0 0 ---0643 9/S5.4 - 14" Red I-90 Joist Blocking 8.00 lf 0 0 ---0644 14" Red I-90 Floor Joist - 5' Length 6.00 ea 0 0 ---0645 14" Red I-90 Floor Joist - 6' Length 8.00 ea 0 0 ---0646 14" Red I-90 Floor Joist - 7' Length 6.00 ea 0 0 ---0647 14" Red I-90 Floor Joist - 8' Length 2.00 ea 0 0 ---0648 14" Red I-90 Floor Joist - 9' Length 35.00 ea 0 0 ---0649 14" Red I-90 Floor Joist - 10' Length 24.00 ea 0 0 ---0650 14" Red I-90 Floor Joist - 11' Length 22.00 ea 0 0 ---0651 14" Red I-90 Floor Joist - 12' Length 3.00 ea 0 0 ---0652 14" Red I-90 Floor Joist - 13' Length 11.00 ea 0 0 ---0653 14" Red I-90 Floor Joist - 18' Length 36.00 ea 0 0 ---0654 14" Red I-90 Floor Joist - 20' Length 19.00 ea 0 0 ---0655 Red Built - Quote for Supply LVL, Joist and Hangers 2,367.00 SF 39,550 ---39,550656 Wood I-Joists 13,453.00 sf 39,550 39,550 GluLam Construction657 5-1/8" x 15" x 8' GLB - Roof Framing 3.00 ea 0 1,037 ---1,037658 5-1/8" x 12" x 8' Glulam Header 3.00 ea 0 832 ---832659 5-1/8" x 12" x 12' Glulam Header 1.00 ea 0 347 ---347660 5-1/8" x 15" x 12' Glulam Header 2.00 ea 0 1,037 ---1,037661 5-1/8" x 15" x 16' Glulam Header 1.00 ea 0 691 ---691662 5-1/8" x 15" x 4' GLB - Floor Framing 1.00 ea 0 173 ---173663 5-1/8" x 15" x 18' GLB - Arch Finish 1.00 ea 0 972 ---972664 5-1/8" x 15" x 18' GLB 1.00 ea 0 777 ---777665 GluLam Construction 13,453.00 sf 5,865 5,865 Standard Wood Trim666 Misc. Wood Trim / Finish Carpenry - Scope TBD 13,664.00 sf 7,543 6,832 ---14,375667 133 Martel Construction Spreadsheet Report Page 23 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Standard Wood Trim 13,453.00 sf 7,543 6,832 14,375 Prefinished Paneling668 FRP Panel 731.00 sf 5,044 *---5,044669 FRP Panel J Trim 236.00 lf 651 *---651670 FRP Panel Inside Corner Trim 48.00 lf 132 *---132671 FRP Panel Outside Corner Trim 24.00 lf 66 *---66672 FRP Panel Divider Trim 137.00 lf 378 *---378673 Supply FRP Package 1.00 ls *3,426 ---3,426674 Prefinished Paneling 13,453.00 sf 6,272 3,426 9,698 Laminate-Clad Casework675 100 - Base Cabinets 8.50 lf **0 --0676 100 - Wall Cabinets 8.50 lf **0 --0677 104 - Wardrobe Cabinets 21.00 ea **0 --0678 113 - Base Cabinet 1.00 lf **0 --0679 113 - PLam Fascia / Counter Support 5.50 lf **0 --0680 114 - Base Cabinet 1.00 lf **0 --0681 114 - PLam Fascia / Counter Support 5.17 lf **0 --0682 115 - Base Cabinets 8.50 lf **0 --0683 115 - Open Shelving 8.50 lf **0 --0684 119 - Base Cabinets 38.00 lf **0 --0685 119 - Open Shelving 5.00 lf **0 --0686 119 - Pantry Cabinets 7.50 lf **0 --0687 119 - Wall Cabinets 18.75 lf **0 --0688 123A - Open Shelving 5.50 lf **0 --0689 124 - Base Cabinets 6.33 lf **0 --0690 134 - Open Shelving 8.00 lf **0 --0691 138 - PLam Fascia / Counter Support 4.50 lf **0 --0692 Supply & Install Casework & Countertops 1.00 ls 104,237 --104,237693 Laminate-Clad Casework 13,453.00 sf 104,237 104,237 Countertops694 100 - Countertop 14.00 sf **0 --0695 113 - Quartz Countertop 10.00 sf **0 --0696 114 - Quartz Countertop 12.00 sf **0 --0697 115 - PLam Countertop 19.00 sf **0 --0698 119 - Quartz Countertop 99.00 sf **0 --0699 124 - PLam Countertop 13.00 sf **0 --0700 127 - Butcher Block Counter 83.00 sf **0 --0701 134 - Butcher Block Counter 18.00 sf **0 --0702 138 - Quartz Countertop 9.00 sf **0 --0703 Solid Surface Sills 62.00 lf **0 --0704 Countertops 13,453.00 sf WOOD & PLASTICS #######sf 105,696 223,219 338,637 12,920 680,472 07-000 0 THERMAL & MOISTURE PROT. 705 Foundation Dampproofing 706 Bituminous Dampproofing - Typically not Required per Geotech 2,745.00 sf **---0707 134 Martel Construction Spreadsheet Report Page 24 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Foundation Dampproofing 13,453.00 sf Foundation Insulation708 Foundation Insulation - BSI R-Shield 250 Perimeter Insulation 2,067.00 sf 1,189 2,687 ---3,876709 Foundation Insulation - 1" x 6" Rip at Foundation Wall 517.00 lf 1,427 595 ---2,021710 Foundation Insulation 13,453.00 sf 2,615 3,282 5,897 Rigid Insulation711 1" EPS Continuous Exterior Insulation 8,414.00 sf **29,449 --29,449712 3" EPS Continuous Exterior Insulation 2,160.00 sf **9,720 --9,720713 1" Z Girts at Metal Panels 2,323.00 sf **6,969 --6,969714 3" Z Girts at Metal Panels 1,375.00 sf **5,156 --5,156715 Rigid Insulation at Snow Melt - Base - BSI R-Shield 600 Underslab 1,140.00 sf 983 6,042 ---7,025716 Hat Channel Furring 1,418.00 sf **5,672 --5,672717 Solarwall Standoff Framing 319.00 sf **2,552 --2,552718 Rigid Insulation at Snow Melt - Alternate 2 - BSI R-Shield 600 Underslab 210.00 sf 181 1,113 ---1,294719 Rigid Insulation 13,453.00 sf 1,164 7,155 59,518 67,838 Sprayed Insulation720 Sprayed Urethane Insulation - 2" Thickness 8,418.00 sf --47,894 --47,894721 Sprayed Insulation 13,453.00 sf 47,894 47,894 Blanket Insulation722 Blanket Insulation - Interior 3-1/2" Fiberglass 7,960.00 sf --0 --0723 Blanket Insulation - Interior 6" Fiberglass 2,939.00 sf --0 --0724 Misc Insulation - Seal Window & Door Openings, Etc.13,453.00 sf --0 --0725 Blanket Insulation - Exterior 3-1/2" Fiberglass 8,414.00 sf --0 --0726 Blanket Insulation 13,453.00 sf SIPS727 Low Roof - 12-1/4" SIPS 3,325.00 sf 0 **--0728 Low Roof - SIPS - Misc. Tape, Slines / Splices 3,325.00 sf 0 831 *--831729 SIPS - Hoisting - 30 Ton Crane, Operator, Fuel 1.00 mo 0 ***-0730 High Roof - 12-1/4" SIPS 2,976.00 sf 0 **--0731 High Roof - SIPS - Misc. Tape, Slines / Splices 2,976.00 sf 0 744 *--744732 Supply SIPS 6,301.00 sf *125,187 *--125,187733 Low Roof - SIPS - Field Nailing 3,325.00 sf 0 100 *--100734 High Roof - SIPS - Field Nailing 2,976.00 sf 0 89 *--89735 SIPS 13,453.00 sf 126,951 126,951 Vapor Retarders736 135 Martel Construction Spreadsheet Report Page 25 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Vapor Retarders Self Adhered Air / Weather Barrier 11,569.00 sf **56,785 --56,785737 Vapor Retarders 13,453.00 sf 56,785 56,785 Metal Siding & Soffit738 Prefinished Metal Fascia at Canopies 192.00 lf **0 --0739 Pac-Clad Steel Wall Panels 2,793.00 sf **0 --0740 Pac-Clad Steel Soffit Panels 991.00 sf **0 --0741 Solarwall Panel 319.00 sf **17,545 --17,545742 Metal Panels MP-1, MP-2, MCM1, SP1 3,806.00 sf 276,904 --276,904743 Metal Siding & Soffit 13,453.00 sf 294,449 294,449 Membrane Roofing744 Membrane Roofing - Fully Adhered TPO - Canopies - Base Insulation / Taper / Cover Board / Membrane 766.00 sf --0 --0745 Membrane Roofing - Fully Adhered TPO - Metal Deck - Base Insulation / Taper / Cover Board / Membrane 4,547.00 sf --0 --0746 Membrane Roofing - Fully Adhered TPO - SIPS - Taper / Cover Board / Membrane 6,359.00 sf --0 --0747 Membrane Roofing - Temporary Protection 819.00 sf 1,292 2,048 *--3,339748 Roofing Subcontract 1.00 ls --254,065 --254,065749 Membrane Roofing 13,453.00 sf 1,292 2,048 254,065 257,404 Flashing & Sheet Metal750 Flashing & Sheet Metal - Supply to Mason as Required 13,664.00 sf -4,782 *--4,782751 Flashing & Sheet Metal 13,453.00 sf 4,782 4,782 Roof Accessories752 Roof Anchors 7.00 ea 773 5,390 *--6,163753 Wall Anchors 5.00 ea 276 350 *--626754 Roof Accessories 13,453.00 sf 1,049 5,740 6,789 Fire-Resistant Sealants755 Penetration Firestopping - Misc. Sub Assist 13,664.00 sf 1,257 683 *--1,940756 Fire-Resistant Sealants 13,453.00 sf 1,257 683 1,940 Joint Sealants757 Joint Sealants 13,664.00 sf --3,416 --3,416758 Caulk Masonry Control Joints 218.00 lf --3,270 --3,270759 6/S4.1 - Joint Sealant at Bay Doors 85.00 lf --1,275 --1,275760 Joint Sealants 13,453.00 sf 7,961 7,961 THERMAL & MOISTURE PROT. #######sf 7,377 150,641 720,672 878,691 08-000 0 DOORS & WINDOWS761 762 136 Martel Construction Spreadsheet Report Page 26 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Steel Doors & Frames762 3'-0" x 4'-0" Type F1 HM Frame 1.00 ea 110 0 ---110763 2'-6" x 7'-0" Type F1 HM Frame 1.00 ea 110 0 ---110764 3'-0" x 7'-0" Type F1 HM Frame 17.00 ea 1,877 0 ---1,877765 3'-6" x 7'-0" Type F1 HM Frame 6.00 ea 662 0 ---662766 6'-0" x 7'-0" Type F1 HM Frame 2.00 ea 331 0 ---331767 3'-0" x 7'-0" Type F4 HM Frame 4.00 ea 442 0 ---442768 3'-6" x 7'-0" Type F4 HM Frame 2.00 ea 221 0 ---221769 6'-0" x 7'-0" Type F4 HM Frame 1.00 ea 166 0 ---166770 3'-0" x 7'-0" Type F2 HM Frame 4.00 ea 662 0 ---662771 3'-0" x 7'-0" Type F3 HM Frame 2.00 ea 331 0 ---331772 3'-0" x 7'-0" Type F5 HM Frame 1.00 ea 166 0 ---166773 3'-0" x 7'-0" Type F6 HM Frame 1.00 ea 166 0 ---166774 3'-0" x 7'-0" Type F7 HM Frame 1.00 ea 166 0 ---166775 3'-0" x 7'-0" Type F8 HM Frame 1.00 ea 166 0 ---166776 Montana Doorways Plus - Supply only 1.00 ea 166 136,588 ---136,754777 Grout Frame - Single 5.00 ea 552 250 ---802778 Grout Frame - Double 1.00 ea 166 50 ---216779 Grout Frame - Sidelite 2.00 ea 331 100 ---431780 Grout Frame - Window Frames (2)2.00 ea 331 100 ---431781 Distribute Doors & Frames 52.00 ea 718 ----718782 3'-0" x 4'-0" HM Door 1.00 ea 110 0 ---110783 3'-0" x 7'-0" HM Door 34.00 ea 3,754 0 ---3,754784 3'-6" x 7'-0" HM Door 3.00 ea 331 0 ---331785 Steel Doors & Frames 13,453.00 sf 12,034 137,088 149,122 Wood Doors786 3'-0" x 7'-0" Wood Door 6.00 ea 662 0 --662787 Wood Doors 13,453.00 sf 662 662 Access Doors & Panels788 Access Doors 8.00 ea 442 1,200 ---1,642789 Access Doors & Panels 13,453.00 sf 442 1,200 1,642 Special Function Doors790 Four Fold Doors - 14'-0" x 14'-0"3.00 ea **199,968 --199,968791 Four Fold & Sectional Doors - Subcontract 1.00 ls 0 --792 Special Function Doors 13,453.00 sf 199,968 199,968 Overhead Doors793 Overhead Doors - 14'-0" x 14'-0"3.00 ea --54,651 --54,651794 Overhead Doors 13,453.00 sf 54,651 54,651 Metal-Framed Storefronts795 Aluminum Storefront Single Door w/ Hardware 4.00 ea ----796 Aluminum Storefront Double Door w/ Hardware 2.00 ea ----797 Interior Aluminum Storefront Frame - SF.5 56.00 sf ----798 137 Martel Construction Spreadsheet Report Page 27 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Metal-Framed Storefronts Interior Aluminum Curtainwall Frame - Frame 100B CW.3 126.00 sf ----799 Interior Aluminum Storefront Frame - Frame 116B SF.4 22.00 sf ----800 CW.1 112.00 sf ----801 CW.2 74.00 sf ----802 CW.4 78.00 sf ----803 SF.1 17.00 sf ----804 SF.2 20.00 sf ----805 SF.3 22.00 sf ----806 SF.6 146.00 sf ----807 Glazing Subcontract 1.00 ls --177,374 --177,374808 Metal-Framed Storefronts 13,453.00 sf 177,374 177,374 Steel Windows809 HM-1 Window - 4'-4" x 6'-0"2.00 ea 442 2,000 --2,442810 Steel Windows 13,453.00 sf 442 2,000 2,442 Aluminum Windows811 AW.1 6.00 ea **0 --0812 AW.2 8.00 ea **0 --0813 AW.3 1.00 ea **0 --0814 Aluminum Windows 13,453.00 sf Door Hardware815 Door Hardware 52.00 ea 22,963 0 ---22,963816 Inventory & Distribute Hardware 52.00 door 718 ----718817 Door Hardware 13,453.00 sf 23,681 23,681 Glass & Glazing818 Lites at Steel Window Frames 2.00 ea ----819 1/2" Lites at Wood & HM Doors 7.00 ea ----820 Sidelites at Type F2 Frames 4.00 ea ----821 Sidelites at Type F3 Frames 2.00 ea ----822 Sidelites at Type F5 Frames 1.00 ea ----823 Sidelites & Transoms at Type F6 Frames 1.00 ea ----824 Sidelites & Transoms at Type F7 Frames 1.00 ea ----825 FH Lites at Wood & HM Doors 2.00 ea ----826 Sidelites & Transoms at Type F8 Frames 1.00 ea ----827 Glass & Glazing 13,453.00 sf DOORS & WINDOWS #######sf 37,260 140,288 431,993 609,541 09-000 0 FINISHES828 Temporary Heat829 Temporary Heat ((2) 1 MBTU Heater) - Natural Gas by Owner 4.00 mo 5,299 *2,000 27,600 -34,899830 Temporary Enclosures for Heat 2,303.00 sf 2,543 2,188 ---4,730831 Solarwall Standoff Framing - See Div. 7 0.00 sf **---0832 Temporary Heat 13,453.00 sf 7,842 2,188 2,000 27,600 39,630 Gypsum Board833 138 Martel Construction Spreadsheet Report Page 28 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Gypsum Board 5/8" Drywall (Inc. 25% Double Layer, Acoustic & Abuse Resistant Board) 38,909.00 sf **181,935 --181,935834 Cementitious Backer Board 2,490.00 sf **8,715 --8,715835 Hat Channel Over CMU 626.00 sf **2,504 --2,504836 Acoustical / Fire Sealants 1.00 est 0 --837 Gypsum Board 13,453.00 sf 193,154 193,154 Exterior Gypsum Sheathing838 Exterior Gypsum Sheathing - Under Canopies 0.00 sf 0 0 ---0839 Exterior Gypsum Sheathing 13,453.00 sf Ceramic Tile840 CT-1 Porcelain Tile Floor 453.00 sf ----841 CT-2 Porcelain Tile Shower Pans 62.00 sf ----842 CT-3 Wall Tile 1,518.00 sf ----843 CT-3 Wall Tile at Showers 478.00 sf ----844 CT-3 Wall Tile at Wash Alcoves 454.00 sf ----845 Tile Backsplash at Kitchen 40.00 sf ----846 Ceramic Tile 13,453.00 sf Polished Concrete Floors847 Grind and Polish Concrete Floor 3,096.00 sf --31,615 --31,615848 Seal Concrete Control Joints in Polished or Sealed Concrete Floors 500.00 lf --1,375 --1,375849 Install Floor Protection at Polished Concrete Floor 3,096.00 sf 1,139 6,192 *--7,331850 Remove Floor Protection at Polished Concrete Floor 3,096.00 sf 570 -*--570851 Concrete Floor Sealer 474.00 sf --1,019 --1,019852 Concrete Floor Sealer / Densifier 5,899.00 sf --12,595 --12,595853 Polished Concrete Floors 13,453.00 sf 1,709 6,192 46,604 54,505 Acoustical Ceilings854 Acoustical Ceilings - APC-1 1,258.00 sf --19,248 --19,248855 Acoustical Ceilings - APC-2 1,243.00 sf --15,925 --15,925856 Acoustical Ceilings - SAP 1 1,243.00 sf --4,923 --4,923857 Acoustical Ceilings 13,453.00 sf 40,095 40,095 Resilient Flooring858 Vinyl Wall Base - Traditional 867.00 lf --0 --0859 Vinyl Wall Base - Millwork Style 738.00 lf ----860 AF-1 Athletic Flooring 387.00 sf ----861 LVT-2 Flooring 2,094.00 sf ----862 RT-1 Rubber Tile Flooring 170.00 sf ----863 Rubber Stringer Base 132.00 lf ----864 Rubber Treads 110.00 lf ----865 Rubber Landings 71.00 sf ----866 Flooring and Tile - Subcontract 13,453.00 sf --129,865 --129,865867 Resilient Flooring 13,453.00 sf 129,865 129,865 Carpet868 139 Martel Construction Spreadsheet Report Page 29 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Carpet CPT-1 Carpet Tile 207.00 sf --*--0869 Carpet 13,453.00 sf Paint Finishes870 Paint Steel Stairs (Stair 2)1.00 ea --0 --0871 Paint Steel Guardrails 74.00 lf --0 --0872 Paint Drywall Walls & Ceilings 26,558.00 sf --0 --0873 Paint CMU 5,432.00 sf --0 --0874 Paint Exposed Ceiling Structure (Steel Joist / Deck)4,556.00 sf --0 --0875 Paint Steel Grab Rails 106.00 lf --0 --0876 Paint Exposed Ceiling Structure (SIP)2,525.00 sf --0 --0877 Paint Bollards 12.00 ea --0 --0878 Paint Steel Screen Wall Framing 45.00 lf --0 --0879 Paint Bent Plate Trim at Four Fold Doors 84.00 lf --0 --0880 Paint Doors / Frames 67.00 ea **0 --0881 Painting Subcontract - 9-9100 complete 13,453.00 SF 135,213 --135,213882 Paint Finishes 13,453.00 sf 135,213 135,213 Concrete/Masonry Coatings883 Masonry Sealer - Interior Exposed Burnished Block 3,359.00 sf --*--0884 Masonry Sealer - Exterior CMU Veneer 7,729.00 sf --*--0885 Masonry Sealer / Anti Graffiti Coating 1.00 ls --24,300 --24,300886 Concrete/Masonry Coatings 13,453.00 sf 24,300 24,300 FINISHES #######sf 9,551 8,380 571,231 27,600 616,762 10-000 0 SPECIALTIES887 Visual Display Boards888 Marker Boards 2.00 ea 331 1,358 ---1,689889 Tackboards - Assume not Required 0.00 ea **---0890 Visual Display Boards 13,453.00 sf 331 1,358 1,689 Wall & Corner Guards891 Stainless Steel Corner Guard 20.00 ea 552 1,000 ---1,552892 Wall & Corner Guards 13,453.00 sf 552 1,000 1,552 Flagpoles893 Flagpole - 25' Height 2.00 ea 1,766 14,846 ---16,612894 Flagpole - 30' Height 1.00 ea 1,104 0 ---1,104895 Flagpoles 13,453.00 sf 2,870 14,846 17,716 Graphics / Signage896 Interior Signage 34.00 ea 938 13,975 ---14,913897 Exterior BFD Symbol - Install only 1.00 ea 883 *---883898 Exterior "2" Symbol - Install only 1.00 ea 442 *---442899 Exterior Letters "FIRE STATION" - Install only 11.00 ea 1,214 *---1,214900 Exterior Bobcat Logo 1.00 ea 883 *---883901 140 Martel Construction Spreadsheet Report Page 30 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Graphics / Signage Vinyl Window Films / Graphics - Assume not Required 0.00 ea **---0902 Graphics / Signage 13,453.00 sf 4,361 13,975 18,336 Lockers903 Gear Grid Lockers 21.00 ea 2,318 13,957 ---16,275904 Lockers 13,453.00 sf 2,318 13,957 16,275 Fire Protection Specialty905 Fire Extinguishers 6.00 ea 166 *---166906 Fire Extinguisher Cabinets - Recessed 2.00 ea 110 *---110907 Fire Extinguisher Cabinets - Surface Mounted 2.00 ea 110 *---110908 Fire Extinguisher Cabinets - Wall Mount Bracket 2.00 ea 55 *---55909 Supply Fire Protection Specialties 1.00 ls *1,301 ---1,301910 Fire Protection Specialty 13,453.00 sf 442 1,301 1,743 Toilet Accessories911 SS Framed Mirror Units - Bobrick B-165 6.00 ea 331 1,350 ---1,681912 Grab Bar - 18" - ASI M3700 SS 15.00 ea 828 675 ---1,503913 Grab Bar - 24" - ASI M3700 SS 5.00 ea 276 275 ---551914 Grab Bar - 36" - ASI M3700 SS 6.00 ea 331 270 ---601915 Grab Bar - 42" - ASI M3700 SS 6.00 ea 331 360 ---691916 Toilet Paper Dispenser - OFCI 6.00 ea 166 1,320 ---1,486917 Soap Dispenser - OFCI 8.00 ea 221 *---221918 Soap Dish - Bobrick B-4380 5.00 ea 138 350 ---488919 Combination Towel Dispenser / Disposal Unit - Georgia Pacific SST 59466A PTD w/ SST 59491 Disposal 8.00 ea 442 8,800 ---9,242920 Mop & Broom Holder - AS 1315 shelf and mop holder TA-26 1.00 ea 55 130 ---185921 Utility Self - American Specilties M# 0692-836 shelf 36x8 TA-27 1.00 ea 55 130 ---185922 BOBRICK B-221216 Free Standing Waste Receptacle 10.00 ea 552 5,852 ---6,404923 Gear Grid 6' Broom Center 1.00 ea 110 *---110924 Toilet Accessories 13,453.00 sf 3,836 19,512 23,348 Bath Accessories925 Robe Hooks - ASI M7340 SS 5.00 ea 138 100 ---238926 Towel Shelf / Bar - Bobrick B-676 5.00 ea 276 1,100 ---1,376927 Shower Curtain Rod - ASI M1204 SS 5.00 ea 276 375 ---651928 141 Martel Construction Spreadsheet Report Page 31 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Bath Accessories 13,453.00 sf 690 1,575 2,265 SPECIALTIES #######sf 15,401 67,524 82,925 11-000 0 EQUIPMENT929 Laundry Equipment930 Washer / Dryers - Decon - OFOI 0.00 ea ***--0931 Washer / Dryers - Laundry - OFOI 0.00 ea ***--0932 Laundry Equipment 13,453.00 sf Audio-Visual Aids933 SAMSUNG 32-INCH CLASS QLED Q60A SERIES - 4K UHD DUAL LED QUANTUM HDR SMART TV WITH ALEXA BUILT IN (QN32Q60AAFXZA, 2021 MODEL) 2.00 ea 331 1,000 ---1,331934 SAMSUNG QN60Q60BAFXZA Q60B 60-INCH QLED 4K QUANTUM DUAL LED HDR SMART TV 2022 2.00 ea 442 1,875 ---2,317935 SAMSUNG 75-INCH CLASS QLED Q60B SERIES - 4K UHD DUAL LED QUANTUM HDR SMART TV WITH XBOX GAME PASS AND ALEXA BUILT-IN (QN75Q60BAFXZA, 2022 MODEL) 3.00 ea 662 4,121 ---4,783936 SANUS MODEL SMF421-B3 PREFERRED 26"-55" FULL-MOTION TV MOUNT 2.00 ea 221 200 ---421937 SANUS MODEL SLF428-B1 PREFERRED 37"-90" FULL MOTION TV MOUNT 5.00 ea 552 937 ---1,489938 Audio-Visual Aids 13,453.00 sf 2,208 8,133 10,341 Residential Equipment939 Refrigerator - BY OWNER PER PPD 0.00 ea ***--0940 Range Oven - BY OWNER PER PPD 0.00 ea ***--0941 Range Hood - BY OWNER PER PPD 0.00 ea ***--0942 Dishwasher - BY OWNER PER PPD 0.00 ea ***--0943 Microwave - BY OWNER PER PPD 0.00 ea ***--0944 BBQ - ASSUME BY OWNER 0.00 ea ***--0945 Residential Equipment 13,453.00 sf Athletic Equipment946 Athletic Equipment - BY OWNER 0.00 ea ***--0947 Athletic Equipment 13,453.00 sf Industrial Equipment948 Mobile Hose Racks - Relocate from Existing Fire Station - BY OWNER 0.00 ea ***--0949 142 Martel Construction Spreadsheet Report Page 32 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Industrial Equipment Extractor - OFOI 0.00 ea ***--0950 SCBA & Compressor / Cascade System- OFOI 0.00 est ***--0951 Industrial Equipment 13,453.00 sf EQUIPMENT #######sf 2,208 8,133 10,341 12-000 0 FURNISHINGS952 Window Treatments953 Roller Shades - Manual 763.00 sf **13,746 --13,746954 Window Treatments 13,453.00 sf 13,746 13,746 Furniture955 Moveable