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HomeMy WebLinkAbout07-18-23 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: 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 +1 669 900 9128 Access code: 933 7244 1920 B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence D.1 Authorize the Absence of Commissioner Pomeroy(Maas) E.FYI F.Commission Disclosures G.Consent G.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 Authorize the City Manager to Sign a Contract for Aerial Imagery Leaf-on Flight and Land THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, July 18, 2023 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. 1 Cover Data Acquisition(Jorgenson) 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 per topic. 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 Continue the Public Meeting to Consider the South Range Crossing Major Subdivision Preliminary Plat Application to the August 1, 2023 Meeting(Montana) I.2 Ordinance 2132, Provisional Adoption of Alcoholic Beverages and Sales Text Amendment, Application 23064(Saunders) I.3 Resolution 5496, Calling for Election for General Obligation Bonds and Mill Levies for the Bozeman Community Center(Henderson) I.4 Ordinance 2145, Provisional Adoption Amending an Urban Renewal Plan for the Bozeman, Midtown Urban Renewal District(Fine) I.5 Ordinance 2146, Provisional Adoption Amending an Urban Renewal Plan for Portions of Northeast Bozeman(Fine) I.6 Ordinance 2144 Provisional Adoption Repealing 2.05.1810 Bozeman Municipal Code (North Park Urban Renewal Board); Repealing 2.05.1830 Bozeman Municipal Code (Bozeman Midtown Urban Renewal Board); Repealing 2.05.1840 Bozeman Municipal Code (Northeast Urban Renewal Board); Repealing 2.05.1850 Bozeman Municipal Code (South Bozeman Technology District Board); and Repealing Sec. 2.05.1860 Bozeman Municipal Code (Pole Yard Urban Renewal Board)(Fine) J.Work Session J.1 Solid Waste Rate Study and Compost Feasibility Study Work Session Continuation (Handelin) K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. 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 2 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:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Commissioner Pomeroy MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the Absence of Commissioner Pomeroy STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Commissioner Pomeroy notified City Manager Mihelich and Mayor Andrus of her anticipated absence. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: July 6, 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:July 18, 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 claims to be presented to the City Commission within one year of the date the claims accrued. 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. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: July 13, 2023 5 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Contract for Aerial Imagery Leaf-on Flight and Land Cover Data Acquisition MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Contract for Aerial Imagery Leaf-on Flight and Land Cover Data Acquisition STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The City of Bozeman Water Conservation and Urban Forestry Divisions have identified a need for accurate high resolution land cover data to support city goals aimed at water conservation, environmental sustainability, and calculating ecosystem services provided by the city’s public and private tree canopy. These efforts will utilize an acquired Land Cover and Turf data set to calculate turf within the city, establish a base line to track changes in the city landscape over time, and to provide an accurate tree canopy assessment for use in calculating carbon sequestered in the city’s public and private tree canopy. This project will capture leaf-on aerial imagery and Land Cover layers for the entire 78.7 square mile planning boundary (map included in Attachment A of the attached RFP shows the area of interest). The desired flight dates are between August 1st and August 31st, 2023, with project completion within 180 days from photo acquisition. Ayres was selected through a competitive RFP process for professional services. This contract will be the first to support the commitment the city has made via the CIP budget process to provide yearly a Land Cover data. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The total project cost to the city will be $72,850. Adequate funding exists for this project with $65,000 currently allocated within the FY23 Strategic Services budget for the purchase of a Land Cover Dataset (CIP Item GIS10) with the remaining $7,750 to be covered by the Water Conservation Division professional services fund. 6 Attachments: Attachment 1 - PSA_Ayres.pdf Attachment 2_SOW_AyresCOST_Bozeman MT Land Cover Dataset and Turf Layer_0629.pdf Attachment 3_Bozeman Land Cover Dataset RFP_FY24.pdf Exhibit A_Ayres_Bozeman MT Land Cover Dataset and Turf Layer.pdf Report compiled on: June 28, 2023 7 Attachment 1 Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 1 of 7 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Ayres Associates, Inc, hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in Bozeman Land Cover Dataset RFP_FY24, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 3. Price: The City agrees to pay $72,850 (Attachment 2) as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase 8 Attachment 1 Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 2 of 7 Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than _January 31, 2024. Delivery will occur via digital transfer of data or hard drive delivered to 20 E Olive Street, Suite 103A, Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 9 Attachment 1 Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 3 of 7 Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. 6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND 10 Attachment 1 Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 4 of 7 LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Seller shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, 11 Attachment 1 Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 5 of 7 codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 16. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 18. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 19. Counterparts: This Agreement may be executed in counterparts, which together 12 Attachment 1 Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 6 of 7 constitute one instrument. 20. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 13 Attachment 1 Agreement for Purchase of Land Cover Dataset and Turf Layer FY2024 Page 7 of 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN SELLER By___________________________ By____________________________ Jeff Mihelich City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 14 www.AyresAssociates.com Ingenuity, Integrity, and Intelligence. BUDGET Land Cover Dataset and Turf Layer City of Bozeman June 29, 2023 15 1 Ingenuity, Integrity, and Intelligence. AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN We propose to provide the requested services for the estimated fees as follows. LAND COVER DATASET AND TURF LAYER UTILIZING 12-INCH ORTHOIMAGERY GEOSPATIAL SERVICES PROVIDED LUMP SUM FEES Aerial Imagery Acquisition and Processing $25,000 Ground Control Survey $2,850 Land Cover Classification $16,500 Turf Layer Classification $14,000 Accuracy Assessment $14,500 Lump Sum Total Fees:$72,850 The above fees reflect the following adjustments to the scope:• Land Cover Classifications 21 (developed, open space), 22 (developed, low intensity), 23 (developed, medium intensity), and 24 (developed, high intensity) will be classified into one single ‘Developed’ land cover classification. • Land Cover Classifications 81 (pasture/hay), 82 (cultivated crops) will be classified into one single ‘Agriculture’ land cover classification. • For the accuracy assessment, All records will have a greater than 65% accuracy with 80% of records having an accuracy of 80% or higher. BUDGET 16 Page 1 of 16 REQUEST FOR PROPOSALS (RFP) LAND COVER DATASET AND TURF LAYER CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 April 2023 17 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide a land cover data set based on the National Land Cover Dataset classifications and a separate derived GIS Turf layer for the greater Bozeman area. Copies of the Request for Proposals are available on the City’s website at https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver proposals via email to the City Clerk by May 15, 2023 at 3:00 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, 18 https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFP should be directed to: Gail Jorgenson, GIS Program Manager, (406) 582-2972, gjorgenson@bozeman.net. DATED at Bozeman, Montana, this Wednesday, April 12th, 2023. Mike Maas City Clerk City of Bozeman For publication on: Saturday, April 15, 2023 Saturday, April 22, 2023 Saturday, April 29, 2023 19 I. INTRODUCTION The City of Bozeman (Owner), is seeking proposals from firms to provide a Land Cover data set modeled after the National Land Cover data classification scheme and a GIS Turf layer of the greater Bozeman area. The Owner intends to enter into a contract with the selected firm that will include but is not limited to the following deliverables: • Survey Control and Quality Check Shots • Digital Orthoimagery (4-band, 12” pixels, mosaic) • Land cover dataset modeled after the classification scheme of the National Land Cover dataset • Separate derived GIS “Turf” layer • Project Reports and Metadata This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. PROJECT BACKGROUND AND DESCRIPTION The City of Bozeman Water Conservation and Urban Forestry Division’s have identified a need for accurate high resolution land cover data to support city goals aimed at water conservation, environmental sustainability, and calculating ecosystem services provided by the city’s public and private tree canopy. These efforts will utilize an acquired Land Cover and Turf data set to calculate turf within the city; establish a base line to track changes in the city landscape over time, and to provide an accurate tree canopy assessment for use in calculating carbon sequestered in the city’s public and private tree canopy. The City of Bozeman’s Water Conservation Division requires accurate turf land cover data to support its efforts to reduce outdoor water use in new and existing construction.  The Turf Land Cover data layer will provide the staff of the Water Conservation Division with tools to monitor change in landscape plant cover and turf over time.  Specifically, this data will be used to: track the effectiveness of landscape design standards that limit the installation of turf/grass lawn in new development; support data driven decision making for future regulation and policy regarding outdoor water use; and assist division staff in performing targeted outreach to property owners that have the greatest opportunity to reduce outdoor water use through landscape retrofit projects. 