Furnishings - BY OWNER 0.00 ea ***--0956 Furniture 13,453.00 sf Site Furnishings957 Bike Racks - Peak Racks 4-Bike Double Sided 1.00 ea 166 550 -*-716958 Site Furnishings 13,453.00 sf 166 550 716 FURNISHINGS #######sf 166 550 13,746 14,462 21-000 0 FIRE SUPPRESSION959 Fire Protection Piping960 Fire Sprinkler System 13,664.00 sf --64,300 --64,300961 Fire Protection Piping 13,453.00 sf 64,300 64,300 FIRE SUPPRESSION #######sf 64,300 64,300 22-000 0 PLUMBING962 Plumbing Fixtures963 Plumbing - Domestic Water, DWV, Gas Piping, Compressed Air, Snow Melt System 13,664.00 sf --1,898,598 --1,898,598964 Plumbing Fixtures 13,453.00 sf 1,898,598 1,898,598 PLUMBING #######sf 1,898,598 1,898,598 23-000 0 HVAC965 HVAC966 HVAC - VRF System 13,664.00 sf --925,998 --925,998967 143 Martel Construction Spreadsheet Report Page 33 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount HVAC 13,453.00 sf 925,998 925,998 Test & Balance968 Test & Balance 13,664.00 sf --0 --0969 Test & Balance 13,453.00 sf Mechanical Insulation970 Piping & Duct Insulation 13,664.00 sf --0 --0971 Mechanical Insulation 13,453.00 sf Instrumentation & Control972 HVAC Instrumentation & Controls 13,664.00 sf --0 --0973 Instrumentation & Control 13,453.00 sf HVAC #######sf 925,998 925,998 26-000 0 ELECTRICAL974 Electrical975 Electrical - Grounding, Gear, Feeders, Distribution, Lighting & Lighting Controls, Branch Circuits 13,664.00 sf --609,982 --609,982976 EV Charging Station 1.00 ea --0 --0977 Photovoltaic System - Assume Future Installation 0.00 est --*--0978 Light Poles & Bases 2.00 ea --0 --0979 Power Pedestals - Circuits / Boxes / Receptacles Only - Supply by Div. 5, Install by Div. 32 6.00 ea --0 --0980 ADD CORD REELS 6.00 ea 662 8,355 *--9,017981 Electrical 13,453.00 sf 662 8,355 609,982 618,999 Site Electrical Power982 Emergency Generator / Transfer Switch 1.00 est --0 --0983 Site Electrical Power 13,453.00 sf ELECTRICAL #######sf 662 8,355 609,982 618,999 27-000 0 COMMUNICATIONS984 Communications985 Communications Systems - Including Pulling Cable & Terminations - No Gear/Equipment/Devices 13,664.00 sf --54,653 --54,653986 Communications Systems - Fiber Optic Re-Locate 13,664.00 sf --13,100 --13,100987 Communications 13,453.00 sf 67,753 67,753 Sound & Video988 Audio / Visual Systems - Pathways Only 13,664.00 sf --0 --0989 Sound & Video 13,453.00 sf 144 Martel Construction Spreadsheet Report Page 34 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount COMMUNICATIONS #######sf 67,753 67,753 28-000 0 ELECTRONIC SAFETY & SECURITY 990 Security & Surveillance991 CCTV / Security System / Acess Control Complete 13,664.00 sf --0 --0992 Security & Surveillance 13,453.00 sf Detection & Alarm Systems993 Fire Alarm System Complete 13,664.00 sf --0 --0994 Detection & Alarm Systems 13,453.00 sf ELECTRONIC SAFETY & SECURITY #######sf 31-000 0 EARTHWORK995 Misc Site Construction996 Mobilize & Demobilize Site Contractor 1.00 est --0 --0997 Site Winter Conditions - Not Required for April 2023 Start 0.00 mo --*--0998 Traffic Control - Kagy Utility Connections 1.00 est --0 --0999 Site Survey / Layout 1.00 est --22,000 --22,0001000 Building Survey / Staking 1.00 est --8,000 --8,0001001 SWPPP Administration 14.00 mo --8,400 --8,4001002 SWPPP Permit Prep & Filing 1.00 est --2,500 --2,5001003 Erosion Control - Install / Remove BMP's 1.00 est --0 --01004 Maintain SWPPP BMP's While Site Sub is Off-Site 10.00 mo 2,208 100 *--2,3081005 MDT Approach Permits - ASSUME BY OWNER 0.00 ea --*--01006 Site Construction Subcontract 1.00 ls --821,486 --821,4861007 Misc Site Construction 13,453.00 sf 2,208 100 862,386 864,694 Site Clearing1008 Clear & Grub Site - Existing Sod 59,175.00 sf *-0 *-01009 Strip & Stockpile Topsoil - 12" Depth 2,192.00 cy *-0 *-01010 Site Clearing 13,453.00 sf Site Grading & Demo1011 Site Grading - Cut to Subgrade at Shed Relocation 340.00 sf *-0 --01012 Site Grading - Cut / Fill to Subgrade 69,086.00 sf *-0 --01013 Site Fill - Imported Material 1,500.00 cy **0 --01014 Site Grading & Demo 13,453.00 sf Excavation and Fill1015 Foundation Excavation - Exterior Frost Walls 518.00 lf *-*-1016 Foundation Excavation - Interior Pad Footings 7.00 ea *-*-1017 Foundation Excavation - Exterior Pad Footings 9.00 ea *-*-1018 Foundation Excavation - Trench Drain Footings 192.00 lf *-*-1019 Foundation Excavation - Wash Alcove Footings 34.00 lf *-*-1020 Prep Interior Mono Footings 411.00 lf *-*-1021 145 Martel Construction Spreadsheet Report Page 35 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Excavation and Fill Foundation Backfill - Exterior Frost Walls (Including Import Fill) 518.00 lf ***-1022 Foundation Backfill - Interior Pad Footings 7.00 ea ***-1023 Foundation Backfill - Exterior Pad Footings 9.00 ea ***-1024 Foundation Backfill - Trench Drain Footings 192.00 lf ***-1025 Foundation Backfill - Wash Alcove Footings 34.00 lf ***-1026 Flowable Fill - Kagy Blvd. Utility Backfill 119.00 cy ***-1027 Remove Excess Topsoil per PPD 1,190.00 cy ***-1028 Base Course at Asphalt Paving 410.00 cy ***-1029 Base Course at Site Concrete 338.00 cy ***-1030 Subbase Course at Asphalt Paving 1,101.00 cy ***-1031 Subbase Course at Site Concrete 366.00 cy ***-1032 Gravel Base Course - 12" Compacted Base Course Under Relocated Shed 15.00 cy **-*-01033 12" Structural Fill Under All Footings 199.00 cy ***-1034 12" Structural Fill Under Interior Slab on Grade 482.00 cy ***-1035 6" Base Course at Interior Slab on Grade 241.00 cy ***-1036 Work Platforms / Scaffold Base at Building Perimeter 456.00 cy **18,240 *-18,2401037 Excavation and Fill 13,453.00 sf 18,240 18,240 Dewatering1038 Dewatering - Not Required per Geotech 0.00 day *--*-01039 Dewatering 13,453.00 sf Erosion Control1040 Geotextile Fabric 27,770.00 sf **0 --01041 Erosion Control 13,453.00 sf Engineered Aggregate Piers1042 Engineered Aggregate Piers 13,453.00 sf --76,500 --76,5001043 Engineered Aggregate Piers Layout 13,453.00 sf --2,691 --2,6911044 Engineered Aggregate Piers Post Construction Survey per Geotech 13,453.00 sf --3,363 --3,3631045 Engineered Aggregate Piers Modulus Test 1.00 ea --0 --01046 Engineered Aggregate Piers 13,453.00 sf 82,554 82,554 EARTHWORK #######sf 2,208 100 963,180 965,488 32-000 0 SITE IMPROVEMENTS1047 Asphalt Pavement1048 3" Asphalt Paving 2,744.00 sf --0 --01049 4" Asphalt Paving 10,297.00 sf --0 --01050 4" Asphalt Paving Patch 3,012.00 sf --0 --01051 Asphalt Pavement 13,453.00 sf Site Concrete1052 Concrete Curb & Gutter 1,141.00 lf --0 --01053 6" Reinforced Concrete Drive Apron 8,579.00 sf --0 --01054 6" Concrete Sidewalk 3,580.00 sf --0 --01055 12" Transformer Pad 37.00 sf --0 --01056 Truncated Domes 40.00 sf --0 --01057 146 Martel Construction Spreadsheet Report Page 36 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Site Concrete 13,453.00 sf Paving Specialties1058 Pavement Marking - 6" Stripe 303.00 lf --0 --01059 Pavement Graphics 1.00 ea --0 --01060 Paving Specialties 13,453.00 sf Traffic Devices1061 Install Bollards 12.00 ea **0 --01062 Install Power Pedestals 6.00 ea **0 --01063 Traffic Devices 13,453.00 sf Fences and Gates1064 Ameristar - Montage Commercial Fence 158.00 lf *-48,506 --48,5061065 Fences and Gates 13,453.00 sf 48,506 48,506 Landscaping1066 Tree - Harvest Gold Linden 4.00 ea --0 --01067 Tree - Colorado Spruce 2.00 ea --0 --01068 Shrub - Drawf Alpine Currant 32.00 ea --0 --01069 Perennials / Grasses - Bronze Beauty Bungleweed 400.00 ea --0 --01070 Perennials / Grasses - Elijah Blue Blue Fescue 211.00 ea --0 --01071 Perennials / Grasses - Max Frei Geranium 36.00 ea --0 --01072 Perennials / Grasses - Walker's Low Catmint 52.00 ea --0 --01073 Perennials / Grasses - Autumn Joy Sedum 94.00 ea --0 --01074 Perennials / Grasses - Helen Von Stein Lambs Ears 40.00 ea --0 --01075 Fescue Sod 13,200.00 sf --0 --01076 Bark Mulch, Landscape Fabric 45.00 cy --0 --01077 Rock Mulch, Landscape Fabric 34.00 cy --0 --01078 Steel Landscape Edging 520.00 lf --0 --01079 Landscape Boulders 32.00 ea --0 --01080 Irrigation Sleeves 461.00 lf --0 --01081 Replace Topsoil 710.00 cy --0 --01082 Soil Amendments 72.00 cy --0 --01083 Irrigation System 20,526.00 sf --0 --01084 Landscaping Subcontract 1.00 ls --173,000 --173,0001085 Landscaping 13,453.00 sf 173,000 173,000 SITE IMPROVEMENTS #######sf 221,506 221,506 33-000 0 UTILITIES1086 Water Distribution1087 2" Water Service 125.00 lf --0 --01088 4" Fire Service 28.00 lf --0 --01089 4" OS&Y Assembly 1.00 ea --0 --01090 Curb Stop 1.00 ea --0 --01091 Tapping Tee - Water Service 1.00 ea --0 --01092 Tapping Tee - Fire Service 1.00 ea --0 --01093 4" 45 Degree Bend 2.00 ea --0 --01094 6" Fire Service 98.00 lf --0 --01095 6" Tee 1.00 ea --0 --01096 Fire Hydrant & Lead Pipe 1.00 ea --0 --01097 Water Distribution 13,453.00 sf Sanitary Sewage Systems1098 147 Martel Construction Spreadsheet Report Page 37 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Sanitary Sewage Systems Connect to Existing Sewer Main 1.00 ea --0 --01099 Sand / Oil Seperator 1.00 ea --0 --01100 Sewer Cleanouts 3.00 ea --0 --01101 Sewer Service 155.00 lf --0 --01102 4x4 Wye 1.00 ea --0 --01103 45 Degree Bend 1.00 ea --0 --01104 Sanitary Sewage Systems 13,453.00 sf Storm Drainage1105 6" PVC Storm Drain 119.00 lf --0 --01106 12" Storm Drain 155.00 lf --0 --01107 Curb Inlet 4.00 ea --0 --01108 Drop Inlet 1.00 ea --0 --01109 Drywell 1.00 ea --0 --01110 Manholes 2.00 ea --0 --01111 Underground Detention 30.00 cmbr --0 --01112 Retention Pond #1 1.00 est --0 --01113 Retention Pond #2 1.00 est --0 --01114 24" Storm Drain 33.00 lf --0 --01115 Heavy Duty Trench Drain 59.00 lf --0 --01116 Storm Drainage 13,453.00 sf Piped Energy Systems1117 Gas Service - BY NWE / OWNER 0.00 lf --*--01118 Power Service - BY NWE / OWNER 0.00 lf --*--01119 Propane Piping 86.00 lf --*--01120 Propane Tanks 2.00 ea --*--01121 Fill Propane Tanks - BY OWNER 0.00 gal --*--01122 Relocate (E) Comm Service - BY PROVIDER / OWNER 0.00 lf --*--01123 Relocate Comm Pedestal - BY PROVIDER / OWNER 0.00 ea --*--01124 Piped Energy Systems 13,453.00 sf UTILITIES #######sf 34-000 0 TRANSPORTATION1125 Traffic Signs & Signals1126 Relocate Existing Sign 1.00 ea **700 --7001127 New Signs 3.00 ea **2,175 --2,1751128 Traffic Signs & Signals 13,453.00 sf 2,875 2,875 TRANSPORTATION #######sf 2,875 2,875 40-000 0 PROJECT SPECIFIC REQUIREMENTS 1129 Project Specific Requirements1130 Final Cleaning 13,664.00 sf --17,080 --17,0801131 Temporary Fence 1,050.00 lf --8,400 --8,4001132 Temporary Fence Scrim Fabric 500.00 lf 1,380 5,000 *--6,3801133 Forklift, Fuel, Maintenance - Jobsite / Sub Use 14.00 mo -9,240 *44,800 -54,0401134 148 Martel Construction Spreadsheet Report Page 38 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount Project Specific Requirements Clean Glass 1,941.00 sf --2,912 --2,9121135 Maintain Temporary Fence 12.00 mo 1,325 -*--1,3251136 Snow Removal / Jobsite Sanding 6.00 mo 10,598 300 *1,140 -12,0381137 Mobilize / Demobilize Forklift 2.00 trip 883 ***-8831138 Scissor LIft - Supply to Final Clean Sub 1.00 wk --*390 -3901139 Rental Dumpster w/ County Dump Fee 61.00 wk -14,640 *19,215 1,281 35,1361140 ProCore Subscription - Based on $9M 1.00 est -11,700 *--11,7001141 Materials Testing & Special Inspections - By Owner 0.00 ls --*--01142 Commissioning - By Owner 0.00 ls --*--01143 Building Permits, Plan Review Fees, Impact Fees - By Owner 0.00 ls --*--01144 Mockups - Other Than Those that Remain as Part of Finished Work - Assume not Required 0.00 ls --*--01145 Temporary Electrical Power - By Owner 0.00 ls --*--01146 Temporary Water Service - By Owner 0.00 ls --*--01147 Temporary Gas Service - By Owner 0.00 ls --*--01148 Generator / Fuel - Assume Service Will be In Place at Start of Construction 0.00 ls --*--01149 Jobsite Internet Service 14.00 mo -1,540 *--1,5401150 Project Specific Requirements 13,453.00 sf 14,186 42,420 28,392 65,545 1,281 151,824 PROJECT SPECIFIC REQUIREMENTS #######sf 14,186 42,420 28,392 65,545 1,281 151,824 149 Martel Construction Spreadsheet Report Page 39 Bozeman Fire Station 2 - SD Estimate 3/17/2023 10:53 AM Estimate Totals Description Rate Amount Totals Labor 727,140 Material 1,318,300 Subcontract 7,900,312 Equipment 140,715 Other 2,801 ########10,089,268 General Liability Insurance 0.890 %99,430 Builders Risk - By Martel 11,892 Bond 0.750 %83,790 Gross Receipts Tax 1.000 %111,719 Construction Fee 5.000 %519,805 Construction Contingency 2.538 %256,037 1,082,673 11,171,941 Total 11,171,941 150 ID Task Name Duration Start Finish 1 OVERALL PROJECT SCHEDULE 679 days Mon 11/29/21 Thu 7/4/24 2 Construction Phase 305 days Mon 11/29/21 Fri 1/27/23 3 CONSTRUCTION DOCUMENTS PHASE 339 days Mon 12/6/21 Thu 3/23/23 16 COMPLETION OF CD PHASE 0 days Thu 3/23/23 Thu 3/23/23 17 PROCUREMENT PHASE 65 days Thu 12/8/22 Wed 3/8/23 18 BID PROCESS - Schedule EWA 1 - Electrical Gear and Emergency GeneratorMaterials only 30 days Thu 12/8/22 Wed 1/18/23 19 Early Advertise for Bidding - Paper, Exchange, Constant Contact 0 days Thu 12/8/22 Thu 12/8/22 20 GC/CM Prepare CD Budget and Bid Packages 5 days Tue 12/13/22 Mon 12/19/22 21 EWA # 1 - Electrical Gear & Emergency Generator Equipment Only 11 days Thu 12/22/22 Thu 1/5/23 22 Electrical Material Bids Due Martel 0 days Thu 1/5/23 Thu 1/5/23 23 Reconcile Bids & COB review comments 2 days Wed 1/11/23 Thu 1/12/23 24 GC/CM - City of BZN Review and Approval EWA #1 Amendment # 1 1 day Tue 1/17/23 Tue 1/17/23 25 City of BZN GMP Approval /Amendment No.1 FINAL 1 day Wed 1/18/23 Wed 1/18/23 26 27 BID PROCESS - Schedule 2 - Building (Permit Set) - 100% Construction Documents 58 days Mon 12/19/22 Wed 3/8/23 28 Early Advertise for Bidding - Paper, Exchange, Constant Contact 3 days Mon 12/19/22 Wed 12/21/22 29 Schedule 2 - Subcontractors Bidding 100% CD's 23 days Thu 1/19/23 Mon 2/20/23 30 Martel Amendment No. 1 - Schedule and Bidding Documents 3 days Fri 1/20/23 Tue 1/24/23 31 Schedule II Pre Bid Walk Through 1 day Tue 1/31/23 Tue 1/31/23 32 GC/CM Prepare CD Budget and Bid Packages 6 days Thu 1/12/23 Thu 1/19/23 33 Sub Trades Bids Due 0 days Tue 2/14/23 Tue 2/14/23 34 Reconcile Bids & COB review comments 7 days Wed 2/15/23 Thu 2/23/23 35 GC/CM Final GMP - City of BZN Review and Approval 0 days Fri 2/24/23 Fri 2/24/23 36 City of BZN GMP Approval /Amendment No.2 FINAL 2 days Tue 3/7/23 Wed 3/8/23 37 38 Building Construction 679 days Mon 11/29/21 Thu 7/4/24 39 New Bozeman Fire Station #2 679 days Mon 11/29/21 Thu 7/4/24 40 Northwestern Energy - Construction Install 5 days Wed 3/29/23 Tue 4/4/23 41 Notice to Proceed 0 days Wed 3/29/23 Wed 3/29/23 42 Submittals and Procurement 20 days Wed 3/29/23 Tue 4/25/23 43 Emergency Generator & Transfer Switch Submittals 20 days Wed 3/29/23 Tue 4/25/23 44 Main Switch Gear and Panel Boards Submittals 20 days Wed 3/29/23 Tue 4/25/23 45 Construction onsite 679 days Mon 11/29/21 Thu 7/4/24 O N D J F MA M J J A S ON D J F M A M J J A S O N D J F M A M J J A S Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Critical Split Task Task Progress Critical Task Critical Task Progress Split Milestone Summary Project Summary Group By Summary Early Finish Critical Bozeman Fire Station No. 2 Bozeman Fire Station # 2 - CD Martel Schedule 03.17.23 GMP Page 1 Project: BZN Fire Station # 2Date: Fri 3/17/23 151 ID Task Name Duration Start Finish 46 Mobilize 5 days Thu 4/20/23 Wed 4/26/23 47 Layout Limits of Construction 5 days Thu 4/27/23 Wed 5/3/23 48 Install Storm Water Pollution Prevention SWPPP BMPs 5 days Thu 4/27/23 Wed 5/3/23 49 Site Work & Landscaping Construction 91 days Mon 4/24/23 Mon 8/28/23 50 Site Work and Grading Summer 2023 41 days Mon 4/24/23 Mon 6/19/23 51 Layout Site Grading 5 days Mon 4/24/23 Fri 4/28/23 52 Clear Site 5 days Thu 5/4/23 Wed 5/10/23 53 Install Rammed Aggerate Piers 5 days Thu 5/11/23 Wed 5/17/23 54 Site Cut / Fill 4 days Thu 5/18/23 Tue 5/23/23 55 Install 12" Structural Fill at interior 2 days Wed 5/24/23 Thu 5/25/23 56 Rough Site Grading 2 days Fri 5/26/23 Mon 5/29/23 57 Site utility Installation 15 days Tue 5/30/23 Mon 6/19/23 58 Site Work and Grading Summer 2023 50 days Tue 6/20/23 Mon 8/28/23 59 Layout Parking Lot Concrete and Light Poles 10 days Tue 6/20/23 Mon 7/3/23 60 Grading for Curb and Gutter 15 days Tue 6/20/23 Mon 7/10/23 61 Install Parking lot Light Pole Bases 10 days Tue 6/20/23 Mon 7/3/23 62 Set Light poles 10 days Tue 7/4/23 Mon 7/17/23 63 Install Curb and Gutter 15 days Tue 7/11/23 Mon 7/31/23 64 Install Site Sidewalks and Concrete Paving 20 days Tue 8/1/23 Mon 8/28/23 65 Asphalt Paving 10 days Tue 8/1/23 Mon 8/14/23 66 Landscaping 20 days Tue 8/1/23 Mon 8/28/23 67 Parking Lot Striping 5 days Tue 8/15/23 Mon 8/21/23 68 Set Flag Pole 5 days Tue 8/1/23 Mon 8/7/23 69 Concrete Construction for Building 108 days Tue 5/30/23 Thu 10/26/23 70 Establish Construction Laydown 1 day Tue 5/30/23 Tue 5/30/23 71 Foundation Excavate Apparatus bay 4 days Tue 5/30/23 Fri 6/2/23 72 Form and Place Footings Apparatus Bay 7 days Mon 6/5/23 Tue 6/13/23 73 Form and Place Foundation Walls Apparatus Bay 10 days Wed 6/14/23 Tue 6/27/23 74 Install Foundation Insulation Apparatus bay North and South only 1 day Wed 6/28/23 Wed 6/28/23 75 Backfill Foundation at Apparatus Bay 2 days Thu 6/29/23 Fri 6/30/23 76 Excavate Foundation Administration & Sleeping 4 days Mon 6/5/23 Thu 6/8/23 77 Form and Place Footings Administration & Sleeping 7 days Fri 6/9/23 Mon 6/19/23 78 Form and Place Foundation Walls Administration & Sleeping 10 days Tue 6/20/23 Mon 7/3/23 79 Install Foundation Insulation Administration & Sleeping 2 days Tue 7/4/23 Wed 7/5/23 80 Backfill Foundation at Administration & Sleeping 2 days Thu 7/6/23 Fri 7/7/23 81 Excavate Foundation Training and Shop West 3 days Fri 6/9/23 Tue 6/13/23 82 Form and Place Footings Training and Shop West 7 days Wed 6/14/23 Thu 6/22/23 O N D J F MA M J J A S ON D J F M A M J J A S O N D J F M A M J J A S Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Critical Split Task Task Progress Critical Task Critical Task Progress Split Milestone Summary Project Summary Group By Summary Early Finish Critical Bozeman Fire Station No. 2 Bozeman Fire Station # 2 - CD Martel Schedule 03.17.23 GMP Page 2 Project: BZN Fire Station # 2Date: Fri 3/17/23 152 ID Task Name Duration Start Finish 83 Form and Place Foundation Walls 10 days Fri 6/23/23 Thu 7/6/23 84 Install Foundation Insulation Training and Shop West 2 days Fri 7/7/23 Mon 7/10/23 85 Backfill Foundation at Training and Shop West 4 days Tue 7/11/23 Fri 7/14/23 86 Excavate Foundation at 3 trenches for Floor Drain in bays 3 days Mon 7/17/23 Wed 7/19/23 87 Form and Place Foundations at Trenches for Floor Drains 1 day Thu 7/20/23 Thu 7/20/23 88 Install Under Slab MEP Administration 10 days Mon 7/17/23 Fri 7/28/23 89 Install Under Slab MEP at Sleeping wing 8 days Mon 7/31/23 Wed 8/9/23 90 Install Under slab MEP Apparatus Bay 10 days Thu 8/10/23 Wed 8/23/23 91 Prepare Slab and Thickened Slab Apparatus Bay 10 days Thu 8/24/23 Wed 9/6/23 92 Prepare Slab and Thickened Slab Administration 5 days Mon 7/31/23 Fri 8/4/23 93 Prepare Slab and Thickened Slab Sleeping Rooms 5 days Thu 8/10/23 Wed 8/16/23 94 Form and Pour 3 bottom of Trench drain slabs 7 days Thu 8/24/23 Fri 9/1/23 95 Form and Pour 3 trench drains at SOG in Apparatus Bay 5 days Mon 9/4/23 Fri 9/8/23 96 Install Slab Reinforcement Apparatus Bay 5 days Mon 9/11/23 Fri 9/15/23 97 Install Slab Reinforcement Admin & Sleeping 7 days Mon 10/9/23 Tue 10/17/23 98 Install Slab Reinforcement Physical Fitness & Shop Area 5 days Wed 10/18/23 Tue 10/24/23 99 Place Slab on Grade Apparatus Bay 