20 The City of Bozeman Urban Forestry Division and Sustainability Division requires an accurate tree canopy assessment to support efforts that include identifying various ecosystem services provided by trees (i.e. carbon sequestration, pollutant capture, property value and effects on energy conservation goals). Potential tree planting sites should also be identified to allow the city to investigate tree planting focused on sites where diversity, equity and inclusion challenges are identified. Future studies will use this data as a baseline to track changes in tree canopy coverage throughout Bozeman. The desired flight dates are between August 1st and August 30th 2023. The desired project completion date is 90 days from photo acquisition. Imagery and data deliverables will be integrated into the city Geographic Information System. III. SCOPE OF SERVICES The preliminary scope of work involved for this project is outlined below. Additional tasks and work elements may be added during contract negotiations. It is also possible that tasks or elements could be deleted through negotiation. In its proposal, the Consultant may recommend addition/deletion of tasks or modification of tasks in describing its particular understanding and approach for the project. Proposals must clearly identify any elements of the proposed scope of work that would not be provided by the prime Consultant. Any sub-Consultants which comprise the overall Consultant team must be identified along with a description of past working history between the firms. The City desires to complete the proposed work in a diligent manner. Proposals must clearly indicate the Consultant’s anticipated schedule given their staffing and current and projected workload commitments. The proposal shall include a proposed schedule of events necessary to complete the work. The schedule shall include a process and schedule for the submittal of draft products for City review prior to final submittals. Prior to receiving notice to proceed after negotiations, before any data collection the Consultant must submit a project plan. The project plan will include the following: 1) A map showing the study area boundaries and flight path at a reasonable scale (approx. 1:150,000) 2) Documentation specifying altitude, air speed, scan angle, scan rate, and other flight and equipment information deemed appropriate. 3) A chart of areas of high Position Dilution of Precision (PDOP), or a list showing the time of the beginning and end of high PDOP. 4) The proposed ground control plan containing Airborne GPS support. If necessary, the Consultant shall obtain all rights of entry, be responsible for all GPS control information and show all National Spatial Reference System (NSRS) monuments that will be used for the GPS base stations for airborne GPS control. Failure to comply with any of these provisions may result in the rejection of the proposal. Digital Imagery Specifications: 21 Orthoimagery shall be acquired only on clear days, leaf-on conditions, with no snow and minimal puddling of rainwater or other weather-related effects obscuring the ground surface. At a minimum, National Map Accuracy Standards for the production of the Orthoimagery must be adhered to. The camera and magazines shall meet or exceed the most recent USGS specifications for aerial camera systems. Aerotriangulation/bundle adjustment shall be performed by the current state-of-the-art analysis software to maximize accuracy of the data. o Photographic Conditions • Tree Cover. Photography shall be undertaken while the leaves are on the deciduous trees. • Clouds. Clouds or cloud shadows must not appear on the imagery. High, thin overcast is permitted above the flying altitude if it does not cause ground mottling or a discernable reduction in light levels and/or ground object shadows. • Smoke. Smoke or shadows from smoke must not appear on the imagery. • Well-Defined Images. Collect imagery to obtain well-defined images. Do not attempt imagery acquisition where the ground is obscured by haze, smoke, smog, dust, or falling snow, sleet, rain, or other obscuring phenomena. Do not collect imagery when ground is covered by water (flood), snow, or ice. • Visibility. The minimum visibility at the time of exposure must be 10 miles or greater. • Sun Angle. Much of the project area will be collected when the sun angle is not less than 40°. In areas with tall trees or areas with significant urban development with buildings 3 stories or taller (such as downtown Bozeman), increase the minimum sun-to-horizon angle to acquire the photography during the times of minimal shadow. • Tilt will not exceed four degrees for any photographic frame and will average not more than two degrees for any ten consecutive frames. Relative tilt exceeding six degrees between any two successive frames may be cause for rejecting that portion of the flight lines. • Crab angle as measured from the average line of flight will not exceed five degrees. The course- heading differential between any two successive exposures will not exceed five degrees. • Forward overlap will be at least 55 percent between consecutive exposures. The average sidelap will be at least 20 percent. o Image Quality/Radiometry • There shall be no areas of an orthophoto where the process was incomplete due to image gaps or lack of data. • All digital orthophotos shall be radiometrically adjusted as necessary so that adjacent digital orthophotos can be displayed simultaneously without an obvious visual edge seam between them. Localized adjustment of the brightness values shall be performed to minimize tonal differences between the join areas. For this adjustment, the orthophoto judged by visual inspection to have the better contrast shall be used as the reference orthophoto. Localized brightness values of the adjacent orthophoto shall be adjusted to that of the reference orthophoto. When possible and feasible, the area adjusted should be bounded by a tonal break ground feature such as a road, field line, shadow line, etc. The radiometric adjustment should not compromise the accuracy, clarity, or resolution of the orthophoto. • Prior to undertaking full digital orthophoto production, the Consultant shall furnish the City with sample digital images to evaluate and accept as examples of overall image quality. The City will select one image, which will become the standard to which all subsequent digital orthophotos will be compared for acceptance/rejection relative to image quality. • In the case of an unexpected wildfire that prohibits the contractor from procuring imagery that achieves a quality required by the City, the City may cancel, suspend or delay image acquisition. 22 Control: All horizontal and vertical control necessary to provide the deliverables requested in the proposal; digital orthoimagery, and planimetrics meeting the standards specified herein shall be completed by the Consultant. Ground control must be adequate to support the accuracy specifications identified herein. Some existing vertical and horizontal control may be available for this area. The Consultant shall review all horizontal and vertical control for accuracy and completeness. If the existing control is not deemed sufficient, then the Consultant shall describe any additional control work necessary to provide a DTM meeting the specified standards. The Consultant shall provide in the proposal, a draft control plan. The City will not perform any surveying for this project. Any survey work performed by the Consultant shall be done in conformance with Montana survey laws, regulations and administrative rules. For survey control work performed by the Consultant (or sub-Consultants) the following requirements will pertain: A brief survey control report in PDF and/or other digital format shall be delivered that contains: • One digital copy of the control diagram (the survey network scheme). • One copy of all field notes, horizontal and vertical computations, and control network adjustments, with the connections to the National Spatial Reference System shall be clearly shown. • A digital copy of the new control points established to control the photogrammetry with all observations and ties, a point description, digital photograph of the monument and the control point location context, and coordinate values in geographic coordinates and in both UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters, NAVD88 meters. • Survey party personnel, equipment, software, and procedures used. Deliverables: The respondent shall submit a delivery schedule. The Consultant shall deliver to the City for acceptance the following items: 1) Flight Plan and Logs: The flight plan shall be distributed to and approved by the City prior to acquisition. 1. Project flight lines on a map displaying the project area and distributed as a feature class or Shapefile suitable for inclusion in ESRI ArcGIS software. Flight lines shall include flight line numbers within the feature attribution, and metadata shall describe the software used to generate the flight plan. 2. Approximate number of exposures for the intended coverage area. 3. Image centers of each exposure with date and time of acquired photo included. The data shall be distributed as a feature class or Shapefile suitable for inclusion in ESRI ArcGIS software. 4. Upon completion of acquisition the Contractor shall provide a collection report summarizing the flight and logs. 23 2) Calibration Reports: Camera and digital sensor calibration reports along with a product characterization report validating USGS Digital Aerial Type standards shall be provided. 3) Survey Control Report: The following information shall be provided in a final survey report. 1. Positional AGPS data and a statistical summary of the AGPS adjustment results. 2. IMS sensor orientation and a statistical summary describing the overall accuracy of adjusted IMU data. 3. Differentially corrected GPS ground control data used to supplement the AGPS data and a narrative describing all aspects of the ground survey including locations and extent of the network. 4. The results and analysis of the constrained least squares adjustment, tables summarizing GPS misclosures, and a description of equipment and software used. 4) Aerial Triangulation Report: An aerial triangulation report shall be provided upon completion of all adjustments. This report shall include, 1. An executive summary of the Aerotriangulation solution and its results. 2. A detailed narrative of the adjustment process and quality checks for accuracy. 3. A description of the software and equipment used to perform the adjustments. 4. A listing of the final adjusted coordinates in a spreadsheet or format agreed upon during contract negotiations. 5) Digital Orthoimagery Images: 1. 1”=50’ map scale (i.e., 1”=300’ photo scale), 12” pixel, 4-band (RGB and NIR), true color, orthorectified digital imagery. 2. Seamless mosaic at 1-foot (Optional: 0.5-foot) pixel resolution. 3. Edge-matched, non-overlapping tiles based on the tile scheme provided by the City and shall register to the existing City orthophotography database. 4. Images with edge artifacts, mismatch, or voids will be rejected. 5. Breaklines used to correct bridge and overpass distortion shall be provided in a feature class or Shapefile suitable for inclusion in ESRI ArcGIS software. 6) Land Cover Dataset: A Land Cover dataset derived from the imagery flown as part of this Scope of Work delivered in both vector and raster formats suitable for inclusion in ESRI ArcGIS software. a. Land Cover will be derived using National Land Cover Data Standards and Classifications as found on the Multi-Resolution Land Characteristics Consortium website (Attachment 2). b. Vector layers will include a field to identify accuracy of the record. c. Vector layers will be clipped using the current City parcel layer provided at the time of processing and a field calculate completed for area (in feet). d. Land Cover data will be provided in both raster and vector formats. Both formats will be in UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters, NAVD88 meters. 7) Turf Layer: A separate classification “TURF” dataset derived from the imagery flown as part of this Scope of Work to be delivered in raster and vector formats suitable for inclusion in ESRI ArcGIS Software. a. Turf Grass (TURF) = Low vegetation associated with residential, commercial, industrial, and recreational areas that is assumed to be altered through compaction, removal of organic material, and/or fertilization. These include low vegetation lands within small, developed parcels (≤ 5 acres with ≥ 55 m2 of impervious cover), recreational fields, and other turf- dominated land uses (e.g., cemeteries, shopping centers, golf courses, airports, hospitals, amusement parks, etc.). b. Vector layer will include a field to identify accuracy of the record. 24 c. All records will have a greater than 65% accuracy with 80% of records having an accuracy of 85% or higher. d. Vector layers will be clipped using the current City parcel layer provided at the time of processing and a field calculate completed for area (in square feet). 8) Progress Reports: Progress reports shall be provided by e-mail on a weekly basis for aerial photography acquisition until delivery of the pilot project, and bi-weekly thereafter until the project is complete. These informal reports shall consist of a summary of production status, major activities completed during the most recent reporting period, description of issues and corrections, and associated status maps or acquired flight lines. 9) Metadata: Complete FGDC-compliant metadata shall be provided for all data in an XML format. The metadata shall provide a complete description of identification, data quality, spatial data organization, spatial reference, and entity and attribute information. The metadata for orthorectified imagery shall also include acquisition dates. 10) Project Report: A final project report summarizing the flight acquisition, orthorectification process and data collection, quality control and assurance, and deliverables provided shall be provided upon completion of the project. This report shall include a detailed narrative of the analysis, accuracy assessment, and validation of all deliverables. All final data shall become sole property of the City with no restrictions on use or dissemination. Final deliverables will be stored in the City’s ArcGIS SQL database and will be made available to internal and external customers through various client applications and downloadable data files. All data shall be delivered in both UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters, NAVD88 meters. For more information on the National Adjustment of 2011, please visit the following website: http://www.ngs.noaa.gov/web/surveys/NA2011/. Respondents shall indicate in their proposal a description of the internal quality control processes they will utilize throughout the various phases of the project to assure that the contract deliverables will be acceptable. The Consultant may provide forms, flow charts, or other materials to document the quality control process. The City retains the sole right to determine contract adherence to quality control requirements. Judgment that the Consultant is in breach of the quality control requirements may require suspension of any phase of the contract until such time as the City can determine that such problem(s) have been remedied. IV. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identify the item to which the responses applies. a) Executive Summary And executive summary that provides a high level review of the proposed proposal b) Firm/Inidvidual Profile Consultant’s legal name, address, telephone number, website (if any), and email address 25 c) Description of Proposed Solution A narrative describing the Consultant’s proposed approach to provide digital orthoimagery for the greater Bozeman area. d) Scope of Project A summary of the proposed products or documents that will be provided at the completion of this project e) Related Experience with Projects Similar to the Scope of Services Descriptions of similar projects completed. f) Statement of Qualifications Include the Consultant’s professional credentials, experience, and qualifications in providing the Scope of Services stated in this Request for Proposal. g) References List of no more than three municipal organizations you have worked for and whom we may contact for recommendations. h) Present and Projected Workloads A description of the firm’s current work activities and how these would be coordinated with the project, as well as specific current workloads of the project team members. i) Key Personnel Identify each principal of the firm and other key personnel who will be professionally associated with this contract. Describe their respective areas of expertise and contract role. Include personalized resumes, which identify the qualifications, training, and experience of each key personnel. j) Additional Information Submit any other additional information, which would assist the City of Bozeman in the evaluation of the proposal. The City of Bozeman reserves the right to make any investigation and solicit additional information or submittals as it deems necessary to determine the ability of any Consultant to perform the Scope of Services stated within this Request for Proposals. k) Affirmation of Nondiscrimination & Equal Pay (see Attachment B) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. 26 V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP April 15, 2023 April 22, 2023 April 29, 2023 Deadline for receipt of proposals May 15, 2023 Evaluation of proposals May 23-24, 2023 Notice of Interviews June 1, 2023 Interviews (if necessary) June 8, 2023 Selection of consultants June 15, 2023 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by May 15 at 3:00 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. VI. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is [3:00 p.m.] MST on [May 2, 2022]. VII. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net. Questions relating to scope of services should be directed to: Gail Jorgenson, GIS Program Manager, (406) 582-2972, gjorgenson@bozeman.net. 27 VIII. SELECTION PROCEDURE A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” IX. SELECTION CRITERIA Proposals will be evaluated on the following criteria and the requirements of MCA 18-8-204 et seq. • The Consultant’s specific project approach and understanding; • Qualifications of professional personnel to be assigned to the project; • Capability to meet project time and budget requirements; • Location of the Consultant in relation to project; • Present and projected workloads; • Related experience on similar projects; • Recent and current work for the City. X. FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Attachment C. XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises 28 this RFP, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all proposals; to add or delete items and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the RFP; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest. C. The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman. D. The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate a final scope of service and cost, negotiate a contract with another Contractor if an agreement cannot be reached with the first selected Contractor, or reject all proposals. E. The professional services contract between the City of Bozeman and the successful Contractor will incorporate the Contractor's scope of service and work schedule as part of the agreement (see Attachment C for form of professional services agreement. The professional services agreement presented to the Contractor may differ from this form as appropriate for the scope of services). F. This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all Contractors who submitted proposals will be notified using email. H. Projects under any contract are subject to the availability of funds. XII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, 29 creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. XIII. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. 30 E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XIV. ATTACHMENTS The following exhibits are incorporated in this RFP: Attachment 1: Non-Discrimination Affirmation Attachment 2: National Land Cover Data Standards and Classifications Attachment 3: 2023 (FY24) Bozeman Landcover Acquisition Flight Boundary Attachment 4: Professional Services Agreement END OF RFP 31 Attachment 1 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 32 National Land Cover Database Class Legend and Description Class\ Value Classification Description Water 11 Open Water- areas of open water, generally with less than 25% cover of vegetation or soil. 12 Perennial Ice/Snow- areas characterized by a perennial cover of ice and/or snow, generally greater than 25% of total cover. Developed 21 Developed, Open Space- areas with a mixture of some constructed materials, but mostly vegetation in the form of lawn grasses. Impervious surfaces account for less than 20% of total cover. These areas most commonly include large-lot single-family housing units, parks, golf courses, and vegetation planted in developed settings for recreation, erosion control, or aesthetic purposes. 22 Developed, Low Intensity- areas with a mixture of constructed materials and vegetation. Impervious surfaces account for 20% to 49% percent of total cover. These areas most commonly include single-family housing units. 23 Developed, Medium Intensity -areas with a mixture of constructed materials and vegetation. Impervious surfaces account for 50% to 79% of the total cover. These areas most commonly include single-family housing units. 