5 days Mon 9/11/23 Fri 9/15/23 100 Place Slab on Grade Admin & Sleeping 2 days Wed 10/18/23 Thu 10/19/23 101 Place Slab on Grade Physical Fitness and Shop Area 5 days Fri 10/20/23 Thu 10/26/23 102 Vertical Construction 569 days Mon 11/29/21 Thu 2/1/24 103 Apparatus Bay 48 days Mon 7/3/23 Wed 9/6/23 104 Set Hollow Metal Frames in Masonry Apparatus bay 5 days Mon 7/3/23 Fri 7/7/23 105 Masonry Walls at apparatus Bay 30 days Mon 7/10/23 Fri 8/18/23 106 Brace Frame Columns at CMU walls 5 days Mon 8/21/23 Fri 8/25/23 107 MEP Rough In Masonry Walls 30 days Mon 7/10/23 Fri 8/18/23 108 Set Steel Trusses and Joist at Apparatus Bay 8 days Mon 8/21/23 Wed 8/30/23 109 Install Metal decking at Apparatus Bay 5 days Thu 8/31/23 Wed 9/6/23 110 Administration and Sleeping Area 35 days Mon 8/21/23 Fri 10/6/23 111 Install Admin & Sleeping Steel Columns & Beams 4 days Mon 8/21/23 Thu 8/24/23 112 Install 2nd Level Wood Joist and Decking above Admin & Sleeping 5 days Fri 8/25/23 Thu 8/31/23 113 Install Exterior Wall Framing at Admin & Sleeping 7 days Thu 9/14/23 Fri 9/22/23 114 Install SIPs at Administration & Sleep 2 days Thu 10/5/23 Fri 10/6/23 115 Install Exterior Parapet Framing at Admin & Sleeping 3 days Mon 10/2/23 Wed 10/4/23 116 Exterior Vapor Barrier at Admin& Sleeping Area 5 days Mon 9/25/23 Fri 9/29/23 117 Install Steel or Wood Stairs East 5 days Fri 9/1/23 Thu 9/7/23 118 Physical Fitness and Shop Areas 39 days Fri 9/1/23 Wed 10/25/23 119 Install Physical Fitness & Shop Area Steel Columns & Beams 4 days Fri 9/1/23 Wed 9/6/23 O N D J F MA M J J A S ON D J F M A M J J A S O N D J F M A M J J A S Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Critical Split Task Task Progress Critical Task Critical Task Progress Split Milestone Summary Project Summary Group By Summary Early Finish Critical Bozeman Fire Station No. 2 Bozeman Fire Station # 2 - CD Martel Schedule 03.17.23 GMP Page 3 Project: BZN Fire Station # 2Date: Fri 3/17/23 153 ID Task Name Duration Start Finish 120 Install 2nd Level Joist & Decking Physical Fitness & shop Area 5 days Thu 9/7/23 Wed 9/13/23 121 Exterior wood wall framing at Physical Fitness & shop Area 7 days Mon 9/25/23 Tue 10/3/23 122 Install SIPs at Physical Fitness & Shop Area 5 days Mon 10/9/23 Fri 10/13/23 123 Install Exterior Parapet Framing at Physical Fitness and Shop Area 3 days Mon 10/16/23 Wed 10/18/23 124 Exterior Vapor Barrier at Physical Fitness & Shop Area 5 days Thu 10/19/23 Wed 10/25/23 125 Install Steel or Wood Stairs West 5 days Thu 9/14/23 Wed 9/20/23 126 Set Exterior Hollow Metal Frames 5 days Mon 9/25/23 Fri 9/29/23 127 Install Exterior Window Wraps and Alum Windows 5 days Wed 10/4/23 Tue 10/10/23 128 Frame Interior Walls Admin & Sleeping 1st Floor & 2nd Floor 4 days Mon 10/9/23 Thu 10/12/23 129 Frame Interior Walls Physical Fitness and Shop/Office Area 1st Floor & 2nd Floor 4 days Mon 10/16/23 Thu 10/19/23 130 Exterior Finishes 75 days Fri 10/20/23 Thu 2/1/24 131 MEP Curb Rough in at Apparatus Roof 3 days Fri 10/20/23 Tue 10/24/23 132 Flat Roofing at Apparatus Bay 10 days Wed 10/25/23 Tue 11/7/23 133 Roofing at Admin & Sleeping 15 days Fri 10/20/23 Thu 11/9/23 134 Roofing at Physical Fitness & Shop Area 10 days Fri 10/20/23 Thu 11/2/23 135 Exterior Masonry CMU Veneer South 10 days Fri 10/27/23 Thu 11/9/23 136 Exterior Masonry CMU Veneer East 10 days Fri 11/10/23 Thu 11/23/23 137 Exterior Masonry CMU Veneer North 10 days Fri 11/24/23 Thu 12/7/23 138 Exterior Masonry CMU Veneer West 10 days Fri 12/8/23 Thu 12/21/23 139 Exterior Metal Siding, Soffit, Fascia Admin & Sleeping Upper 30 days Fri 11/24/23 Thu 1/4/24 140 Exterior Metal Siding, Soffit, Fascia Apparatus Bay Upper 30 days Fri 12/8/23 Thu 1/18/24 141 Exterior Metal Siding, Soffit, Fascia Physical Fitness & Shop/Office 30 days Fri 12/22/23 Thu 2/1/24 142 Install Parapet cap at Apparatus Bay 10 days Fri 10/20/23 Thu 11/2/23 143 Install Parapet cap at Admin & Sleeping 10 days Fri 10/20/23 Thu 11/2/23 144 Install Parapet cap at Physical Fitness & Shop 10 days Fri 10/20/23 Thu 11/2/23 145 Install Steel or Wood Stairs East 5 days Fri 10/20/23 Thu 10/26/23 146 MEP Rough In 524 days Mon 11/29/21 Thu 11/30/23 147 Fire Sprinkler Rough In Apparatus Bay 7 days Fri 10/13/23 Mon 10/23/23 148 Mechanical Rough In Apparatus Bay 15 days Fri 11/10/23 Thu 11/30/23 149 Electrical Rough In Apparatus Bay 15 days Fri 11/10/23 Thu 11/30/23 150 Plumbing Rough In Apparatus Bay 15 days Fri 11/10/23 Thu 11/30/23 151 Fire Sprinkler Rough In Admin & Sleeping 7 days Fri 10/13/23 Mon 10/23/23 152 Mechanical Rough In Admin & Sleeping 15 days Tue 10/24/23 Mon 11/13/23 153 Plumbing Rough In Admin & Sleeping 15 days Tue 10/24/23 Mon 11/13/23 154 Electrical Rough In Admin & Sleeping 15 days Tue 10/24/23 Mon 11/13/23 155 Fire Sprinkler Rough In Admin & Sleeping 7 days Fri 10/20/23 Mon 10/30/23 O N D J F MA M J J A S ON D J F M A M J J A S O N D J F M A M J J A S Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Critical Split Task Task Progress Critical Task Critical Task Progress Split Milestone Summary Project Summary Group By Summary Early Finish Critical Bozeman Fire Station No. 2 Bozeman Fire Station # 2 - CD Martel Schedule 03.17.23 GMP Page 4 Project: BZN Fire Station # 2Date: Fri 3/17/23 154 ID Task Name Duration Start Finish 156 Mechanical Rough In Physical Fitness and Shop Area 10 days Tue 10/31/23 Mon 11/13/23 157 Electrical Rough In Physical Fitness and Shop Area 10 days Tue 10/31/23 Mon 11/13/23 158 Plumbing Rough In Physical Fitness and Shop Area 10 days Tue 10/31/23 Mon 11/13/23 159 Temp Heating System Apparatus Bay and Admin & Sleeping 5 days Mon 11/29/21 Fri 12/3/21 160 Building Finishes 679 days Mon 11/29/21 Thu 7/4/24 161 Building Insulation Apparatus Bay Doors Frames and windows 2 days Fri 12/1/23 Mon 12/4/23 162 Building Insulation Admin & Sleeping Rooms 10 days Tue 11/14/23 Mon 11/27/23 163 Building Insulation Physical Fitness & Offices 10 days Tue 11/14/23 Mon 11/27/23 164 Hang Sheetrock Admin & Sleeping 15 days Tue 11/28/23 Mon 12/18/23 165 Hang Sheetrock Physical Fitness & Shop/Office 10 days Tue 11/28/23 Mon 12/11/23 166 Tape and Finish Sheetrock Admin & Sleeping Rooms 15 days Tue 12/19/23 Mon 1/8/24 167 Tape and Finish Sheetrock Physical Fitness & Shop/Offices 10 days Tue 12/12/23 Mon 12/25/23 168 Interior Painting Apparatus Bay 15 days Fri 12/1/23 Thu 12/21/23 169 Seal Masonry Water Repellent 10 days Fri 12/1/23 Thu 12/14/23 170 Install Bi-Folding Doors at Apparatus Bay (3)5 days Fri 12/15/23 Thu 12/21/23 171 Install Power & Controls for Bi-Fold Doors at Apparatus Bay (3) 10 days Fri 12/22/23 Thu 1/4/24 172 Install Sectional Garage Doors Apparatus Bay (3) 3 days Fri 12/22/23 Tue 12/26/23 173 Install Power & Controls for Sectional Garage Doors at Apparatus Bay (3) 3 days Wed 12/27/23 Fri 12/29/23 174 Interior Painting Admin & Sleeping 15 days Tue 1/9/24 Mon 1/29/24 175 Interior Painting Physical Fitness and Shop/Offices 15 days Tue 12/26/23 Mon 1/15/24 176 Install Acoustic Ceiling Grid ACT - Admin & Sleeping 15 days Tue 1/30/24 Mon 2/19/24 177 Install Acoustic Ceiling Grid ACT - Physical Fitness & Shop/Office 15 days Tue 1/16/24 Mon 2/5/24 178 Polish Concrete Floors 10 days Tue 2/20/24 Mon 3/4/24 179 Delivery of Casework 1 day Mon 11/29/21 Mon 11/29/21 180 Set Built in Casework 5 days Tue 3/5/24 Mon 3/11/24 181 Install Ceramic Tile Bathrooms 10 days Tue 1/30/24 Mon 2/12/24 182 Install Bathroom Accessories 10 days Tue 2/13/24 Mon 2/26/24 183 Plumbing Trim Apparatus Bay 5 days Fri 12/22/23 Thu 12/28/23 184 Mechanical Trim Apparatus Bay 5 days Fri 12/22/23 Thu 12/28/23 185 Electrical Trim Apparatus Bay 10 days Fri 12/22/23 Thu 1/4/24 186 Plumbing Trim at Admin & Sleeping 10 days Tue 3/12/24 Mon 3/25/24 187 Mechanical Trim at Admin & Sleeping 10 days Tue 2/20/24 Mon 3/4/24 188 Electrical Trim at Administration 15 days Tue 2/20/24 Mon 3/11/24 189 Plumbing Trim Physical Fitness & Shop/Office 5 days Tue 3/26/24 Mon 4/1/24 190 Mechanical Trim at Physical Fitness & Shop/Office 5 days Tue 4/2/24 Mon 4/8/24 191 Electrical Trim at Physical Fitness & Shop/Office 3 days Tue 4/9/24 Thu 4/11/24 O N D J F MA M J J A S ON D J F M A M J J A S O N D J F M A M J J A S Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Critical Split Task Task Progress Critical Task Critical Task Progress Split Milestone Summary Project Summary Group By Summary Early Finish Critical Bozeman Fire Station No. 2 Bozeman Fire Station # 2 - CD Martel Schedule 03.17.23 GMP Page 5 Project: BZN Fire Station # 2Date: Fri 3/17/23 155 ID Task Name Duration Start Finish 192 Set Built in Casework - Kitchen and Day Room 4 days Tue 1/30/24 Fri 2/2/24 193 Plumbing Trim at Day Room Kitchen 5 days Mon 2/5/24 Fri 2/9/24 194 Mechanical Trim at Day Room & Kitchen 5 days Mon 2/12/24 Fri 2/16/24 195 Electrical Trim at Day Room & Kitchen 10 days Mon 2/19/24 Fri 3/1/24 196 Install Carpet 10 days Mon 11/29/21 Fri 12/10/21 197 Install Doors and Hardware at Apparatus Bay 5 days Fri 12/22/23 Thu 12/28/23 198 Install Doors and Hardware at Admin and Sleeping 12 days Fri 4/12/24 Mon 4/29/24 199 Install Doors and Hardware at Physical Fitness & Shop/Office 5 days Tue 4/30/24 Mon 5/6/24 200 Install Div. 10 Specialties Bathrooms FEC 5 days Fri 4/12/24 Thu 4/18/24 201 Install Lockers at Sleep Room Hallway 5 days Tue 3/5/24 Mon 3/11/24 202 MEP Start up and Controls 10 days Tue 4/9/24 Mon 4/22/24 203 T&B HVAC systems 15 days Tue 4/23/24 Mon 5/13/24 204 Install Communications Equipment 15 days Tue 3/12/24 Mon 4/1/24 205 Fire Station Close out 33 days Tue 5/7/24 Thu 6/20/24 206 Building Finishes 27 days Tue 5/7/24 Wed 6/12/24 207 Final Cleaning 15 days Tue 5/14/24 Mon 6/3/24 208 Final Paint and Touch Up 8 days Tue 5/7/24 Thu 5/16/24 209 Install Owner Furnished Equipment 7 days Tue 6/4/24 Wed 6/12/24 210 Building Substantial Completion 5 days Fri 5/17/24 Thu 5/23/24 211 Commissioning of Fire Station By Elkhorn 10 days Fri 5/24/24 Thu 6/6/24 212 AHJ Final Inspections (Final Routing)20 days Fri 5/24/24 Thu 6/20/24 213 Engineering Inspection CoB 10 days Fri 5/24/24 Thu 6/6/24 214 Planning Inspection CoB 10 days Fri 5/24/24 Thu 6/6/24 215 SWPPP Inspection CoB MS4 10 days Fri 5/24/24 Thu 6/6/24 216 CoB Fire Department Inspections 5 days Fri 6/7/24 Thu 6/13/24 217 Final CoB Building Inspections 5 days Fri 6/14/24 Thu 6/20/24 218 Final Certificate of Occupancy (C of O Letter)0 days Thu 6/20/24 Thu 6/20/24 219 Owner Move Schedule 10 days Fri 6/21/24 Thu 7/4/24 220 Owner Furniture Moving Date 4 days Fri 6/21/24 Wed 6/26/24 221 Hang Art on walls 2 days Thu 6/27/24 Fri 6/28/24 222 Owner Set up for Move In 4 days Mon 7/1/24 Thu 7/4/24 223 Fire Department First Night 0 days Thu 7/4/24 Thu 7/4/24 O N D J F MA M J J A S ON D J F M A M J J A S O N D J F M A M J J A S Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Critical Split Task Task Progress Critical Task Critical Task Progress Split Milestone Summary Project Summary Group By Summary Early Finish Critical Bozeman Fire Station No. 2 Bozeman Fire Station # 2 - CD Martel Schedule 03.17.23 GMP Page 6 Project: BZN Fire Station # 2Date: Fri 3/17/23 156 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Superintendent Water and Sewer Division John Alston, Utilities Director Scott McMahan, IT Director SUBJECT:Authorize the City Manager to Sign an Agreement for a WaterPlus Cloud Software License with Flowpoint Environmental Systems for a Water Fill Station MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign this agreement STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:We have a water fill site near our vehicle maintenance facility used by many contractors that supplies bulk water. Most of the water dispensed is used for construction. We need to retrofit the station with new components and switch from a local software to a cloud based software to manage the water fill station. This agreement allows us to switch to the cloud based software. UNRESOLVED ISSUES:none ALTERNATIVES:None FISCAL EFFECTS:Costs are actually a few dollars less on a yearly basis for the cloud solution currently. Attachments: 230320 WaterPlus Cloud LITE Bozeman MT - final.pdf Cloud Services Questionnaire - Exhibit B.docx Report compiled on: February 27, 2023 157 CLOUD BASED SOFTWARE LICENSE AGREEMENT -1- WATER+ CLOUD CLOUD BASED SOFTWARE LICENSE AGREEMENT Revision 1: Dec 1st, 2022 Changed to an annual payment Revision 2a: Feb 17th, 2023 Sections added/modified as per customer request, include Exhibit A Section 5.4: removed ‘The limitation of liability described in Section 6 does not apply to this indemnification obligation.’ Section 5.6: added ‘within 48-hours of the incident becoming known to the provider.’ THIS CLOUD BASED SOFTWARE LICENSE AGREEMENT (the "Agreement", which term shall include all Exhibits and Schedules attached hereto and incorporated by this reference) dated as of December 1st, 2022 (the "Effective Date") is made and entered into by and between Flowpoint Environmental Systems, Inc., a Montana corporation ("Flowpoint Environmental Systems") and individual, corporation, limited liability company, limited partnership, partnership, sole proprietorship, governmental entity or other business entity executing this Agreement (the “Client”). Flowpoint Environmental Systems and Client are sometimes individually referred to herein as a "Party" and collectively as the "Parties". RECITALS Flowpoint Environmental Systems is the owner and developer of certain proprietary cloud-based computer software solution used for the management of fluid dispensing and receiving stations (the “Software”). The Software is comprised of the following elements: (i) a Microsoft Azure ASP.NET web- site user interface; (ii) Microsoft Azure SQL database; (iii) zero or more Azure worker communication modules; (iv) zero or more Microsoft Windows Service communication modules; (v) an Allen-Bradley PLC program; and (v) an Allen-Bradley PLC tag definitions Flowpoint Environmental Systems conceived, designed and developed the Software, and Flowpoint Environmental Systems desires to grant a license for the use of the Software to Client under the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto expressly agree as follows: 1. LICENSE GRANT AND RESTRICTIONS 1.1. License Grant. Subject to the terms and conditions of this Agreement, Flowpoint Environmental Systems hereby grants to Client a nonexclusive, nontransferable, royalty-bearing license to use and operate the Software in connection with Client’s use of the System (the “Approved Use”). The term “System” mean Flowpoint Environmental System’s water dispensing station, as more fully described in that certain Purchase and Sale Agreement by and between Flowpoint Environmental Systems and Client dated of even date herewith, if any (“Purchase and Sale Agreement”). Client covenants and agrees to only use the Software for the Approved Use and for no other purpose. For the Approved Use, Client shall be required to comply with the requirements set forth on Exhibit A attached hereto and incorporate by this reference. 1.2. Ownership Rights. Client acknowledges and agrees that, other than the rights specifically granted to Client herein, Flowpoint Environmental Systems owns all right, title and interest in and related to the Software. Nothing in this Agreement shall be construed, by implication or otherwise, to transfer to 158 CLOUD BASED SOFTWARE LICENSE AGREEMENT -2- Client title to, or any ownership interest in, the Software or any of Flowpoint Environmental Systems’ Proprietary Rights. As used in this Agreement, the term “Proprietary Rights” means all rights worldwide in and to (i) Confidential Information; (ii) copyrights; (iii) inventions; (iv) patents; (v) rights to register copyrights, patents and trademarks; (vi) trade secrets; (vii) trademarks; and (viii) similar rights or interests protected under contract or otherwise under law or in equity. Flowpoint Environmental Systems acknowledges that the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Flowpoint Environmental Systems a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Flowpoint Environmental Systems to provide the Services to the City. The City also grants to Flowpoint Environmental Systems a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Flowpoint Environmental Systems shall not access or use the City’s Data for any other purpose than as described in this Agreement. 1.3. Restrictions. In addition to refraining from activity not specifically authorized in Section 1.1, Flowpoint Environmental Systems grants the license described herein to Client subject to the following restrictions: 1.3.1. Encumbrance. Client shall not sell or in any way encumber the Software. 1.3.2. Modification. Client shall not decompile, disassemble, modify or otherwise reverse engineer any portion of the Software or create any derivative work thereof. As used herein, the term “derivative work” has the definition set forth in the United States Copyright Act of 1976, 17 U.S.C. Section 101, as amended. 1.3.3. Promotional Use. Client shall not distribute copies of the Software for promotional use. 1.3.4. Trademark Rights. The License does not include any trademark rights, and Client shall not trademark the Software. 2. ROYALTIES; AUDIT RIGHTS 2.1. Royalties. The Client shall pay Flowpoint Environmental Systems a annual royalty fee (each a “Royalty Payment” and collectively the “Royalty Payments”) on or before the 5th day of January, each year, equal to $1188 for use of the Water+ Cloud LITE License. 2.2. Yearly Royalty Adjustment. Commencing January 1, 2024 and on January 1 of each subsequent calendar year during the Term and Renewal Term, if any, there shall be an adjustment to the amounts used to determine the Royalty Payment (e.g. $1188) as set forth above in Section 2.1 equal to two percent (2%). This annual Royalty Payment adjustment shall take place automatically without the need of necessity of Flowpoint Environmental Systems providing notice to the Client or modification to this Agreement. 2.3. Royalty Payments. Notwithstanding anything contained in this Agreement, Client acknowledges and agrees that Flowpoint Environmental Systems shall not be responsible for any maintenance or warranty on the Client’s dispensing sites, or for any emergency response to those sites. 2.4. Taxes. Flowpoint Environmental Systems shall be responsible for all taxes assessed or levied upon Flowpoint Environmental Systems with respect to any amounts received by Flowpoint Environmental Systems under this Agreement. 159 CLOUD BASED SOFTWARE LICENSE AGREEMENT -3- 2.5. Audit Rights. For Transaction Based Fee Schedules Only (does not apply to fixed monthly or yearly fee schedules): Client hereby grants to Flowpoint Environmental Systems, during the Term and for one (1) year following the expiration or termination of this Agreement, view only rights of the Software database used to record each and every Transaction (the “Database”), in order to audit and confirm Client’s Royalty Payments hereunder. If any such audit discloses an underpayment or overpayment of Royalty Payments due hereunder, the appropriate Party will promptly remit the amounts due to the other Party. If any such audit discloses a shortfall in payment to Flowpoint Environmental Systems of more than five percent (5%) for any month, Client agrees to pay or reimburse Flowpoint Environmental Systems the Royalty Payment plus interest at the rate set forth in Section 2.1 above; provided, however, no interest shall be due and payable in the event such underpayment was due solely to faulty or inaccurate equipment. 