24 Developed High Intensity-highly developed areas where people reside or work in high numbers. Examples include apartment complexes, row houses and commercial/industrial. Impervious surfaces account for 80% to 100% of the total cover. Barren 31 Barren Land (Rock/Sand/Clay) - areas of bedrock, desert pavement, scarps, talus, slides, volcanic material, glacial debris, sand dunes, strip mines, gravel pits and other accumulations of earthen material. Generally, vegetation accounts for less than 15% of total cover. Forest 41 Deciduous Forest- areas dominated by trees generally greater than 5 meters tall, and greater than 20% of total vegetation cover. More than 75% of the tree species shed foliage simultaneously in response to seasonal change. 42 Evergreen Forest- areas dominated by trees generally greater than 5 meters tall, and greater than 20% of total vegetation cover. More than 75% of the tree species maintain their leaves all year. Canopy is never without green foliage. Attachment 2 33 43 Mixed Forest- areas dominated by trees generally greater than 5 meters tall, and greater than 20% of total vegetation cover. Neither deciduous nor evergreen species are greater than 75% of total tree cover. Shrubland 51 Dwarf Scrub- Alaska only areas dominated by shrubs less than 20 centimeters tall with shrub canopy typically greater than 20% of total vegetation. This type is often co-associated with grasses, sedges, herbs, and non-vascular vegetation. 52 Shrub/Scrub- areas dominated by shrubs; less than 5 meters tall with shrub canopy typically greater than 20% of total vegetation. This class includes true shrubs, young trees in an early successional stage or trees stunted from environmental conditions. Herbaceous 71 Grassland/Herbaceous- areas dominated by gramanoid or herbaceous vegetation, generally greater than 80% of total vegetation. These areas are not subject to intensive management such as tilling, but can be utilized for grazing. 72 Sedge/Herbaceous- Alaska only areas dominated by sedges and forbs, generally greater than 80% of total vegetation. This type can occur with significant other grasses or other grass like plants, and includes sedge tundra, and sedge tussock tundra. 73 Lichens- Alaska only areas dominated by fruticose or foliose lichens generally greater than 80% of total vegetation. 74 Moss- Alaska only areas dominated by mosses, generally greater than 80% of total vegetation. Planted/Cultivated 81 Pasture/Hay-areas of grasses, legumes, or grass-legume mixtures planted for livestock grazing or the production of seed or hay crops, typically on a perennial cycle. Pasture/hay vegetation accounts for greater than 20% of total vegetation. 82 Cultivated Crops -areas used for the production of annual crops, such as corn, soybeans, vegetables, tobacco, and cotton, and also perennial woody crops such as orchards and vineyards. Crop vegetation accounts for greater than 20% of total vegetation. This class also includes all land being actively tilled. Wetlands 90 Woody Wetlands- areas where forest or shrubland vegetation accounts for greater than 20% of vegetative cover and the soil or substrate is periodically saturated with or covered with water. 34 95 Emergent Herbaceous Wetlands- Areas where perennial herbaceous vegetation accounts for greater than 80% of vegetative cover and the soil or substrate is periodically saturated with or covered with water. 35 1 0 10.5 Mile ¯2023 Bozeman Landcover Acquisition Flight Boundary Attachment 3 Esri, NASA, NGA, USGS, Bozeman GIS, Montana State Library, Esri, 36 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 3. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 37 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 38 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 39 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 40 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 41 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 6 of 11 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Gail Jorgenson, GIS Program Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 42 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 43 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 8 of 11 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in 44 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 9 of 11 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the 45 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 10 of 11 balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, and MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 46 Attachment 4 Professional Services Agreement for Landcover and Turf Data Acquisition FY 2024 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 47 www.AyresAssociates.com Ingenuity, Integrity, and Intelligence. City of Bozeman May 15, 2023 Land Cover Dataset and Turf Layer 48 608.443.1200 | 5201 E. Terrace Drive, Suite 200 | Madison, WI 53718 www.AyresAssociates.com May 15, 2023 Mike Maas, City Clerk Gail Jorgenson, GIS Program Manager City of Bozeman 121 N. Rouse Ave., Suite 202 Bozeman, MT 59715 Re: Land Cover Dataset and Turf Layer Dear Mr. Maas, Mrs. Jorgenson, and Selection Committee members: Ayres is pleased to provide this proposal for aerial digital orthoimagery, land cover, and turf classification services. Ayres has a long history of services to counties and municipalities throughout the country and looks forward to bringing our expertise and experience to the City of Bozeman. Ayres has a proven track record of providing high-quality aerial imagery and mapping in the Western U.S., and we hope this proposal exemplifies our unrivaled approach to your important project. We bring an experienced team of professional land surveyors, geographers, remote sensing experts, project managers, and engineers who are accustomed to completing complex, large-scale aerial mapping projects around the country. Our proven track record of successful aerial mapping projects, completed on time and on budget, has been a platform for our success in this industry over the past 45 years. Our approach to developing high-accuracy imagery and mapping products is cost- effective and supports expedited production schedules. For your project we plan to have Aerial Surveys International, LLC (ASI) as our flight partner and KLJ Engineering and Planning as our survey partner. For the land cover dataset and the turf layer classification, we have partnered with Spatial Informatics Group (SIG), who has an extensive portfolio of land cover classification projects all over the world. We understand that the City of Bozeman is interested in acquiring updated, leaf-on aerial imagery and a high resolution land cover and turf classification for the 78.7 square mile City planning boundary. We understand the importance of meeting the needs of multiple departments when designing cost-effective solutions, and we’ll certainly do the same for the City. It’s important to note that all the work we do for this project will occur within the United States. Our team of talented survey staff, orthoimagery technicians, remote sensing specialists and mapping specialists have completed thousands of square miles of orthoimagery processing and remote sensing mapping in the past couple of years. We believe our dynamic, client-focused approach will result in a successful land cover and turf layer classification project for the City of Bozeman. We are dedicated to providing the City of Bozeman with high-quality service and custom solutions in imagery, classification and mapping. Our team can provide the full complement of expertise needed for your project and will take the time to consult with you to ensure the best approach is taken, not only for this project but with your overall goals in mind. When we are done, we will meet with your staff to walk through the data to answer your questions and ensure you hit the ground running. Completing projects means more than just delivering final products. We are committed to understanding your spatial data needs and hope to further discuss how we can meet your goals. In the meantime, please contact me if you have questions or would like additional information. Sincerely, Ayres Associates Inc Tyler Kaebisch Project Manager – Geospatial Services Direct: 414.467.8891 I KaebischT@AyresAssociates.com 49 2AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Since beginning to provide aerial imagery services in 1978, Ayres’ Geospatial Division has completed thousands of projects, from film-based imagery to rectification of historical imagery to today’s digital imagery (including data outside the visible spectrum) with advanced sensors and processing techniques. Regardless of the medium or content, Ayres’ project planning and performance are built on two elements: selecting the best approach for the client’s needs and problems, and expert understanding and application of the principles of orthophotography and photogrammetry. Ayres’ proposed approach relies on both. For example, meeting your needs includes working within the City’s budget and schedule requirements; Ayres is comfortable that we will be able to perform the necessary work for the budgeted amount and within the City’s time frame. Furthermore, Ayres will provide effective communication throughout the life-cycle of the project and will be available to answer any questions or concerns along the way. Project Team The Ayres team is led by Ayres Associates Inc, a national engineering and geospatial firm with a large presence in the Rocky Mountain region. Ayres will serve as the prime consultant, responsible for project management; direct communication with City personnel; quality process definition, tracking, and enforcement; project planning and scheduling; all imagery processing; and delivery of all products. Ayres’ project manager will be Tyler Kaebisch, a geospatial data expert with deep experience in the western U.S. in both private and public sector work. Tyler also has extensive previous experience as a remote sensing specialist for the USDA Forest Service, the US Bureau of Reclamation, and Minnesota DNR. KLJ, a national engineering firm with four locations in Montana, including Bozeman, will serve as our subconsultant responsible for survey control and aerial control targeting. They have provided similar services on other Ayres projects in the past, including projects in Montana. Aerial Surveys International (ASI), a Colorado-based firm, will perform aerial data acquisition. ASI has successfully completed dozens of acquisition missions for Ayres throughout the Rocky Mountain region. Their knowledge of aerial mapping processing, ability to offer a variety of planes and imagery sensors, and familiarity with working in the western U.S. makes them an ideal partner for the Bozeman project. Spatial Informatics Group (SIG) will be performing the land cover dataset and turf layer classification. Founded in California in 1998, SIG is an environmental services and software development company, with expertise in GIS and international land cover mapping. SIG’s mission is to conduct research, develop unique datasets, produce innovative modeling solutions, and encourage open science that democratizes decision making locally, regionally, nationally, and globally. Project Overview Ayres proposes to provide 12-inch, or optionally 6-inch pixel resolution, 4-band digital orthoimagery for the 78.7 square mile project area defined by the City. The imagery will be collected during the month of August under leaf- on conditions when the sun angle is at least 45 degrees above the horizon. Using a minimum sun angle of 45 degrees rather than the RFP’s requirement of 40 degrees will both improve image quality by reducing shadows and will save time and money by eliminating the need to organize flights to have a larger minimum sun angle in those areas of the city where tall trees or buildings occur. The imagery will meet National Map Accuracy standards for 1” = 100’ mapping throughout the project. To meet these accuracy standards, all survey control will be established by KLJ, using existing control locations to the maximum extent possible. KLJ will ensure that all existing control is still acceptable for use, and will create new control points if it is not. KLJ will also establish additional control points as directed by Ayres to meet the promised accuracy across the entire project area. In addition, KLJ will establish quality check points to be used to verify the accuracy of the imagery. These A) EXECUTIVE SUMMARY 50 3AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. check points will be independent and will not be used to perform aerotriangulation (AT) computations. ASI will use a Vexcel UltraCam Eagle Mk I digital imagery sensor. This is a widely used sensor that is capable of image resolution well beyond that required by the City. Ayres will be responsible for ensuring the quality of the imagery acquired and will require reflights for any areas that do not meet required image quality. The raw imagery will be orthorectified based on the control points. After the compliance of the AT solution has been verified, Ayres’ imagery analysts will review, and correct as needed, each image for tone balance between adjacent images and across the project. They will also perform manual correction of radial displacement of bridges and overpasses. Tiles using the City’s tiling scheme will be created from the completed images. The images will be combined into a seamless orthomosaic covering the entire project area. The mosaic will be created at either the original 12-inch or optionally 6-inch pixel resolution for maximum quality and accuracy. In addition to the leaf-on newly collected imagery, SIG will gather ancillary GIS data and available imagery datasets to configure and execute the classifications. Land cover and turf layer classifications will be clipped to the City’s parcel layer. Aerial imagery acquisition is estimated to commence in August 2023. A pilot area will be delivered within 45 days of completion of the aerial data acquisition. Orthoimagery datasets are expected to be ready for image segmentation and classification by late October. Image segmentation and classification will occur in November and December. Orthoimagery deliverables will be ready by the end of December. Final QC, an accuracy assessment and all final deliverables will be completed by end of January 2024. The full list of proposed deliverables is shown in section D of this proposal, “Scope of Project.” “Services from Ayres have been excellent. Every time I’ve had a problem, they’ve offered solutions for us to look at. A lot of the issues have been more with our own software, but they’ve given us ideas to look at and avenues to go down.” Scott Hand Supervisor of GIS Services, Wisconsin Public Service 51 4AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Ayres is a nationwide professional consulting firm providing services in photogrammetry, orthoimagery, lidar, and digital mapping; GIS; survey; civil, structural, transportation, river, levee, and water resources engineering; environmental science; planning; mechanical/electrical/plumbing engineering; and architecture. Incorporated in Eau Claire, Wisconsin, Ayres now employs over 350 people who provide services from a network of offices around the country. Geospatial Services Ayres’ geospatial services division is based in Madison, Wisconsin. The geospatial division originated as Alster & Associates Photogrammetric Engineering (founded in 1951) and merged with Ayres in 1978. The geospatial division consists of certified photogrammetrists, highly trained technicians, and project managers, all of whom have formal education in the discipline of geography. Nationally recognized for our skill and experience in aerial mapping, land surveying, and GIS, we deliver efficient and intelligent solutions. Our geospatial division provides a diverse range of mapping services to clients in the Midwest and around the country: Aerial lidar (fixed wing, UAS, and helicopter) Ground base lidar (Mobile and HD Scanning) Aerial imagery acquisition Digital orthoimagery Planimetric and topographic mapping GIS consulting, training, and development GPS and conventional survey Remote sensing Oblique aerial imagery Digital terrain modeling (DTM) Vendor Contact Information Company’s Full Legal Name Ayres Associates Inc Location of Principal Office Responsible for Contract Implementation 5201 E. Terrace Drive, Suite 200 Madison, WI 53718 Website AyresAssociates.com Contact Person’s Information Tyler Kaebisch, GISP T: 414.467.8891 KaebischT@AyresAssociates.com Year Established 1959 Type of Ownership Employee-owned corporation B) FIRM PROFILE 52 5AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Production Based in the United States All of your work will be performed in the United States. Ayres possesses more than enough resources to accomplish this project with skilled professionals based in the United States. There remain only a few geospatial firms that have their entire production staff within the country; Ayres is proud to be among them. Each member of our team is dedicated to quality products and services and has a personal stake in the satisfaction of our clients. Experienced Staff Ayres’ geospatial division includes certified photogrammetrists (CP) and certified mapping specialists (CMS). In addition, all of our mapping technicians have bachelor’s degrees in the discipline of geography and also have training in the latest photogrammetric equipment and software. Qualifications like these result in accurate, quality mapping products that follow project specifications closely. Commitment to Quality We respect our clients and understand that success is earned through cooperation and understanding the needs of our valued clients. Our technical and management staff make every effort to listen to clients and prepare mapping that meets client expectations. These efforts start at the receipt of the RFP and continue on to final delivery – and beyond. Project Manager Our approach to managing your project begins with a dedication to understanding your needs and designing solutions that address them. Too often firms propose technical approaches that fit the contractor better than they fit the client. We will commit ample management resources to the project, led by Project Manager Tyler Kaebisch. Tyler is experienced in project management and has a strong history of involvement in the West with over 14 years of experience in GIS, remote sensing, and other geospatial disciplines. As project manager, Tyler will update City of Bozeman personnel during the course of the project to discuss pertinent project issues as needed. Additionally, he will participate in weekly internal meetings with supervisors to assess the status of the project and address key technical issues, thereby maintaining high standards for product specifications and keeping the project on track to meet the timeframe agreed upon. “All staff that GMRC had contact with were most accommodating. Anything we needed or asked for were supplied without question.” Faith Jones Director of Information Services, Georgia Mountains Regional Commission 53 6AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. The City of Bozeman, Montana, requires the development of new leaf-on orthoimagery to derive a high resolution land cover dataset and turf layer. These critical datasets will be used for land management, planning, zoning, and engineering. The aerial imagery will meet either 12-inch or optionally 6-inch resolution, and will support the development of the land cover dataset and turf layer. Datasets will include: land cover, turf layer, updated ground control survey, orthoimagery, and reports and metadata. Our unique approach uses an industry-leading medium format digital photogrammetric camera (the UltraCam Eagle). Our approach will focus the collection efforts when the sun angle is not less than 45 degrees, throughout the project area, which will ensure minimal shadows in areas with tall trees or buildings greater than three stories tall. We are confident we have a dynamic, well-planned approach to work with the City to complete your project successfully. We have carefully estimated the capacity and resources needed – with a focus on maintaining the necessary resources to complete the project on schedule. Please note that all work for the City will be performed within the United States by the Ayres team. Initial Coordination Meeting. Before project initiation, we propose that Tyler and key staff from the City participate in a coordination meeting. During this meeting, we will review and refine the project schedule and scope, discuss the acquisition conditions and schedule, and establish a pilot project area. Quality Assurance and Quality Control Procedures. Ayres’ quality program defines quality as meeting client expectations. Therefore, quality performance requires consensus between the City and project team members regarding the requirements of the project and design of project strategies based on those requirements. Ayres’ quality program is dynamic and promotes continual improvement based on feedback from our clients, from our own project operations, and from opportunities created by changing technologies. Ayres and Tyler Kaebisch are ultimately responsible for the successful completion of quality products and services for each project. Tyler establishes the philosophy, organization, and policy that set Ayres’ quality assurance/quality control (QA/QC) program in place. Project managers or their designated project QA officers implement the QA/QC program on individual projects. We understand that only through consistent implementation of quality procedures can we complete projects to our clients’ satisfaction. Ayres and our partner ASI have formal, co-developed QA/QC checks in place and standard operating procedures designed so that all required information is collected accurately and that products meet or exceed project standards and specifications. Task-Specific QA/QC Procedures. QA/QC procedures and the supervisors responsible for their implementation are included in the production phases outlined in this technical approach. Ayres will work with the City to develop additional QA/QC procedures tailored to the participants’ needs during this phase. Quality Monitoring. A QA/QC