3. CONFIDENTIAL INFORMATION 3.1. Definition of Confidential Information. "Confidential Information" means any information, technical data, or know-how, including, but not limited to, that which relates to the Software, research, product or service plans, business practices, products, services, names and expertise of employees and consultants, suppliers, customers, technology or other strategic partners, stockholders, markets, software, inventions (whether patentable or not), processes, designs, drawings, engineering, hardware configuration information, marketing, finances, notes, analyses or studies and all tangible and intangible embodiments thereof of any kind whatsoever, whether conveyed in writing or orally by the disclosing Party (the "Disclosing Party") or its Associates, to the receiving Party (the "Receiving Party"), either before or after the execution of this Agreement. Confidential Information shall also include (i) any notes, analyses, compilations, studies, interpretations, memoranda or other documents (regardless of the form thereof) prepared by the Receiving Party or its Associates that contain, reflect or are based upon, in whole or in part, any information furnished to the Receiving Party or its Associates pursuant hereto; (ii) all information regarding Client’s customers and each Transaction stored in the Database. The term “Associate” means the directors, managers, officers, employees, agents, representatives, consultants, accountants, attorneys and advisors of a Party or a subsidiary or other individual or entity controlled, directly or indirectly, by a Party (each an “Affiliates”). 3.2. Exclusions. Notwithstanding the foregoing, Confidential Information does not include information, technical data or know-how that: (i) is in the possession of the Receiving Party at the time of disclosure as shown by the Receiving Party’s files and records immediately prior to the time of disclosure, provided that the source of such information was not bound by a separate contractual, legal or fiduciary obligation of confidentiality to the Disclosing Party or any other individual or entity (a “Person”) with respect to such information; (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the Receiving Party; (iii) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party or any of its Associates, provided that such source is not bound by a contractual, legal or fiduciary obligation of confidentiality to the Disclosing Party or any other Person with respect to such information, (iv) is approved for release by the Disclosing Party in writing; or (v) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. 3.3. Use and Non-Disclosure. The Receiving Party agrees not to use the Confidential Information disclosed to it by the Disclosing Party or its Associates for its own use or for any purpose except as expressly authorized by this Agreement. The Receiving Party will not disclose any Confidential Information of the Disclosing Party to any Thirty Party except those Associates of the Receiving Party who are required to have the information in order to carry out the Receiving Party's rights or obligations with respect to this Agreement. The Receiving Party has had or will have those Associates and independent contractors of the Receiving Party to whom Confidential Information of the Disclosing Party is disclosed (or who have access to Confidential Information of the Disclosing Party) agree in writing (with the Disclosing Party named as a third party beneficiary) to honor the terms of this Section 3 to the same extent as the Receiving Party. In any event, the Receiving Party shall be responsible for any breach of this Agreement by any of its Associates 160 CLOUD BASED SOFTWARE LICENSE AGREEMENT -4- or independent contractors, and agrees, at its sole expense, to take all reasonable measures (including but not limited to court proceedings) to restrain its Associates or independent contractors from prohibited or unauthorized disclosure or use of the Confidential Information. The Receiving Party agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Disclosing Party in order to prevent it from falling into the public domain or the possession of Persons other than those Persons authorized hereunder, which measures shall include the highest degree of care that the Receiving Party utilizes to protect its own Confidential Information of a similar nature, or reasonable care, whichever standard of care is higher. The Receiving Party agrees to notify the Disclosing Party in writing of any misuse or misappropriation of the Confidential Information of the Disclosure Party that may come to its attention. 3.4. Required Disclosure. In the event that the Receiving Party or one or more Associates or independent contractors (each a "Compelled Party") becomes legally compelled under applicable law, regulation or securities exchange listing agreement, or by a competent governmental, administrative or regulatory authority or in a proceeding before a court, arbitrator or administrative agency to disclose any portion of the Confidential Information of the Disclosing Party or any of the terms, conditions or other facts with respect to this Agreement, such Compelled Party will, and will direct its Associates and independent contractors to, provide the Disclosing Party with prompt written notice (unless prohibited by law) of such legal compulsion, and shall delay disclosure, if and to the extent practicable, until the Disclosing Party has had an opportunity to seek a protective order or other appropriate remedy or to waive compliance by such Compelled Party with the relevant provisions of this Agreement. In the event that a protective order or other remedy is not obtained in such a proceeding, the Compelled Party will, and will direct its Associates and independent contractors to, disclose only that Confidential Information of the Disclosing Party that its counsel advises is legally required to be disclosed and will exercise its reasonable best efforts, and will direct its Associates and independent contractors to exercise their reasonable best efforts, to cooperate with the Disclosing Party to obtain reliable assurance that confidential treatment will be accorded the Confidential Information that is so disclosed. 3.5. Return of Materials. Promptly upon request by the Disclosing Party, the Receiving Party will, and will direct its Associates and independent contractors to, deliver to the Disclosing Party any written Confidential Information of the Disclosing Party and all copies or modifications thereof, except for that portion of the Confidential Information that consists of analyses, compilations, studies or other documents prepared by the Receiving Party or its Associates or independent contractors, without retaining any copy thereof. That portion of the Confidential Information or any modification thereof that consists of analyses, compilations, studies or other documents prepared by the Receiving Party or its Associates or independent contractors and that is not returned to the Disclosing Party shall be destroyed and no copy thereof shall be retained (provided that the Receiving Party may retain one copy solely for archival purposes) and an authorized officer of the Receiving Party supervising such destruction shall certify in writing to the Disclosing Party that such destruction has occurred. 4. INDEMNIFICATION. If any third party asserts a claim against the City that the Services furnished under this Agreement infringe upon or violate the third party’s IP Rights, the City must promptly notify the Provider. The Provider must defend such claim, in the City's name or its own name, as appropriate, but at the Provider's expense. The Provider must release, defend, indemnify, and hold harmless the City against all claims, actions, demands, costs, fees, expenses, damages, losses, liabilities, and reasonable attorney's fees arising from such claim. This defense and indemnification obligation is conditioned on the following: a. the City shall promptly notify the Provider of the claim in writing; and b. Unless the City elects to represent itself and incur all costs and expenses of the litigation, the City will allow the Provider to control, and will cooperate with the Provider, in the defense and any related settlement negotiations, provided that: i. The Provider must permit the City to participate in the defense and settlement of any such claim; and 161 CLOUD BASED SOFTWARE LICENSE AGREEMENT -5- ii. The Provider shall not enter into or agree to any settlement containing any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of the City, its elected and appointed officials, agents or employees without the City's prior written consent. 5. REPRESENTATIONS AND WARRANTIES 5.1. Client Representations and Warranties. Client represents and warrants that: (A) Client has all requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder; (B) this Agreement has been duly and validly executed and delivered by Client, and constitutes a valid and binding obligation of Client, enforceable against Client in accordance with its terms; and (C) Neither the execution and delivery of this Agreement by Client nor the consummation by Client of the transactions contemplated by this Agreement will: (i) conflict with or violate any provision of Client's governing and organizational documents; (ii) require on the part of Client any filing with, or any permit, authorization, consent, or approval of, any court, arbitrational tribunal, administrative agency or commission, or other governmental or regulatory authority or agency (a "Governmental Entity"); (iii) conflict with, result in a breach of, constitute (with or without due notice or lapse of time or both) a default under, result in the acceleration of, create in any Person the right to accelerate, terminate, modify or cancel, or require any notice, consent, or waiver under, any agreement, instrument, contract or arrangement to which Client is a party or by which Client or any of its properties are bound; or (iv) violate any order, writ, injunction, decree, law, statute, rule or regulation applicable to Client. 5.2. Flowpoint Environmental Systems Representations and Warranties. Flowpoint Environmental Systems represents and warrants that: (A) Flowpoint Environmental Systems has all requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder; (B) This Agreement has been duly and validly executed and delivered by Flowpoint Environmental Systems and constitutes a valid and binding obligation of Flowpoint Environmental Systems, enforceable against Flowpoint Environmental Systems in accordance with its terms; and (C) Neither the execution and delivery of this Agreement by Flowpoint Environmental Systems nor the consummation by Flowpoint Environmental Systems of the transactions contemplated by this Agreement will: (i) conflict with or violate any provision of Flowpoint Environmental Systems’ organizational documents; (ii) require on the part of Flowpoint Environmental Systems any filing with, or any permit, authorization, consent, or approval of a Governmental Entity; (iii) conflict with, result in a breach of, constitute (with or without due notice or lapse of time or both) a default under, result in the acceleration of, create in any Person the right to accelerate, terminate, modify or cancel, or require any notice, consent, or waiver under, any agreement, instrument, contract or arrangement to which Flowpoint Environmental Systems is a party or by which Flowpoint Environmental Systems or any of its properties are bound; or 5.3 Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider shall promptly correct any errors identified by the City in the Application and in any modification to the Application at no cost to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider shall at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 162 CLOUD BASED SOFTWARE LICENSE AGREEMENT -6- 5.4 Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any Virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such time, then the City shall discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance a. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. 5.5 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT IN SECTIONS 5.3 AND 5.4, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND (II) WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES. TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. 5.6 Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 48-hours of the incident becoming known to the provider. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or unauthorized act or omission, Provider must compensate the City for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. Provider must give the City prompt access to such records related to a Data Incident. 6. LIMITED LIABILITY IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 7. TERM AND TERMINATION 7.1 Initial Term and Renewal. The term of this Agreement shall commence as of the first date on which the Client uses the Software in connection with dispensing water from the System and shall continue for a period of two (2) years thereafter (“Term”). On the date the Term (or any Renewal Term, if applicable) would otherwise expire, unless Client is in default hereunder, this Agreement will automatically renew for successive one (1) year period (each one (1) year period, a “Renewal Term”). The Client may terminate and prevent automatic renewal by sending written notice to Flowpoint Environmental Systems thirty (30) days prior to the expiration date of the Term or Renewal Term, whichever is applicable. 7.2 Termination for Cause. This Agreement may be terminated by a Party for cause immediately upon the occurrence of and in accordance with the following: 163 CLOUD BASED SOFTWARE LICENSE AGREEMENT -7- 7.2.1 Insolvency Event. Either Party may terminate this Agreement by delivering written notice to the other Party upon the occurrence of any of the following events: (i) a receiver is appointed for either Party or its property; (ii) either Party makes a general assignment for the benefit of its creditors; (iii) either Party commences, or has commenced against it, proceedings under any bankruptcy, insolvency or debtor’s relief law, which proceedings are not dismissed within sixty (60) days; or (iv) either Party is liquidated or dissolved. 7.2.2 Default. Either Party may terminate this Agreement effective upon written notice to the other if the other Party violates any covenant, agreement, representation or warranty contained herein in any material respect or defaults or fails to perform any of its obligations or agreements hereunder in any material respect, which violation, default or failure is not cured within thirty (30) days after notice thereof from the non-breaching Party stating its intention to terminate this Agreement by reason thereof. A material breach by Client will include, but is not limited to: (i) failure to pay Royalty Payments in a timely manner; (ii) attempts to assign this Agreement without the express written approval of Flowpoint Environmental Systems; (ii) breach of its confidentiality obligations; (iv) or failure to make timely payments to Flowpoint Environmental Systems under that certain Purchase and Sale Agreement dated of even date herewith. 7.3 Effect of Termination. Upon termination or expiration of this Agreement, Client shall return to Flowpoint Environmental Systems, or at Flowpoint Environmental Systems’ request destroy, the original and all copies of the Software, if applicable, including compilation, translations and partial copies, and Client shall also return to Flowpoint Environmental Systems all documentation and other materials relating to the Software provided to Client under this Agreement or generated by Client in connection with this Agreement. 7.4 Injunction. If Client uses the Software in an unauthorized manner or transfers the Software in breach of this Agreement, such breach may diminish the value of the Software and irrevocably harm Flowpoint Environmental Systems, and Flowpoint Environmental Systems may seek injunctive and/or other equitable relief, in additional to other remedies afforded by law for such breach. 7.5 Survival. Sections 1.2, 1.3, 2.2 (to the extent necessary for Client to pay any Royalty Payments due Flowpoint Environmental Systems following termination of the Agreement), 2.4, 2.5, 3, 4, 5, 6, and 8 shall survive termination or expiration of this Agreement. Notwithstanding anything in the foregoing to the contrary, in the case of termination by Flowpoint Environmental Systems for cause pursuant to Section 7, Client shall pay any outstanding Royalty Payments or other fees owed by Client after termination. 8. MISCELLANEOUS 8.1 Notices. Any notice required or permitted under this Agreement or required by law must be in writing and must be delivered in person, by facsimile, by certified mail (return receipt requested), or by a nationally recognized overnight service with all freight charges prepaid, to the recipient’s address set forth below. Notices will be deemed to have been given at the time of actual delivery, if in person, or upon receipt (as evidenced by facsimile confirmation, return receipt or overnight delivery verification). Either Party may change its address for notices by written notice to the other Party in accordance with this Section. If to Flowpoint Environmental Systems: Flowpoint Environmental Systems, Inc. Attn: Allan Bradley 191 University Blvd Denver, CO 80206-4613 Phone: 1 (877)655-5585 Email: abradley@flowpointsystems.com 164 CLOUD BASED SOFTWARE LICENSE AGREEMENT -8- If to Client: City of Bozeman Attn: Nick Pericich, Superintendent 121 N Rouse Ave. Bozeman MT 59715 Phone: 406-582-2300 Email: NPericich@BOZEMAN.NET 8.2 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud Services Questionnaire, attached as Exhibit B, 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, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. 8.3 Force Majeure. In no event shall a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. 8.4 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. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) 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, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 8.5 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will 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 shall negotiate in good faith to modify this Agreement so as to effect their original intent 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. 8.6 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Montana. 8.7 Assignment. The City may not assign any of its rights or delegate any of its obligations in this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Flowpoint Environmental Systems. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns. 165 CLOUD BASED SOFTWARE LICENSE AGREEMENT -9- 8.8 Export Regulation. The City shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Services or any of the City's Data outside the US. 8.9 Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under this Agreement would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees 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. 8.10 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. 8.11 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] 166 CLOUD BASED SOFTWARE LICENSE AGREEMENT -SIGNATURE PAGE SIGNATURE PAGE TO CLOUD BASED SOFTWARE LICENSE AGREEMENT IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date. FLOWPOINT ENVIRONMENTAL SYSTEMS: Flowpoint Environmental Systems, Inc., a Montana corporation By: CLIENT: City of Bozeman, MT By: Name: Name: Title: Title: Date: Date: 167 CLOUD BASED SOFTWARE LICENSE AGREEMENT -EXHIBIT A EXHIBIT A CLIENT REQUIREMENTS FOR SOFTWARE SETUP 1) Email: if required to send emails from customer’s server the following items are needed to setup email notifications within the cloud software (optional): a. Email Server b. Email Port c. SSL Required d. Authorization Required e. Send HTML Email f. User Name g. Password h. Sender Email Address, something like donotreply@somewhere.com 2) Corporate logo in high resolution JPEG format. 3) Corporate Utilities Mailing address if different from the address in the contract. a. This will appear on the Flowpoint Environmental Systems statements and reports where applicable CUSTOMER REQUIREMENTS FOR E-COMMERCE Not applicable for “LITE” Version of software. For “FULL” version of software, Flowpoint Environmental Systems will require the following details: eCommerce The eCommerce feature will allow the end customer to apply payments to their account online using a credit card. This can be for Prepay Customers only. You will need to sign up with the Full version. Provider Bambora (Beanstream) Moneris Gateway Other providers can be requested Login Information We temporarily need full access to your On-Line Gateway or Merchant account to setup eCommerce. You can either setup another user just for us or change your password once the setup and testing is complete. Initially, set all the security question answers to Flowpoint. Beanstream ‐ Merchant ID or Moneris – PS Store ID Username Password Security Questions – set answers to Flowpoint 168 Cloud Services Questionnaire - Exhibit B 1 of 3 Cloud Services Questions 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? We are currently using Microsoft Azure to host our software and database. They promise an uptime in the 99.5% range. If the website goes down, the truck fill station will continue to operate with its current settings. Once the Cloud service is restored, it will sync with the station to update any new information. 2) Data Ownership: Who owns the data we provide and what can be done with the data? The City owns the data, and may request a database backup at any time. 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. Although we haven’t fully scrutinized our website (cloud solution) according to the above standards, we do believe it meets them. However, if an accessibility issue arises in the future, we will rectify our solution to address the issue. 4) Data Security: How secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? Each of our Customer’s websites/databases are separate, with unique authentication credentials. While the databases/websites are hosted on the same server, they are sandboxed from each other. b. If PII is gathered, is it encrypted in transit and at rest? All PII is encrypted both in-transit and at rest. c. If credit card transactions are occurring is your system fully PCI compliant? While we do facilitate credit card transactions on the customer portal website, we offload all PCI compliance to our various integrated merchants – such as Moneris, Bambora (Worldline), Chase, and several others. 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? Backend: The data contained in the database is heavily constrained by table-relationships and unique keys. The database is redundant – fully backed up with point-in-time incremental backups. We also store historical records (audit trail logs) of critical data – such as station transaction logs or if an admin user creates/modifies/deletes a station transaction. 169 Cloud Services Questionnaire - Exhibit B 2 of 3 Frontend: The online form fields are validated where applicable – such as ‘required fields’, or ‘enforced formatting’ of phone numbers and email addresses. 6) We require data centers to be located in the United States: What country will our data be located in? All data will be stored in the United States. All hosting/storage is also physically located in the United States. 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? Our customer, i.e. City of Bozeman, is notified that their data has been subpoenaed. By law, we need to provide the data. We contact our attorney for advice and recommendation. Our attorney will discuss with the City’s attorney to determine the appropriate action depending on the circumstances. 8) Reporting: What is your protocol for data breaches? Flowpoint has designed their software to contain or store minimal personal information. We do not store credit card, social security, or other critical personal information. If a breach has been determined, we immediately respond by locking/remove the data until the source of the breach can be remedied. We analyze the source of the breach, minimize exposure, recover data, notify involved parties, etc. as outlined in our Data Breach Policy. Once a fix is implemented, the data and service is restored. 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? The database is geo-redundant. In case of local physical disaster, there are multiple copies of the data in other locations around the United States. If hosting is affected, then the database is all we need to restore your website back to a fully-functioning state. 10)Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? The City retains ownership of the data. Upon relationship termination, a database backup will be provided to you within 3 days. The format will be a ‘Microsoft SQL Server 2017’ database backup file. We will ensure that this backup is valid, correct, and able to be restored by the City. 11)Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? According to the contract, the contract can be terminated because of an Insolvency Event or for being in Default. There are no extra penalties (other than amounts owing in the case of being in default) for terminating the contract. 170 Cloud Services Questionnaire - Exhibit B 3 of 3 Questionnaire Completed by:__Clint Kilmer and Gerry Assinger_____ Date:___Dec 8th, 2022____ 171 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Memorandum of Understanding Between the City and Montana State University for the Modern Treatment Wetland Technology Pilot Project at the Bozeman Water Reclamation Facility MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 1 to the Memorandum of Understanding Between the City and Montana State University for the Modern Treatment Wetland Technology Pilot Project at the Bozeman Water Reclamation Facility. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The attached Amendment No. 1 to the MOU with Montana State University modifies the budget and schedule for the ongoing wetland pilot project at the Bozeman WRF. The amendment extends the research timeframe to 2025 and increases the City’s agreed monetary contribution for funding year 4 of 4 to $70k; increases of 1 additional year and $20k respectively. These requested amendments are necessary to address project delays and cost increases respectively caused by the global Covid 19 pandemic and unforeseen price inflation. This wetland pilot project will help the City understand the effectiveness of utilizing treatment wetlands as a tertiary nutrient removal process and will provide design criteria tailored to the predominate climate of the Gallatin Valley. Tertiary wetland treatment could prove itself to be a novel cost effective technology to provide additional nutrient removal capacity to help meet future nutrient effluent limits associated with the City’s Montana Pollutant Discharge Elimination System (MPDES) discharge permit. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:FY23 represents funding year 3 of 4 of the original MOU; upcoming FY24 is 172 year 4 of 4. Payments issued to-date by the City to MSU under the original MOU equal $130k, provided in respective amounts of $30k, $50k and $50k for funding years 1, 2, and 3. Amendment No. 1 to the original MOU increases the City’s year 4 of 4 funding contribution to $70k, an increase of $20k from the original MOU. The City Commission-approved FY24-28 wastewater fund CIP contains $70k in FY24 for project ‘WWIF50 – Joint DEQ/MSU Wetland Pilot’. In its approval of this CIP, the City Commission authorized sufficient budget to fund Amendment No. 1 to the MOU. Payment to MSU will occur in FY24 subject to receipt of an invoice. Attachments: Amendment 1 to Wetland Pilot MOU w MSU 8-March-23.pdf 21- Memorandum of Understanding - MSU to Complete Pilot Project Moder Treatment Wetland Tech.pdf Report compiled on: March 13, 2023 173 174 175 Page 1 MEMORANDUM OF UNDERSTANDING between MONTANA STATE UNIVERSITY and CITY OF BOZEMAN for Collaborative Coursework Projects through the Community-Engaged and Transformational Scholarship (CATS) Program This Memorandum of Understanding (“MOU”) for collaborative coursework projectsis by and between the City of Bozeman (“City”) and Montana State University (“MSU”); each entity referred to as a “Party” to this MOU, and together these entities are referred to as the “Parties.” WHEREAS the City and MSU have enjoyed a long history of collaboration and partnership serving the community; and WHEREAS the MSU CATS Program seeks to match community identified needs and projects with university capacity and expertise while enhancing student engagement with opportunities to apply skills in real contexts; and WHEREAS the City and MSU desiretocollaborate on various courseworkprojects (“Projects”) by teaming City staff and MSU students and faculty from multiple academic disciplines using the Educational Partnerships for Innovation in Communities Network (Epic-N) model; and WHEREAS the City intends to dedicate staff time and resources for the Projects, subject to budget approval by the City Commission, and MSU intends to create opportunities for its students to participate and earn university credit; and WHEREAS this MOU outlines the roles, responsibilities and cost-share of the Parties, and is intended to be flexible and may be amended from time to time as necessary and agreed to by the Parties. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Term. This MOU will commence on the date last signed, and will terminate on June 30, 2023. The term may be extended for additional two-year terms by mutual written agreement of the Parties. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 176 Page 2 2. Project Memoranda of Collaboration (“MOC”). Each Project will be described on a separate Project MOC, signed by the Parties. Each Project MOC will describe the specific services to be performed by and responsibilities of the Parties for that Project, including but not limited to: Description and purpose of the Project; Identified Project objectives and deliverables; Timeline and major milestones; Specific responsibilities of the City and MSU; Project costs and allocation; City and MSU Project-specific contact information; Any additional terms the Parties agree to include for the specific Project. In the event of a conflict between an MOC and this MOU, the terms in the MOC will control. The MOC(s) will be incorporated herein and subject to the terms of this MOU. 3. Modification. Modifications to this MOU will be made by mutual consent of the Parties in writing, signed and dated by each. 4. Termination. Either Party may terminate this MOU at any time by providing written notice to the other Party. 5. Ownership of Deliverables. Each party shall retain ownership of its own work product. Each party hereby grants to the other party a non-exclusive, royalty free, worldwide perpetual license to use, copy, and distribute work product and information provided to and shared between the parties pursuant to this MOU for any lawful purpose. 6. Advertising. Either Party may advertise or share information concerning the Projects in any form and with any media without the consent of the other Party subject to any specific restrictions detailed in each MOC. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 177 Page 3 7. Relationship of the Parties. The Parties agree MSU’s faculty, students, agents, employees, and consultants performing the tasks described in MOCs are not to be considered employees of the City for workers compensation or any other purpose, and are not subject to the terms and provisions of the City’s employee handbook. The City acknowledges and agrees that the projects will be performed by enrolled students under the supervision of faculty for academic credit. The students are not professionals and MSU makes no representation that the services provided under particular MOCs are professional services provided by independent contractors. The projects are undertaken to provide students practical experience as part of the graduate or undergraduate educational experience. 8. Indemnification. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. 9. Insurance. The City will maintain insurance coverage for personal injury and property damage suffered by City’s officials, employees, and agents arising out of or related to this MOU. MSU, 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. 10.Nondiscriminationand Equal Pay. The Parties agree that all hiring of persons performing under this MOU will be on the basis of merit and qualifications. The Parties have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Parties 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. Further, The Parties represent they are in compliance with the requirements of the Equal Pay DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 178 Page 4 Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). The Parties will require these nondiscrimination and equal pay terms of contractors providing services under this MOU. 11. No Joint Venture. Nothing contained in this MOU shall be construed to create any partnership or agency relationship between the Parties for any purpose, action, or transaction, including those related to this MOU. This MOU does not create a joint venture or any form of separate legal entity 12. 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. 13. Appropriation. The Parties agree that City funding for the Projects is subject to budget approval by the City Commission and the City does not guarantee availability of funding for Projects in any fiscal year. 14. Representatives.MSU and City contacts for purposes of this MOU are: MSU Name:Susan Gallagher Address:PO Box 174250 Bozeman, MT 59717-4250 Email:sgallagher@montana.edu City Name:Shawn Kohtz Address:PO Box 1230 Bozeman, MT 59771-1230 Email:skohtz@bozeman.net IN WITNESS WHEREOF, this MOU has been executed by a duly authorized representative of each Party as of the day and year written below. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 179 Page 5 Montana State University: 1/7/21 Date Print Name: ___Craig Woolard__________________ Title: _Head of Department of Civil Engineering, Montana State University_ CITY OF BOZEMAN: Jeff Mihelich Date City Manager, City of Bozeman DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 1/27/2021 180 EXHIBIT A MEMORANDUM OF COLLABORATION Piloting Modern Treatment Wetland Technology for Montana Pursuant to the Memorandum of Understanding for collaborative coursework projects (“MOU”) between the City of Bozeman (“City”) and Montana State University (“MSU”) effective the Parties agree as follows: 1. Project. Piloting Modern Treatment Wetland Technology for Montana (“Project”). 2. PROJECT CONTACTS. i)City Project Contact Shawn Kohtz, 406-582-2288, skohtz@bozeman.net Brian Heaston, 406-582-2282, bheaston@bozeman.net Tom Radcliffe, 406-582-2928, tradcliffe@bozeman.net ii)MSU Project Contacts Otto Stein, 406 994- 6121ottos@montana.edu Christopher R. Allen 994-2161 christopher.allen1@montana.edu Ellen G. Lauchnor 994-2134 ellen.lauchnor@montana.edu Craig Woolard 994-7402 craig.woolard@montana.edu 3. PROJECT PURPOSE AND OBJECTIVES. Treatment wetlands offer an inexpensive option for tertiary treatment of already high quality effluent from mechanical systems and enable those facilities to meetthe highest attainable levels of treatment. Additional data is required to determine removal efficiencies (and hence flow based estimates) for Montana specific conditions, however, rough sizing criteria indicate an area as small as 40 acres would effectively treat the 8.5 million gallons per day (gpd) design flow of the Bozeman Water Reclamation Facility. As part of a greater project piloting several different wetland technologies, MSU will design, assist in construction and monitor water quality from a pilot tertiary wetland system to remove nutrients from effluent of the Bozeman Reclamation facility. A full project description is attached. 4. FINAL DELIVERABLES/WORK PRODUCT. A written report of all research findings will be delivered to Montana Department of Environmental Quality and the City upon completion of the monitoring period. The City will have access to all preliminary findings and City personnel will have input on operation of the pilot systems. 5. ROLES AND RESPONSIBILITIES. i) The City agrees to: Provide funding to MSU in the amount of $30,000 per the City’s currently approved Capital Improvements Plan (FY 2021) to support the implementation and design of the Project per City’s Wastewater Fund Number WW50 1/26/2021 DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 181 Propose funding for construction and operation of the pilot system for City Commission consideration in the total amount of $150,000 over three years including fiscal years 2022-2024. Provide space at the City’s Water Reclamation Facility near the headworks, primary clarifiers, and effluent discharge locations of the plant for the duration of the pilot study Provide data and documentation of previous work products (e.g., program documents, reports, market studies, plans and maps) that may be related to the memorandum of collaboration Convene team of City staff to facilitate project development and provision of technical assistance Offer technical assistance to the extent staff capacity allows for that assistance Have at least one City staff member present at students’ final presentations Communicate any issues or concerns regarding project to MSU Project Lead Enable access to the research site Provide water quality monitoring data for the treatment plant ii) MSU agrees to: Design and oversee construction of several pilot wetlands systems at the Bozeman Water Reclamation facility including systems for raw, partially treated, and polishing of fully treated wastewater Work with City Public Works and reclamation facility personnel to site and maintain pilot infrastructure Support graduate student(s) dedicated to monitoring of the pilot wetland systems Present Project findings to City, and others as deemed necessary Develop draft and final report to be released to City in electronic format, no more than four months after the end of the project Communicate any issues or concerns regarding Project to City staff 6. TIMELINE, MAJOR MILESTONES AND TASKS September, 2020: Proposed Start date March, 2021: submittal of draft construction details for City review May, 2021: Commence construction August, 2021 Limited operation and monitoring to enhance plant growth May, 2022 Full operation and data collection commences September, 2024 Submission of Final Report 7. BUDGET AND PAYMENT. Year 1: $30,000 Years 2-4: TBD in consultation with Montana Department of Environmental Quality and City Commission. The City Commission recently approved the City Capital Improvements Plan for Fiscal Years 2022-2026. $50,000 is included in each of fiscal years 2022, 2023, and 2024 of the City Capital Improvements Plan for construction and operation of the pilot system including analysis of the results. DocuSign Envelope ID: 70BEE274-8E01-4095-91A2-CA4DBADC7ACD 182 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2129 Provisional Adoption, and Resolution 5462, Adoption of Annexation, Regarding the 1001 Thomas Drive Annexation to Annex 15.115 acres and Adjacent Right-of-Way and Amending the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) at 1001 Thomas Drive, Application 22067 MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Adopt Resolution 5462 and Provisionally Adopt Ordinance 2129. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to complete annexation of a single parcel totaling approximately 15.115 acres into the City limits and adjacent public right of way and establish initial zoning of REMU as required by state law. The City Commission unanimously approved the application on August 2, 2022. Application materials are available through the City's Community Development Viewer and Laserfiche. The applicant has satisfied all terms of annexation and final action is required by the City Commission to complete the annexation process. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 22067 1001 Thomas Annex Resolution 5462.pdf 010 Thomas Drive Annexation Exhibit.pdf 22067 1001 Thomas ZMA Ordinance 2129.pdf 011 Thomas Drive Annexation Initial ZMA Exhibit.pdf 183 22067 1001 Thomas Drive Annex Agreement.pdf Report compiled on: March 16, 2023 184 Version April 2020 Page 1 of 3 RESOLUTION 5462 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREIN AFTER 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 TRACTS, KNOWN AS THE 1001 THOMAS DRIVE ANNEXATION, APPLICATION 22067. WHEREAS, the City of Bozeman received a petition for annexation from Vivian Helvik requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 15.115 acres, addressed at 1001 Thomas Drive; 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 2, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on August 2, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on March 21, 2023, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, 185 Version April 2020 Page 2 of 3 rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract 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, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, 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 15.115 acres, to wit: Legal Description The tract of land described in Film 3, Page 49 on file and of record at the Gallatin County Clerk & Recorders Office, being the North Half of the Northeast Quarter of the Southwest Quarter, and the North Half of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana, more particularly described as follows; BEGINNING at the CW 1/16th corner of said Section 35, a blank 1 ½” Alum. Cap; thence N 89°39'00" E, a distance of 1325.02 feet to the calculated Center 1/4 corner of said Section 35; thence S 00°14'21" W, a distance of 496.91 feet to the calculated 1/1024th corner on the Center of Section line; thence S 89°38'23" W, a distance of 1324.56 feet to a C&H yellow plastic cap; thence N 00°11'12" E, a distance of 497.15 feet to the Point Of Beginning. Said area containing 658,428 Square Feet, 15.115 Acres more or less, with and subject to all easements of record. All as depicted on the 1001 THOMAS DRIVE ANNEXATION Map. Section 2 186 Version April 2020 Page 3 of 3 The effective date of this annexation is March 21, 2023. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st day of March, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 187 SHEETMADISON ENGINEERING895 TECHNOLOGY BLVDBOZEMAN, MT 59718(406) 586-0262OF THOMAS DR. ANNEX. ANNEX. EXHIBIT 1 THOMAS DRIVE ANNEXATIONTHOMAS DRIVE ZONE MAP AMENDMENTBOZEMAN, MT1 1" = 0 SCALE 60 1203060 INITIAL ANNEXATION PROPOSED ANNEXATION BOUNDARY LEGEND THOMAS DRIVE ANNEXATION LEGAL DESCRIPTION: ”THOMAS DRIVELOT RFG8591 CURRENT ZONING: COUNTY (AGRICULTURAL SUBURBAN) LOT 3 MINOR SUB 210 CURRENT ZONING: B-P TRACT 1 COS 2856 CURRENT ZONING: R-4 EXHIBIT A THOMAS DRIVE ANNEXATION to BOZEMAN, MONTANA A TRACT OF LAND SITUATED IN THE SW 1/4 OF OF SECTION 35 T1S, R5E P.M.M. GALLATIN COUNTY, MT PARK E CATTAIL CREEK SUB. PH. 2A & 2B CURRENT ZONING: R-3 OPEN SPACE A CATTAIL CREEK SUB. PH. I CURRENT ZONING: R-0 188 Ord 2129 Page 1 of 5 ORDINANCE 2129 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 15.115 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, KNOWN AS THE 1001 THOMAS DRIVE ZONE MAP AMENDMENT, APPLICATION 22067. 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 proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of REMU (Residential Emphasis Mixed Use) for approximately 15.115 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on July 18, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 189 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22067 the 1001 Thomas Drive Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 2, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, 190 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 3 of 5 staff analysis and report, and all submitted public comment recommended approval of the requested REMU 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 the 1001 Thomas Drive Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-3, Residential Medium Density District: An area of land comprised described as follows: The tract of land described in Film 3, Page 49 on file and of record at the Gallatin County Clerk & Recorders Office, being the North Half of the Northeast Quarter of the Southwest Quarter, and the North Half of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana, more particularly described as follows; BEGINNING at the CW 1/16th corner of said Section 35, a blank 1 ½” Alum. Cap; thence N 89°39'00" E, a distance of 1325.02 feet to the calculated Center 1/4 corner of said Section 35; thence S 00°14'21" W, a distance of 496.91 feet to the calculated 1/1024th corner on the Center of Section line; thence S 89°38'23" W, a distance of 1324.56 feet to a C&H yellow plastic cap; thence N 00°11'12" E, a distance of 497.15 feet to the Point Of Beginning. Said area containing 658,428 Square Feet, 15.115 Acres more or less, with and subject to all easements of record. All as depicted on the 1001 THOMAS DRIVE ANNEXATION Map. 191 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 192 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 21st day of March, 2023. ____________________________________ 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 ________________, 2023. The effective date of this ordinance is _____________, ____, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 193 SHEETMADISON ENGINEERING895 TECHNOLOGY BLVDBOZEMAN, MT 59718(406) 586-0262OF THOMAS DR. ANNEX. ZMA EXHIBIT 1 THOMAS DRIVE ANNEXATIONTHOMAS DRIVE ZONE MAP AMENDMENTBOZEMAN, MT1 1" = 0 SCALE 60 1203060 INITIAL ZONE MAP AMENDMENT (REMU) PROPOSED ZMA BOUNDARY LEGEND THOMAS DRIVE ANNEXATION LEGAL DESCRIPTION: ” PARK E CATTAIL CREEK SUB. PH. 2A & 2B CURRENT ZONING: R-3 LOT RFG8591 CURRENT ZONING: COUNTY (AGRICULTURAL SUBURBAN) OPEN SPACE A CATTAIL CREEK SUB. PH. I CURRENT ZONING: R-0 TRACT 1 COS 2856 CURRENT ZONING: R-4 EXHIBIT B THOMAS DRIVE ANNEXATION ZONE MAP AMENDMENT to BOZEMAN, MONTANA A TRACT OF LAND SITUATED IN THE SW 1/4 OF OF SECTION 35 T1S, R5E P.M.M. GALLATIN COUNTY, MT THOMAS DRIVELOT 3 MINOR SUB 210 CURRENT ZONING: B-P 194 1001 THOMAS DRIVE Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 1001 THOMAS DRIVE ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2022, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Seven Ox Seven, O’Reilly Partnership, And 4 Clovers, 2246 Boothill Court, Suite 1, Bozeman, MT 59715 hereinafter referred to as "Landowner". The effective date of this Agreement shall be the date upon which the Bozeman City Commission adopts a resolution creating the 1001 Thomas Drive Annexation and authorizing execution of this Agreement. WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 1001 THOMAS DRIVE ANNEXATION or “Property” situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: The tract of land described in Film 3, Page 49 on file and of record at the Gallatin County Clerk & Recorders Office, being the North Half of the Northeast Quarter of the Southwest Quarter, and 195 1001 THOMAS DRIVE Annexation Agreement 2 the North Half of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana, more particularly described as follows; BEGINNING at the CW 1/16th corner of said Section 35, a blank 1 ½” Alum. Cap; thence N 89°39'00" E, a distance of 1325.02 feet to the calculated Center 1/4 corner of said Section 35; thence S 00°14'21" W, a distance of 496.91 feet to the calculated 1/1024th corner on the Center of Section line; thence S 89°38'23" W, a distance of 1324.56 feet to a C&H yellow plastic cap; thence N 00°11'12" E, a distance of 497.15 feet to the Point Of Beginning. Said area containing 658,428 Square Feet, 15.115 Acres more or less, with and subject to all easements of record. All as depicted on the 1001 THOMAS DRIVE ANNEXATION Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the 1001 THOMAS DRIVE is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 1001 THOMAS DRIVE ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 1001 THOMAS DRIVE ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the 1001 THOMAS DRIVE ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and 196 1001 THOMAS DRIVE Annexation Agreement 3 WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the 1001 THOMAS DRIVE ANNEXATION; and WHEREAS, 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 implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed a complete application for annexation of the 1001 THOMAS DRIVE ANNEXATION with the City on February 15, 2022. By execution of this Agreement, the City manifests its intent to annex the 1001 THOMAS DRIVE ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1001 THOMAS DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 1001 THOMAS DRIVE ANNEXATION. 3. Services Provided 197 1001 THOMAS DRIVE Annexation Agreement 4 The City will, upon annexation, make available to the 1001 THOMAS DRIVE ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 1001 THOMAS DRIVE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 1001 THOMAS DRIVE ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied 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 not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 1001 THOMAS DRIVE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 1001 THOMAS DRIVE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water and Sewer Connections Landowner understands and agrees that water and sewer services must be constructed in 198 1001 THOMAS DRIVE Annexation Agreement 5 accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction requirements. Landowner further understands and agrees that prior to connection to the City water and sewer system, any existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Division that the abandonment occurred. The Landowner must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that any sanitary sewer line has been completely disconnected from any existing septic system prior to the Landowner connecting the to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to municipal domestic water piping. Certification that there is no physical connection between any on-site well and a domestic water line coming from the City’s water supply must be provided. The City Water and Sewer Division may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon any existing septic system and/or fails to disconnect any existing well from the domestic water piping as required herein the City may upon ten day’s written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by 199 1001 THOMAS DRIVE Annexation Agreement 6 the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The Landowner must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development that the City of Bozeman determines are useful for city purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Utilities, prior to development. 8. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 1001 THOMAS DRIVE ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in 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, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any 200 1001 THOMAS DRIVE Annexation Agreement 7 of the 1001 THOMAS DRIVE until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the 1001 THOMAS DRIVE ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 1001 THOMAS DRIVE ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 1001 THOMAS DRIVE ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development 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. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the 1001 THOMAS DRIVE ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the 1001 THOMAS DRIVE ANNEXATION. 201 1001 THOMAS DRIVE Annexation Agreement 8 11. Waiver of Right-to-Protest Special Districts A. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for: a. Street improvements to North 27th Avenue (Thomas Drive) between Baxter Lane and Catamount Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Davis Lane between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Hunters Way (Blackbird Drive) between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Windward Way (Park Creek Avenue) between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to Equestrian Lane (Sartain Street) between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to Rawhide Ridge between North 19th Avenue and Hunters Way including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to Kimberwicke between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h. Street improvements to Cattail Street between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. i. Street improvements to Hoover Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. j. Street improvements to Renee Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver was recorded with the Gallatin County Clerk and Recorder on June 7, 2022 as Document No. 2777757. 202 1001 THOMAS DRIVE Annexation Agreement 9 B. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts (“SID”) or Special Districts for Intersection improvements including lighting, signalization and channelization, paving, curb/gutter, sidewalk, and storm drainage for: a. Intersection improvements at Cattail Street and North 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Cattail Street and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Cattail Street and North 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Baxter Lane and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at North 27th Avenue and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver was recorded with the Gallatin County Clerk and Recorder on June 7, 2022 as Document No. 2777757. C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Public Street and Utility Easements The Landowner understands and agrees that a public street and utility easement must be provided at the time Landowner returns the signed annexation agreement for the portion of North 27th Avenue (Thomas Drive) that is adjacent to its Property, which is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way (“ROW”) width of ninety (90) feet. 203 1001 THOMAS DRIVE Annexation Agreement 10 The Landowner must provide its respective Thomas Drive ROW section from the centerline of the existing ROW or the entire section (if the street section resides within the proposed annexation area) as a public street and utility easement where Thomas Drive is adjacent to the Property. The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development, and in such event, the easement shall be provided at the Landowner’s sole expense. 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of North 27th Avenue (Thomas Drive) and its related transportation infrastructure fronting the 1001 THOMAS DRIVE ANNEXATION must be improved to a City standard. The City may allow phasing of street improvements coordinated with development areas. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, 204 1001 THOMAS DRIVE Annexation Agreement 11 as amended, in effect at the time 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 the time an application for building permit is submitted. Nothing in this Agreement shall be construed to abridge Landowner’s rights, under Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim or assert credits, exemptions or refunds from the imposition of impact fees. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the 1001 THOMAS DRIVE ANNEXATION to municipal services and 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 default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the 1001 THOMAS DRIVE ANNEXATION will be subject to City charges and assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 16. Additional Terms 205 1001 THOMAS DRIVE Annexation Agreement 12 The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 1001 THOMAS DRIVE ANNEXATION. The parties further agree that the City may file these documents at any time. 17. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 18. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 19. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 20. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 21. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 22. No Assignment 206 1001 THOMAS DRIVE Annexation Agreement 13 It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 23. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 24. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 1001 THOMAS DRIVE ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 207 1001 THOMAS DRIVE Annexation Agreement 14 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2022. LANDOWNER _________________________________________ Seven Ox Seven, O’Reilly Partnership, 4 Clovers By: Debbie O’Reilly Title: _________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2022, before me, the undersigned, a Notary Public for the State of , personally appeared ____Debbie O’Reilly__, known to me to be the ________________ of _ Seven Ox Seven, O’Reilly Partnership, 4 Clovers__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 208 1001 THOMAS DRIVE Annexation Agreement 15 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2022, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument 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 and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 209 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Reconsideration of a Prior Commission Decision Regarding the Cloverleaf Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue Consisting of Approximately 3.1995 Acres Including the Adjacent Rights-of-way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District Mixed), Application 22218 MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22218 and move to approve the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The owners, Bronken’s Distributing, Box 188, Bozeman, MT 59771, and applicant Cloverleaf LLC, Box 161236, Big Sky, MT 59716 submitted an application to rezone a city block totaling 3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business-Mixed). The property currently hosts variety of existing buildings primarily supporting Bronken’s Distributing. No future development plans or indication of future development plans were submitted with the application. The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on the application on October 3, 2022 and voted 5:3 to recommend approval of the application. A recording of the hearing can be reviewed at the following link. https://bozeman.granicus.com/player/clip/1233? view_id=1&redirect=true&h=523343071b142cd26dc6fbc6ba94a373 210 On November 1, 2022 and continued on November 22, 2022 the Bozeman City Commission considered the aforementioned application. After considering the staff report, application materials, public comment, Zoning Commission recommendation, and all information presented for application 22218 and voted (2:3) to approve the requested zoning change. The motion failed. A full recording of the review and decision can be reviewed at the following video link: https://bozeman.granicus.com/player/clip/1920? view_id=1&redirect=true&h=3cd5302afca8f59eefe0848091c98be2 The Bozeman Economic Development Department drafted a Resolution to approve the use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs related to eligible cost for the Cloverleaf development for a commitment to create 14 affordable and workforce housing units. Eleven (11) units of housing would meet affordability standard of being affordable to households making 80% of the area median income (AMI). A previous Development Agreement for the Wildlands Development required the construction of at least 3 units of workforce housing at another property controlled by Outlaw Real Estate Partners. This project delivers on that commitment: The project will include an additional 3 units of housing that are affordable to residents making 120% of AMI. On February 7, 2023 the City Commission voted to adopt Resolution 5478. A link to the packet materials is listed below: https://d2kbkoa27fdvtw.cloudfront.net/bozeman/de894881a9eaa55938e4b5f5b4f41cbd0.pdf On February 14, 2023 the City Commission acted to reconsider a prior decision pursuant to section 2.02.100.D, BMC. The Commission voted 3:1 to reconsider the Cloverleaf Zone Map Amendment after providing public notice. Public notice was provided pursuant to section 38.220.420, BMC for a public meeting on March 28, 2023. No additional information from the applicant of the Cloverleaf Zone Map Amendment Application 22218 has been received. Additional public comment and protest on the application and reconsideration has been received. As of Thursday, March 23, 2023 the submitted protest for the proposed zoning change has been met. Therefore a two-thirds majority vote of the present and voting members of the City Commission is required to approve the application. The original Staff Report for Cloverleaf Zone Map Amendment prepared for the November 1 & 22, 2022 public hearing can be found at the following link. A full video recording of the Commission proceedings on the zoning review is listed above. https://d2kbkoa27fdvtw.cloudfront.net/bozeman/76d6c64eb694c66843a0ff9306bf28f20.pdf 211 UNRESOLVED ISSUES:There were no identified conflicts with the original review of this application. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Report compiled on: March 14, 2023 212 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Historic Preservation/Associate Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Public Hearing and Decision for Commercial Certificate of Appropriateness Application with two deviation requests to allow for two signs at Westgate Village Shopping Center, 1003-1011 West College Street, application 23018 (Quasi-judicial) MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 23018 meets the criteria required for approval and move to approve the Westgate Village CCOA application with two deviation requests from the Bozeman Municipal Code; the first from 38.560.030 to allow for a roof sign that is not permitted under the sign code and; the second from 38.560.060, to allow for a pole sign that is not permitted in the B-1 zone district. 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 property owner of 1003-1011 West College Street has applied for a Commercial Certificate of Appropriateness application (CCOA) with two deviation requests to replace two original signs that are historically part of the Westgate Village shopping mall. The first deviation request is from BMC 38.560.030 to allow for roof top sign which is not permitted in any zone district. The second deviation request is from BMC 38.560.060 to allow for a pole sign which is not permitted in the B-1 zone district. The property is located in the B-1, Neighborhood Business District and is located within the Neighborhood Conservation Overlay District (NCOD). The Westgate Village shopping mall is located on West College Street across from Montana State University (MSU). There are four tenants within the building; Columbo’s Pizza, Cub Power Skate Shop, Greener Pastures, and a vacant unit that is expected to be a small restaurant. Westgate Village was built in 1957 and is Bozeman’s first multi-unit shopping center. The building was designed by Hugo Eck, a locally famous architect 213 and professor at MSU. Due to the history of Westgate Village, the architect, the property’s integrity, and the historical significance as a mid-century shopping center, it has been determined for listing in the National Register of Historic Places by the Montana State Historic Preservation Office (SHPO). The property owner is undertaking the process to have the mid-century shopping center nominated to be listed. The Historic Property Record form and application provides additional historic information that is part of this application. These deviation requests are required due to the signs no longer existing and having to be reconstructed. This property also has a Comprehensive Sign Plan (CSP) application 22302 to make the existing three rooftop signs and one pole sign (Colombo’s sign) designated as a historic or culturally significant sign per 38.560.170. This CSP application is required to be adopted by resolution (number 5484) and was heard at the City Commission meeting on March 21, 2023 and approved. A description and staff evaluation of these standards is in Section 7 of this report. Staff concludes that the replacement of the signs meets all the criteria for granting a deviation and that the modifications are historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in section 38.340.050 BMC, than would be achieved under a literal enforcement of Chapter 38. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:None Attachments: 23018 Staff Report.pdf Report compiled on: March 15, 2023 214 23018 Staff Report for Westgate Village CCOA/Deviation Page 1 of 18 23018 Staff Report for Westgate Village CCOA Application with Deviation Request Application Date: City Commission Public Hearing, March 28, 2023 6:00pm Project Description: Commercial Certificate of Appropriateness (CCOA) application with a deviation on January 18, 2023 to replace two original signs that were historically part of the property which include a rooftop and a pole sign. Per 38.560.030, roof signs are not permitted and per 38.560.060, pole signs are not permitted in the B-1 zone district. The property is zoned B-1, not located in a historic district, and is within the Neighborhood Conservation Overlay District. Project Location: West Babcock Addition, S12, T02 S, R05 E Block 52, Lot 11-14, City of Bozeman, Gallatin County, Montana Recommendation: The application conforms to standards and is sufficient for approval. Recommended Motion for Deviation: “Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 23018 meets the criteria required for approval and move to approve the Westgate Village CCOA application with two deviation requests from the Bozeman Municipal Code; the first from 38.560.030 to allow for a roof sign that is not permitted under the sign code and; the second from 38.560.060, to allow for a pole sign that is not permitted in the B-1 zone district.” Report Date: Thursday, March 16, 2023 Staff Contacts: Sarah Rosenberg, AICP, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues None identified at this time Project Summary The property owner of 1003-1011 West College Street has applied for a Commercial Certificate of Appropriateness application (CCOA) with two deviation requests to replace two original signs that are historically part of the Westgate Village shopping mall. The first deviation request is from BMC 38.560.030 to allow for roof top sign which is not permitted in any zone district. The second deviation request is from BMC 38.560.060 to allow for a pole sign which is not permitted in the B-1 zone district. 215 23018 Staff Report for Westgate Village CCOA/Deviation Page 2 of 18 The property is located in the B-1, Neighborhood Business District and is located within the Neighborhood Conservation Overlay District (NCOD). The Westgate Village shopping mall is located on West College Street across from Montana State University (MSU). There are four tenants within the building; Columbo’s Pizza, Cub Power Skate Shop, Greener Pastures, and a vacant unit that is expected to be a small restaurant. Westgate Village was built in 1957 and is Bozeman’s first multi-unit shopping center. The building was designed by Hugo Eck, a locally famous architect and professor at MSU. Due to the history of Westgate Village, the architect, the property’s integrity, and the historical significance as a mid-century shopping center, it has been determined for listing in the National Register of Historic Places by the Montana State Historic Preservation Office (SHPO). The property owner is undertaking the process to have the mid-century shopping center nominated to be listed. The Historic Property Record form and application provides additional historic information that is part of this application. These deviation requests are required due to the signs no longer existing and having to be reconstructed. This property also has a Comprehensive Sign Plan (CSP) application 22302 to make the existing three rooftop signs and one pole sign (Colombo’s sign) designated as a historic or culturally significant sign per 38.560.170. This CSP application is required to be adopted by resolution (number 5484) and will be heard at the City Commission meeting on March 21, 2023. A description and staff evaluation of these standards is in Section 7 of this report. Staff concludes that the replacement of the signs meets all the criteria for granting a deviation and that the modifications are historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in section 38.340.050 BMC, than would be achieved under a literal enforcement of Chapter 38. No public comment has been received as of writing this staff report. Conditions of Approval None Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. 216 23018 Staff Report for Westgate Village CCOA/Deviation Page 3 of 18 TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................................................................................. 1 TABLE OF CONTENTS................................................................................................................. 3 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY ................................................ 16 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................................. 17 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ............................................ 17 FISCAL EFFECTS ....................................................................................................................... 17 ATTACHMENTS ........................................................................................................................ 17 217 23018 Staff Report for Westgate Village CCOA/Deviation Page 4 of 18 SECTION 1 – MAP, PLANS, AND ELEVATIONS Figure 1. Zoning Map 218 23018 Staff Report for Westgate Village CCOA/Deviation Page 5 of 18 Figure 2. Roof signs – second one from left to be replaced 219 23018 Staff Report for Westgate Village CCOA/Deviation Page 6 of 18 Figure 3. Sign location site plan 220 23018 Staff Report for Westgate Village CCOA/Deviation Page 7 of 18 Figure 4. Westgate Village pole sign 221 23018 Staff Report for Westgate Village CCOA/Deviation Page 8 of 18 222 23018 Staff Report for Westgate Village CCOA/Deviation Page 9 of 18 Figure 6-11. Historic photos & documents 223 23018 Staff Report for Westgate Village CCOA/Deviation Page 10 of 18 SECTION 2 – REQUESTED DEVIATION(S) An applicant has applied for a Commercial Certificate of Appropriateness application (CCOA) to replace two original signs that are historically part of the Westgate Village shopping mall which require a deviation request. The first deviation request is from BMC 38.560.030 to allow for roof top sign which is not permitted in any zone district. The second deviation request is from BMC 38.560.060 to allow for a pole sign which is not permitted in the B-1 zone district. The total area of the signs part of this deviation request is 94 square feet. The signs that are part of the historically and culturally significant designation are 156 square feet. The total area of signs is 250 square feet. The B-1 zone district allows 80 square feet per building. SECTION 3 – RECOMMENDATIONS AND FUTURE ACTIONS The Development Review Committee 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 March 5, 2023. Pursuant to Section 38.200.010.A.1.k BMC, the City Commission retains to itself under all circumstances the review of any deviation request where the deviation is for more than 20% of the standard. Since the deviations request to replace non-surviving historic signs that do not meet the standards of BMC 38.560, they are requesting a deviation that exceeds the 20% threshold requires City Commission review and determination. The application must also meet the standards for granting deviations in Section 38.340.070, BMC. Staff’s position is that the application conforms to standards and is adequate for approval. Staff has made positive findings for all deviation criteria and believes the replacement of the signs is reflective of the historic significance of the building. The City Commission will conduct a public hearing on the application on Tuesday, March 28, 2023 at 6:00 p.m. If attending in-person, the meeting is held in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, MT. SECTION 4 – STAFF ANALYSIS AND FINDINGS Staff’s 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 in this report is a summary of the completed review. Historic Context & Architectural Description The Westgate Village shopping center is considered eligible under the National Register of Historic Places under criteria B, association with the lives of persons significant in our past and criteria c, properties that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that 224 23018 Staff Report for Westgate Village CCOA/Deviation Page 11 of 18 represents a significant and distinguishable entity whose components may lack individual distinction. The findings are supported by SHPO who has reviewed the historic inventory form. The architectural style is international/post WWII/mid-20th century/multi-unit retail center. It was built in 1957 and considered the first small neighborhood multi-unit retail shopping center in Bozeman. The original design is largely intact. The building was built as a five-unit, simple rectangular plan, one-story building with a flat, built-up roof. There is a walkway that has a roof that projects off the building from the front (south) elevation. The south façade fronts an asphalt parking lot that immediately adjacent to the north edge of West College Avenue and adjacent sidewalk. Applicable Plan Review Criteria 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. In considering applications for plan approval, the review authority and advisory bodies evaluate the following criteria. This application must be reviewed for compliance with all applicable requirements of this BMC chapter including overlay district requirements. The staff findings are analyzed under the following: Code Standard Meets Standards? Secretary of Interior’s (SOI) Standards for Reconstruction of Historic Properties Yes BMC 38.340.050 Standards for Certificate of Appropriateness Yes BMC 38.340.070 Criteria for Granting Deviations Yes Secretary of Interior’s Standards for The Treatment of Historic Properties – Guidelines for Reconstruction The National Park Service guidelines for working on historic structures provides standards for reconstruction as a treatment. Reconstruction is defined as the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. The guidelines list six standards for reconstruction; these have been evaluated individually by staff below: 1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture and such reconstruction is essential to the public understanding of the property. 225 23018 Staff Report for Westgate Village CCOA/Deviation Page 12 of 18 The Westgate pole sign was removed sometime between 1986 and 1988 and the roof sign was removed sometime between 1997 and 2001. The purpose of replacing these signs is to depict the period of significance (1957-1973) and restore more of the site to how it looked before. The property owner is expecting to do some restoration in the coming years to the building to recognize its period of significance. There are three existing roof signs and the Colombo’s Pizza and Pasta pole sign that are proposed to be designated as historically and culturally significant via Resolution 5484 as outlined in the UDC Section 38.560.170 and per the NCOD intent to “stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas.” The one replacement roof sign will be in the exact location as the original. Surviving elements of the signs have not changed since their original construction so the replication of the roof sign in question will consist of the same material and size of what exists. Roof signs were originally designed and constructed to attract business from shoppers in passing vehicles. To conform to the proportions of the existing rooftop signs, the new sign will be 5’ high x 12’ wide. These lights will be internally lit. The Westgate Pole Sign, although it will not be placed in its original location on the southeast corner of the property, where the Colombo’s sign is located, will be moved to the southwest corner. This will be to allow for a parking lot reconfiguration which will take place in the future. The free-standing pole sign will be constructed based on historic photographs and the original sign permit. The sign will measure approximately 5’ high by 7’8” wide and be supported by three vertical iron posts. The height of the sign will be approximately 18’ tall. The sign will be lighted from the interior and painted the same colors, white posts, black sign frame, yellow plastic sign background with red and black lettering of the same style and font as the original to keep with the original design. The property owner is also proposing to add four individual business signs below. Although this wasn’t historically how the sign was designed, this is a traditional component of mid-century pole signs. Staff finds that the new design meets the criteria of being historically appropriate for the site as outlined in the deviation standards section 38.340.070. 