team will be assigned for each aspect of the project and will consist of photogrammetric, mapping, survey, and GIS specialists. The QA/QC reviews will include reviews of results and weekly progress meetings with each project group. C) PROPOSED SOLUTION 54 7AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Issues brought to the attention of the project manager will be addressed immediately. The project manager will coordinate the subcontractor’s efforts to ensure consistent results and ensure that all procedures implemented will be incorporated into QA/QC documentation. Ground Control Survey ABGPS. Our primary method of control for the project will be by ABGPS. All airborne cameras and sensors used for this project will use highly accurate geodetic-grade ABGPS systems. Location accuracy of the ABGPS capture points will range between .02 and .05 meter. To reduce control costs for the project, Ayres will use a combination of ground control points and ABGPS control. Ayres understands that we’ll be responsible for establishing ground control points for this project. Our survey partner, KLJ, is well known in the Montana survey community and has extensive experience with control network and specifically around Bozeman. With its professional land surveyor crew based in Bozeman, the firm has local knowledge to give the ground survey the attention it deserves. Upon receiving the previously established control, KLJ will locate and determine if they are acceptable for use in the aerial flights. Each mark will be observed a minimum of two times, adjusting the height of the instrument to eliminate errors in measurements to the GPS unit. The static baselines will be imported in Trimble Business Center for a least square adjustment constrained to the HARN point coordinates. The coordinate values of the control will be in UTM Zone 12 and Montana State Plane Coordinates both in meters. The resultant vectors establish the final coordinates of the ground control points. Photo-identifiable Targets. In addition to any established control points, Ayres will use photo-identifiable ground control targets; this does not require establishing and removing panels. Photo-identifiable targets will consist of easily distinguished ground features such as ends of paint lines, sidewalk corners, and corners where driveways meet road edge. The planned survey control layout is seen in the following image. Aerial Imagery Acquisition Ayres and our flight partner in this project, ASI, propose using the UltraCam Eagle digital mapping camera. This system is versatile in its design, allowing for maximum efficiency for medium- and small-scale mapping projects. Details concerning the imagery acquisition technology for 12-inch or optionally 6-inch mapping projects are provided below. Digital Aerial Imagery. The UltraCam sensor supports aerial photogrammetric missions for the broadest range of GIS and remote sensing applications. The complete data acquisition system delivers small scale or large- scale images with high-quality resolution at engineering- scale accuracy, capable of supplying images with ground resolutions of less than 2.5cm. Designed with break- through technologies, the modular system consists of state-of-the-art components, centered on frame sensor technology, to advance all aspects of the digital workflow. The following are features and benefits associated with ASI’s UltraCam Eagle and peripheral equipment:• Simultaneous collection of panchromatic, true color (RGB), and near infrared bands (RGBIR).• Ground resolution of 13,080 pixels along track and 20,010 pixels across track• 12-bit radiometric resolution• FMC forward motion compensation • Gyro-stabilized mount• Applanix 510 POS/AV system with Litton 200 Inertial Measurement Unit (IMU)• Computer controlled navigation system 55 8AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Our acquisition partner, ASI, will provide the flight services associated with this effort. We have worked extensively with the staff at ASI over the years on projects both large and small, which will provided a seamless workflow for the City of Bozeman’s project. Flight Planning Quality Assurance. Ayres will take special care in designing an optimal flight plan that will achieve maximum coverage and efficiency for the 12-inch or optionally 6-inch orthoimagery. Upon notice to proceed, Ayres will present the flight plan to the City of Bozeman prior to any flights. For reference, the 12-inch imagery flight plan is shown in the following image. Conditions During Acquisition. The imagery will be collected during leaf-on, snow-free conditions. Photography will not be taken when the ground is obscured by snow, haze, fog, dust, or cloud shadows in any one photo. Acquisition Date. Imagery will be flown when deciduous foliage is under leaf-on conditions. The target flight window will be between August 1 and August 31, 2023, or as weather permits. Sun Angle. The sun angle for all flights will be at least 45 degrees above horizon. Stereoscopic Coverage. The entire area of the project will be stereoscopically covered by successive and adjacent overlaps of photographs within the usable portion of the field of the lens. Four Band Imagery. The UltraCam Eagle collects imagery in the standard three RGB color bands, as well as a fourth band for near infrared. Ayres will provide the City with all four-color bands at no additional cost. The four band imagery will provide additional spectral information, which will be utilized in the segmentation and classification of the land cover dataset and turf layer. Crab. Average crab for any flight line will not exceed 3 degrees. Crab will not exceed 3 degrees between any two consecutive flights. Tilt. Imagery collected with the optical axis of the aerial sensor in a vertical position is desired. Tilt is angular departure of the aerial sensor axis from a vertical line at the instant of exposure. Tilt will not average more than 1 degree for the entire project. End Lap/Side Lap. The end lap will average not less than 55% or more than 65%. End lap of less than 55% or more than 65% in one or more images will be cause for rejection. The side lap will average 30%. Any image having side lap less than 25% or more than 35% will be rejected. Reflights. Lack of acceptable imagery will be corrected by reflights, with no additional cost to the City. All reflights will be centered on the plotted flight lines and will be taken with the same camera system. Image Review. Immediately upon completion of the acquisition, the imagery will be forwarded for inspection to our digital orthoimagery supervisor, Aaron Sale. Once we confirm successful acquisition and image quality, the City will be notified. If any imagery does not meet the acceptance criteria, a reflight will be scheduled and the City notified. Digital Orthophotography Production As imagery collection missions are completed, orthoimagery production will begin. Ayres has significant digital orthoimagery production capability and capacity. We invest heavily in our staff and hardware. Our production methodology is specifically designed to consistently produce high-quality products. Specialists at Ayres will be responsible for all orthoimagery 56 9AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. production components of the project. Advancements in production software and our investments in infrastructure favor an increasingly aggressive schedule for the upcoming project; we are committed to meeting the City’s schedule expectations for this project. Ayres has trained and experienced staff running fully equipped Z/I Imaging digital workstations, NT orthoimagery workstations, and dedicated image editing stations. We’ve designed our complementary production methodologies to facilitate a completely digital workflow using all Z/I hardware and software environments, resulting in a consistent approach to orthoimagery production and a high-quality product. Analytical Aerotriangulation (AT). To maintain an aggressive schedule, it will be critical to prepare for AT immediately upon the successful completion of each imagery mission. This is the first step in the orthoimagery production process and must be completed efficiently for the rest of the ortho process to proceed on schedule. Planning for sufficient capacity in this area is critical to the project. Several important factors will contribute to the efficient AT processing under our approach. The first is the use of ABGPS and IMU data, which provide image orientation information to streamline AT production. The orientation data significantly reduces processing time and allows us to process large blocks of image data at a rapid rate. AT Solution. Although orientation data will be supplied from the IMU, we will still complete an AT solution to verify the ABGPS and IMU data. We will prepare the AT solution on a Z/I Imaging digital photogrammetric workstation using Z/I Imaging ISAT software. ISAT offers a complete softcopy aerotriangulation software suite that includes interior orientation, point mensuration, relative orientation, and a fully analytical simultaneous least squares adjustment with robust error detection. ISAT incorporates the capability to weigh control points on an individual basis and to correct for image deformation, atmospheric refraction, earth curvature, and lens distortion. Aerotriangulation QA/QC. When a block of aerotriangulation has been completed, all reports and supporting documentation will be examined for compliance with project specifications. This testing will include, at a minimum, the following:• Inspect ABGPS positions against AT-derived exposure coordinates• Compare AT-derived coordinates of independent QA points against ground survey• Inspect measurements, residuals, weights, RMSE in AT listings• Verify all AT support and measurement files are in archive• Verify metadata is complete and in proper format Rectification Type. We will use a cubic convolution resampling method for all orthoimagery rectification. This method preserves fine detail better than the common bilinear algorithm. Our imagery specialist will take extra caution around overpasses and bridges to ensure the correct horizontal location of these features holds true. Tone Balancing. Digital orthoimagery is subject to tonal imbalances due to several factors, including source photography (sun angle, illumination, atmospheric conditions, and date and time of exposure), image characteristics, and image processing. Our ortho specialists will not only tonal balance the individual images, but also will use tonal balancing techniques to the project. This process will eliminate the flight line effect and individual photo effect. Radial Displacement. Our ortho production staff will also manually correct radial displacement and distortion of bridges and overpasses through a series of pre-rectification measures and post-processing edits. A thorough examination of these features will be conducted during the interim and final QA/QC checks. 57 10AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Mosaicking. To achieve consistent tone across the project area and to address the overlap between tiles, we will seamlessly mosaic the images. We will select imagery in a way to use the most advantageous area of each photo to maximize color, tone, and contrast, and at the same time reduce building lean and “ghosting,” as well as glare in water bodies. Image mosaicking will be accomplished by a combination of automated tools and manual methods. All seam lines will be placed manually to eliminate the issues of noticeable seam lines through buildings, bridges, and other features. Following the completion of imagery production, a shapefile of seam line locations will be provided to the City. We will use manual editing procedures to provide QA/QC for every tile for visible seam lines in water bodies, warped bridges, and any anomalies that may affect the accuracy or aesthetics of the imagery. We will use photogrammetric software products such as Z/I Imaging’s Digital Ortho- Production Suite: ImageStation OrthoPro, PixelQue, IRAS/c, and Digital Image Analyst. Orthoimagery Tiling Scheme. Ayres will use the City- provided tiling scheme to deliver edge-matched, non- overlapping tiles. Should the City want to use a different scheme for their 2023 project Ayres will work with the City to accommodate that request. Digital Orthoimagery Pilot Projects. Early in the imagery production phase, a pilot area consisting of geo-reference TIF images can be provided to the City for review and feedback. We propose further discussion concerning the best area for review during the project kick-off meeting. Coordinate System/Datum. All mapping products associated with this project will be prepared and delivered in both Montana State Plane NAD83 (2011) meters, NAVD88 meters and UTM Zone 12 NAD83 (2011) meters, or another agreed upon coordinate system. Orthophotography Quality Control Project manager Tyler Kaebisch will be responsible for coordinating the final QA/QC of the orthoimagery. Our highly trained technicians will visually scour the imagery looking for anomalies or potential errors. If further editing is needed, a detailed edit call report will be returned to Ayres to perform corrections as needed. If the data meets specifications, the orthoimagery will be prepared for the final battery of checks. While undergoing the QA/QC, Tyler will work with the City to develop a check-in process for the imagery and a method by which edit calls can be recorded. If the City determines that the data needs further editing, Tyler will determine what action needs to be taken in the orthoimagery process. The Ayres team will conduct the following QC procedures: 1. Create an overview of each deliverable and combine the overviews to inspect overall radiometry, geographic accuracy, and complete coverage. 2. Orthoimagery QA technicians will perform QC on each image. QC forms will be submitted with the Project Planning Manual. A thorough inspection of every ortho image tile will be conducted with an evaluation criteria based on: • Seamless geometry • Seamless radiometry • Appropriate dynamic range • Appropriate mean intensity • Appropriate contrast • Detection of data dropouts • Complete coverage • Appropriate resolution • Shadows, clouds, low sun angle • Bridge, overpass distortion Land Cover Mapping Object-based image analysis (OBIA) will be used to create a land cover layer representing 16 classes covering the City 58 11AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. of Bozeman, MT. The land cover classification will follow National Land Cover Database classification scheme. OBIA is a semi-automated, feature extraction approach that involves two processes, segmentation and classification, to map land cover features on the landscape. The first process, segmentation, creates homogenous groups of pixels or image objects that best represent real world features in the imagery. The second process, classification, uses the imagery, lidar, and vector data with spectral, geometric, textural, and spatial context information to label the image objects as specific classes. The OBIA approach will leverage the leaf-on imagery acquired as part of this project and will integrate other raster and vector data including the 2023 leaf-off imagery, 2018 lidar point cloud data, and vector data such as zoning, parcels, buildings, and wetlands. The 16 classes in the land cover layer will include the following:• Open water• Perennia Ice/Snow • Developed - open space• Developed - low intensity• Developed - medium intensity• Developed - high intensity• Barren land• Deciduous forest• Evergreen forest• Mixed forest• Shrub/scrub• Grassland /herbaceous• Pasture/hay• Cultivated crops• Woody wetlands• Emergent wetlands These classes will follow the National Land Cover Data Standards and Classifications developed by the Multi- Resolution Land Characteristics Consortium. It is important to note that four classes, found only in Alaska (Dwarf Scrub, Sedge/Herbaceous, Lichens, Moss) will not be mapped. The resulting land cover layers will represent ground conditions at the time the 2023 leaf-on imagery was collected and will be clipped to the City’s parcel layer and delivered as a raster and vector layer, with area calculations in an ESRI File Geodatabase. The final land cover dataset will have a 2-foot pixel spatial resolution. Turf Mapping The OBIA approach will be adapted to create the turf class from the land cover layer. Turf will represent low vegetation within developed parcels and be created by integrating the developed and grassland classes with the zoning and parcel layers. The developed classes provide context for the turf with the zoning layer augmenting land use information such as residential, commercial, recreational, and other uses. The parcel layer will provide information for identifying turf in small, developed parcels. The resulting turf class will be clipped to the City’s parcel layer and delivered as a raster and vector layer, with area calculations in an ESRI File Geodatabase. The final turf layer will have a 2-foot pixel spatial resolution. Accuracy Assessment The accuracy of the land cover and turf layers will incorporate qualitative and quantitative assessments to ensure the highest quality data are delivered with the project. An initial qualitative assessment will involve a full review of the land cover and turf classes to correct systematic errors and other blunders from the semi- automated classifications. The quantitative approach will use a reference dataset that is generated randomly and manually labeled based on the 2023 aerial imagery. The reference dataset will be compared to the land cover and turf classes to calculate overall accuracy and errors of commission and omission. All classes will have a greater than 65% accuracy with 80% of records having an accuracy of 85% or higher per the RFP. The results of the accuracy assessment will be included with the final deliverables. 59 12AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Deliverables• Project plan• Sample imagery for pilot area review• 4-band orthoimages by tile, GeoTIFF format• 4-band ortho mosaic of the entire City, MrSID format• Land cover dataset: 16 classes in raster and vector format, clipped to City’s parcel layer, stored in an ESRI File Geodatabase• Turf Layer: Raster and vector format, clipped to City’s parcel layer, stored in an ESRI File Geodatabase• Reports ‹Flight plan and logs ‹Calibration report ‹Survey control report ‹Aerial triangulation report ‹FGDC metadata, .xml format ‹Weekly progress reports ‹Final project report• All deliverables will be provided in the following coordinate system: ‹ UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters, NAVD88 meters Ownership Ayres has always assigned ownership and copyright to our clients at the completion of a project and fully intends to do the same with this project. D) SCOPE OF PROJECT Schedule Ayres proposes the following schedule to complete the City’s project successfully. While the RFP outlines a timeline of final products being delivered 90 days from the aerial flight, the Ayres team proposes to provide deliverables with the following timeline to ensure proper QA/QC and data quality standards are being met. We are open to adjustments to this schedule based on input from the City of Bozeman, including expedited delivery of pilot areas and final deliverables. MILESTONE DATE Aerial imagery acquisition August 1 to 31, 2023 (as conditions permit) Ground control survey August 1 to 31, 2023 Acquire ancillary data from Bozeman GIS portal August 2023 Develop and test OBIA approach September 2023 Delivery of orthoimagery pilot area September 30, 2023 Orthoimagery processing September - October 2023 Land Cover Dataset and Turf Layer Classification October - December 2023 Initial delivery of orthoimagery October 15, 2023 City review period - orthoimagery October 15 to 30, 2023 Final delivery of orthoimagery November 15, 2023 Land Cover Dataset and Turf Layer Classification Accuracy Assessment December 2023 - January 2024 Deliverables, metadata, and reporting December 2023 - January 2024 Initial delivery of Land Cover Dataset and Turf Layer January 15, 2024 City review period - Land Cover Dataset and Turf Layer January 15 to 30, 2024 Final delivery of all products Approximately January 31, 2024 60 13AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Wisconsin Regional Orthoimagery Consortium (WROC) The Ayres-managed WROC program comprises a multi-entity group whose goal is to build and sustain a unique means of acquiring this essential digital orthoimagery throughout the state. WROC 2020 consisted of more than 100 countywide and municipal projects supported by numerous local, state, federal, tribal, and private agency partnerships. Completed in five-year increments, WROC 2020 marks the sixth time since 1995 that a regional consortium in Wisconsin has worked together in this way, and this year’s program brought record-level participation and statewide orthoimagery coverage. Flights to collect aerial imagery were conducted over an eight-week period in spring 2020. The WROC team deployed aircraft equipped with precision aerial sensors to capture the imagery after snow had melted and before leaves emerged. Separate missions were mobilized over some counties to collect aerial lidar for topographic mapping. To facilitate a cooperative approach for orthoimagery data acquisition, WROC representatives work with the Wisconsin land information community to strengthen relationships between local, regional, state, federal, and private entities. The benefits of a consortium approach, however, should not come at the expense of meeting each member’s specific needs. To that end, WROC is designed to allow all participants to receive products and services tailored to their individual needs. With a five-year cycle, WROC 2020 marks the sixth time since 1995 that a major grassroots consortium has worked together for mutual benefit in Wisconsin. Ayres has been the mapping consultant for each of these efforts, a strong indicator of our commitment to client service and