2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken. The period of significance identified to restore the signs is 1957-1973. Physical evidence such as photos, sign permits, and newspaper documentation show that the rooftop signs and the pole signs existed during that time. The design, construction, and location of the signs are an important part of the story and era of the midcentury as it reflects the post-war evolution of West College Street. Although the new signs can’t be considered contributing elements due to their age, they represent a unique period and enhance the significance of Westgate Village as Bozeman’s first ever shopping center. 226 23018 Staff Report for Westgate Village CCOA/Deviation Page 13 of 18 3. Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships. The reconstruction of these signs use photographic evidence for the design. The methods to place them will ensure that any historic materials will be preserved. 4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the non-surviving historic property in materials, design, color and texture. The reconstructed signs will re-create the appearance of the historic signs. The pole sign will depict the historic sign but also have four individual signs below which is a traditional component of mid-century signs. The roof sign will use the same materials that the other three existing roof signs are made of. In summary, staff finds that the proposal to replace the pole sign and roof sign meets the Secretary of Interior Standards for Restoration. Standards for Certificate of Appropriateness In compliance with Section 38.340.050 BMC – Standards for certificates of appropriateness. The staff review considered criteria A-F when reviewing the COA application for the roof sign and pole sign proposal, staff has individually evaluated the criteria below: A. All work performed in completion of an approved certificate of appropriateness must be in conformance with the most recent edition of the Secretary of the Interior's (SOI) Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. The proposed signs meet the SOI Standards for Reconstruction. See analysis above. B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties, and with neighboring structures and properties, must focus upon the following: 1. Height; Not applicable. 2. Proportions of doors and windows; Not applicable. 3. Relationship of building masses and spaces; Not applicable. 4. Roof shape; Not applicable. 5. Scale; Not applicable. 227 23018 Staff Report for Westgate Village CCOA/Deviation Page 14 of 18 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; Not applicable. 7. Architectural details; Not applicable. 8. Concealment of non-period appurtenances, such as mechanical equipment; Not applicable. 9. Materials and color schemes (any requirements or conditions imposed regarding color schemes must be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). The materials and color scheme proposed for the roof sign and pole sign reflect those that are historically appropriate and represented through documented evidence. The wire frame and metal mesh materials on the roof still exist on the other roof signs and will be replicated. The Westgate pole sign will use metal, plastic and internal lighting which is traditionally seen in post war signs. Plastic transformed sign development in this era as it had several advantages over other traditional materials and would glow when lit from within as detailed in Preservation Brief 25. C. Contemporary, non-period and innovative design of new structures and additions to existing structures is encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. The reconstruction of the new signs are elements from the period of significance. The State Historic Preservation Office concludes that the restoration of the signs contributes to the site as a whole and the commercial corridor. D. When applying the standards of subsections A through C of this section, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district (NCOD). Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design for new structures or additions to existing structures, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures. 228 23018 Staff Report for Westgate Village CCOA/Deviation Page 15 of 18 Sign standards can be found on page 74 of the NCOD Design Guidelines. The placement of these signs maintains the integrity of the building and enhances the cultural significance of the site. E. Conformance with other applicable development standards of this chapter. Development in the NCOD must comply with all other applicable development standards of this chapter. The proposed signs do not comply with Section 38.560.060 BMC, and thus a deviation has been requested for the placement of the signs. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2. NA, tax abatement was not requested in the application. In summary, staff finds that based on the above criteria, the proposed roof and pole sign meets the standards for Certificate of Appropriateness. Criteria for Granting Deviations Pursuant to Section 38.340.070 BMC, there are three criteria for granting deviations from the underlining zoning requirement. 1. Modifications must be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in Section 38.340.050, than would be achieved under a literal enforcement of this chapter. The proposed signs are historically appropriate for the site as there are detailed findings supporting the historical and cultural significance of the signage and Westgate Village. The Westgate Village shopping center remains largely intact and the restoration of it reflects its period of significance (1957-1973). In reviewing the SOI preservation standards, City code, and the NCOD Design Guidelines for Historic Preservation, staff supports the applicant’s argument that the proposed addition meets Criteria 1 for Granting Deviations. 2. Modifications will have minimal adverse effects on abutting properties or the permitted uses thereof. The proposed signs will have minimal adverse effects on abutting properties. The signs will be internally lit which is allowed by the sign code. The restoration of the signs has the potential to contribute to place-making in the area. The surrounding area is a lit commercial corridor that caters to the university traffic. The signs help relate the historic building to the public right of way and the surrounding sites. 229 23018 Staff Report for Westgate Village CCOA/Deviation Page 16 of 18 3. Modifications must assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications, or any other conditions in conformity with the intent and purpose set forth in this part 1. Staff has not identified any potential issues related to public health, safety and general welfare as it related to the proposed application. The relocation of the Westgate Village pole sign will improve pedestrian safety on the site. Additionally, the applicant will be required to obtain sign permits prior to the installation of the restored signs. The permits will be evaluated for light intensity and compliance with mounting and other building permit standards which will ensure the protection of public health, safety, and general welfare. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned Neighborhood business district (B-1). The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods. While the signs are intended to capture the attention of motor vehicles that are traditionally seen in shopping centers of this time period, the applicant is also proposing to add bicycle parking at the bottom of the restored pole sign that will improve the site for users. Adopted Growth Policy Designation: The subject property is designated Community Commercial Mixed Use: The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service 230 23018 Staff Report for Westgate Village CCOA/Deviation Page 17 of 18 areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. APPENDIX B – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail on March 10, 2023 which was at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on March 12 and March 26. A notice sign was posted on site on March 10, 2023. No public comment has been received as of writing this staff report. Letters of support were received as part of the application. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant/Representative: Feather & Fig Enterprises, LLC, 415 S. 8th Avenue, Bozeman, MT 59715 Report By: Sarah Rosenberg, AICP, Historic Preservation/Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS The full application and file of record can be viewed digitally at https://gisweb.bozeman.net/Html5Viewer/?viewer=planning select the “Project Documents Folder” link and navigate to application 23018, 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=271945&dbid=0&repo=BOZEMAN 231 23018 Staff Report for Westgate Village CCOA/Deviation Page 18 of 18 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=23-018 232 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Speed Limits in the Bozeman SAFE Plan MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:No action suggested. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:In support of a City Commission priority to evaluate speed limit reduction in Bozeman, Staff have taken on a project to recommend a new manner of setting safe speeds. This work session will present options and seek guidance from Commission before finalizing a proposal for approval at a future time. The presentation will focus on Speed Limits and staff's plans for a comprehensive review and revision to speed limits across the City as outlined in our Bozeman Streets Are For Everyone (SAFE) Plan . The effect of vehicle speed is related to the tolerance of the human body to kinetic energy. The kinetic energy of an object is defined by the square of its speed. In other words, a car going 40 mph carries 4 times the energy of a car going 20 mph. This means that speed has an exponential impact on the severity of injury in a crash. Because of this, managing vehicular speeds is a significant focus of the SAFE Plan. One way that the City of Bozeman intends to manage vehicle speed is by reviewing and revising speed limits across the City. Recent research indicates that reducing speed limits has more of an impact on driver behavior than was previously thought. A 2017 Insurance Institute for Highway Safety study in Boston found that just reducing the citywide speed limit to 25 mph from 30 mph reduced speeding overall and dramatically decreased the instances of high-end speeding (vehicles traveling faster than 35 mph). The Commission is encouraged to review the City Limits guide from the National Association of City Transportation Officials in advance of the session Upon gaining guidance from Commission through this work session, a full staff report with final recommendations will be prepared for review and 233 approval. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified. FISCAL EFFECTS:None. Report compiled on: February 6, 2023 234 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointment to the Economic Vitality Board MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member, Will Shepherd, to the Economic Vitality Board to a term ending December 31, 2023. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Economic Vitality Board has two vacancies due to a resignation with a term expiring December 31, 2023. The City Clerks Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until January 20, 2023. One qualified application was received: Will Shepherd An interview panel was held in conformance with Resolution 5323 on March 10 consisting of the Staff Liaison, Brit Fontenot, the Board Chair, Katy Osterloth, and the Commission Liaison, Commissioner Coburn. UNRESOLVED ISSUES:None ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: 01-12-23 - CAB Applications - William Shepherd.pdf Report compiled on: March 13, 2023 235 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Thursday, January 12, 2023 5:28:06 PM Citizen Advisory Board Application Submission #:2183201 IP Address:69.145.61.64 Submission Date:01/12/2023 5:27 Survey Time:8 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name William Shepard Residential Address 209 S 9th Ave C Bozeman, MT 59715 Primary Phone 8023593886 Additional Phone Current Occupation Professional Guide Employer Wild Trout Outfitters Email will.mc.shepard@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years Have you ever served on a City or County Board or Commission? 236 No Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a young professional working to become a licensed real estate agent in Montana. As a guide, I know the tremendous economic value that tourism provides Bozeman. I have professional experience in journalism and marketing – and have an aptitude for evaluating market systems. A political science graduate, I live, breathe, and study public and economic policy: how to implement, analyze, research, and enhance it. I understand our community and can provide unique insight as a young adult. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am acutely aware of our community’s lack of DEI. I know the statistics, have researched and studied the city’s work in this, and understand the approach Bozeman is taking. I have spent hours discussing and writing about DEI and how to best implement its values. DEI is not a one-off; it does not apply to certain people or certain aspects of life. I strongly believe that our city vision needs to incorporate DEI into the daily routines, not be referenced only as a “guiding principle.” References Read-Only Content Reference #1 Full Name Jerry Johnson Phone 4065393495 Email jdj@montana.edu Section Break Reference #2 Full Name Carder Gilbert Phone 9377768078 Email geniecarder.gilbert@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Brit Fontenot; and after attending the City Commission meeting on January 10th. Is there any other information that you feel we need to know? My passion for policy and bureaucracy lies primarily in economic development. I want to make a positive impact on Bozeman’s economic strategies and policies. As a young adult, I will and can provide a unique perspective and well- educated feedback on how to make Bozeman thrive. A position on the Economic Vitality Board would mean the world to me. I want Bozeman to live up to its potential and know that I can help in this process. Read-Only Content 237 Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 238 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointment to the Gallatin County Water Quality District MEETING DATE:March 28, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member as the City Commission's designee to the Gallatin County Water Quality District Board STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The City Commission designee position on the Gallatin Local Water Quality District Board is vacant. The Gallatin Local Water Quality District was created by Resolution No. 1995- 55 of the Gallatin County Commission, and approved by the Montana Board of Environmental Review in 1997. The focus of the Gallatin Local Water Quality District is water resources education and water quality monitoring for increased awareness of water-related issues and public health. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: Jeralyn Rittenhouse.pdf Kayla Mehrens.pdf Report compiled on: March 17, 2023 239 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, March 8, 2023 9:21:01 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Citizen Advisory Board Application Submission #:2290060 IP Address:71.15.196.142 Submission Date:03/08/2023 9:20 Survey Time:25 minutes, 15 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Jeralyn Rittenhouse Residential Address 1801 W Olive St 16 Bozeman, MT 59715 Primary Phone 4066005756 Additional Phone Current Occupation Deputy Director, Medicaid IT Employer State of North Carolina Email jeralyn.rittenhouse@protonmail.com Which position are you applying for? Gallatin Local Water Quality District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 240 1-5 years Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I've worked with many governments globally setting up and facilitating governance, and other advisory functions, related to healthcare and the environment. I'd like to apply these insights to my hometown. While working with Australian, New Zealand, and multiple African governments, I was awarded New Zealand Women in Governance finalist. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I've lived in many other countries, including on the Asian and African continents. I also work for the State of North Carolina and have been recognized formally for having the most diverse team within the DHHS. To me this is critical for social change within the US and produces the best teaming dynamics. References Read-Only Content Reference #1 Full Name Timothy Pfeifle Phone 4065708474 Email timothy.pfeifle@alpengloweventscapes.com Section Break Reference #2 Full Name Julie Sanchez Phone 5054852989 Email cer305@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Bozeman.net Is there any other information that you feel we need to know? I'm open to different boards as needed. Read-Only Content Thank you, City Of Bozeman 241 This is an automated message generated by Granicus. Please do not reply directly to this email. 242 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Friday, February 10, 2023 8:23:59 AM Citizen Advisory Board Application Submission #:2237836 IP Address:72.175.50.34 Submission Date:02/10/2023 8:23 Survey Time:51 minutes, 20 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Kayla Mehrens Residential Address 411 N. Ida Ave. Bozeman, MT 59715 Primary Phone 4069201442 Additional Phone Current Occupation Consultant Employer AE2S Email kayla.mehrens@ae2s.com Which position are you applying for? Gallatin Local Water Quality District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? No 243 Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I served as the City of Bozeman's Stormwater Program leader for nearly a decade, and now work for a regional consulting firm that assists clients in solving stormwater, water, and wastewater challenges throughout the Midwest and inter-mountain regions. My objective for joining and serving on this board - put simply - is to help Gallatin County solve its significant water resource challenges. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I've undergone extensive DEI training while working for the City of Bozeman and other previous employers. References Read-Only Content Reference #1 Full Name Jessica Ahlstrom Phone 4065822265 Email jahlstrom@bozeman.net Section Break Reference #2 Full Name Zach Magdol Phone 4062192633 Email zach.magdol@ae2s.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Discussion with Nick Banish (GLWQD Manager) Is there any other information that you feel we need to know? Thank you for your consideration. Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 244