long-term client satisfaction. In 2014 and 2015 the WROC team, along with its members and partners, acquired 35,000 square miles of high-resolution orthoimagery throughout the state. The current program features a significant increase in funding support – resulting in higher resolution datasets for nearly every participant. The increased funding support has enabled all participants to acquire 6-inch, and even 3-inch pixel resolution orthoimagery. E) RELATED EXPERIENCE Client Information North Central Wisconsin Regional Planning Commission 210 McClellan Street, Suite 210 Wausau, WI 54403 61 14AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Bismark-Mandan MPO Orthoimagery and Lidar, 2020 The Bismarck-Mandan Metropolitan Planning Organization (MPO) kicked off its partnership with Ayres in 2009 to collect aerial imagery and lidar to modernize its base mapping data. The MPO has since acquired 6-inch imagery and 1-foot contours derived from lidar in 2013 and 2016. In 2020, Ayres teamed with NV5 to provide the MPO with higher resolution data products, including 3-inch pixel orthos and lidar to support 1-foot contours and high accuracy surface modeling and change detection. At Ayres we’re big supporters of both formal and informal regional organizations banding together for aerial mapping services. Through programs such as this one, we’re able to facilitate collaboration among organizations in need of similar services, which becomes a mutually beneficial relationship. This approach is not only extremely cost effective but also allows for the growth of standardized, high-quality geospatial datasets across regional borders. Project Details (March to November 2020):• 395 square miles of high-resolution 3” orthoimagery• 395 square miles of lidar to support 1-foot contours Idaho Transportation Department Payette River Highway 21 Bridge Mapping 2019 Ayres acquired 20 ppsm aerial lidar and 3-inch imagery and provided a digital elevation model (DEM), InRoads digital terrain model (DTM), and orthoimagery for approximately 1 square mile surrounding the Highway 21 Bridge over the Payette River in Lowman, Idaho. Client Information Bismark-Mandan Metropolitan Planning Organization 221 N. 5th Street Bismark, ND 58506 Client Information Idaho Transportation Department 3311 W. State Street Boise, ID 83707 62 15AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric Mapping 2021 Ayres was retained by Schweitzer Mountain Properties and construction management agent OAC services of Seattle to acquire aerial imagery and high density lidar and to provide survey and mapping of the Schweitzer Mountain Resort near Sandpoint, Idaho. The 7,000-acre resort in the rugged Selkirk Mountains of the northern Idaho panhandle is considered to be one of the best family-friendly ski resorts in the Pacific Northwest. This mapping will support the initial planning and design stages of a 10-year expansion effort for the resort. Ayres performed the ground control targeting survey and acquired 3-inch color aerial imagery and high-density 20 ppsm lidar with a simultaneous collection aerial mission and provided our client with digital orthoimagery including large scale laminated color wall maps, colorized lidar point clouds, digital elevation model, contour mapping, and planimetric mapping. Suburban Chicago GIS Consortium, IL The Illinois-based GIS Consortium (GISC) represents one of Ayres’ most complex geospatial programs and exemplifies our background in performing large-scale mapping in urban environments. The GISC is a group of more than 30 communities in the Chicago region that work together to develop GIS solutions to support a wide range of applications, including municipal engineering, planning, forestry, and public safety. Ayres has been providing high-accuracy mapping and surveying services to member communities since the 1990s. The GISC continues to work with Ayres year after year; we recently completed the 2022 mapping projects and are currently planning for the 2023 data collections and mapping initiatives.   The mapping performed for the GISC is designed primarily for daily use in municipal engineering. Annual aerial missions maintain up-to-date base mapping data, consisting of 3-inch resolution orthoimagery, 1” = 50’ scale planimetrics, and 1-foot interval contours derived from high-resolution lidar. Ancillary products have included leaf-on aerial imagery for urban forestry applications, 3-D modeling of structures, and tall building-lean mitigation in business districts. Most of the GISC falls within a 10-nautical-mile radius of Chicago’s O’Hare International Airport. This is one of the most difficult airspace environments in the United States and presents unique challenges during each flying season. Ayres has built strong relationships with the Federal Aviation Administration, Terminal Radar Approach Control Facilities, and the O’Hare Air Traffic Control Tower. Recurring temporary flight restrictions add another dimension to security restrictions in the area. Client Information OAC 2200 1st Avenue South, Suite 200 Seattle, WA 98134 Client Information GIS Consortium 188 A Skokie Valley Road Highland Park, IL 60035 63 16AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. City of Loveland Lidar and Orthoimagery In the spring of 2021, Ayres was selected to provide lidar and orthoimagery mapping services for the City of Loveland located in southeastern Larimer County, Colorado. For this project, Ayres used a calibrated lidar sensor and digital photogrammetric camera for a simultaneous collection of high-density aerial lidar and 3-inch photography to derive orthoimagery, 1-foot contours, and a detailed surface model. Lidar and aerial imagery were collected and processed for 70 square miles, which included the City of Loveland Growth Management Area and the Loveland Water Storage Area. Quality Level 1 lidar was collected at 8 pulses per square meter, and the calibrated lidar point cloud supports a bare earth surface model meeting a vertical accuracy of RMSEz of <= 10 cm, and NVA of <= 19.6 cm at the 95% confidence interval for the point cloud and digital elevation model (DEM). The 3-inch digital orthoimagery meets ASPRS Level 2 horizontal accuracy standards of 0.7 feet RMSE, which equates to 1.2 feet at the 95% confidence interval according to NSSDA standards. The calibrated lidar point cloud was classified to the USGS standardized base classification scheme. A DEM consisting of bare-earth ground points was also derived to support the interpolation of 1-foot interval contours to National Map Accuracy Standards. Additionally, Ayres complied hydro-flattened breaklines for ponded water that is two acres or greater and double line streams that are 20-feet in width or greater, which were used in the creation of the bare earth DEM and contours. Ayres collected all ground control survey points required to complete this project. Final deliverables to the City of Loveland included: ‹Raw and classified lidar point clouds in .Las format ‹A DEM surface in GeoTIFF format ‹1-foot contours in Esri file Geodatabase ‹3-inch color orthoimagery tiles in GeoTIFF and MrSID format ‹City-wide orthomosaics in GeoTIFF and MrSID format ‹FGDC-compliant metadata ‹Survey, control, and vertical accuracy reports The City again selected Ayres for work last fall using the stereo pairs from the digital aerial imagery to derive detailed planimetric mapping of the edge of asphalt for all streets within City of Loveland’s growth management area, approximately 66 square miles. The planimetric mapping features identified from the imagery are being mapped to 1” = 50’ scale mapping (1.0 feet RMSE using the National Standard for Spatial Data Accuracy [NSSDA] testing procedures). Client Information City of Loveland 500 E. 3rd Street Loveland, CO 80537 64 17AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. MDT Bridge Scour Study, Multiple Locations in Montana This Montana Department of Transportation (MDT) project was a bridge scour study of 13 different bridge sites located throughout the state. KLJ worked with Ayres as a subconsultant providing surveying and hydrologic analysis support. A hydrological study of each site included surveying the bridge structure and river channel both directions for two-thirds of a mile. Two of the sites along the Yellowstone River required aerial lidar surveys for the upland areas. The first site was located in Livingston and the second near Custer. These locations did not have publicly available lidar to analyze the upland areas. KLJ laid ground control points and ground proofing points for each of these locations. For every site KLJ established MDT approved control points using static bases lines and network adjustments. Perma Curves (MT-200) STTP-F 6-1(36)83, Paradise, MT This MDT project is the design of a five-mile stretch of Highway 200 along the Flathead River east of Paradise. The highway traverses a dangerous corridor between rock cliff faces and the Flathead River. A portion of the project lies on the Flathead Indian Reservation and includes culturally sensitive areas to CSKT. The project corridor was flown with a helicopter enabled with a lidar sensor. Ground control panels were placed along the corridor. The crews coordinated access to private land to place that targets and operated GPS base stations during the flight. Cross-sections of the corridor were used to ground truthing the flights. Aeronautical Survey and Airport Airspace Analysis, Laurel, MT This Aeronautical Survey with Vertical Guidance for an Airport Layout Plan developed Instrument Procedure Development for the airport serving Laurel, Montana. Ground survey included establishing control points using GPS baselines, tie in photogrammetry control features, identify/measure vertical obstructions, and topographical survey of the runway and air traffic control apparatus. Using NGS established GPS control points and KLJ established aerial targets, photogrammetry and lidar was used to yield two-foot contour intervals. All the survey data was then transferred to AGIS as part of the final project report. Client Information Montana Department of Transportation 2701 Prospect Avenue Helena, MT 59620 KLJ PROJECT EXPERIENCE 65 18AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. City of Bozeman Experience (KLJ) NEURD Roadway Design and Construction Projects, Bozeman, MT – KLJ provided design and construction of more than 5,000 linear feet of street and utility reconstruction projects through the City of Bozeman’s Northeast Urban Renewal District (NEURD). The projects consist of complete removal and replacement of all public sanitary sewer and storm drain systems within the project corridor, removal and replacement of public water systems, and full-depth reconstruction of new urban street sections. Street reconstruction consisted of dedicated vehicular travel lanes with on-street parking, as well as shared-use travel lanes and dedicated bike lanes, traffic calming elements consisting of intersection bulb-outs, traffic circle, and a section of center-raised median. Construction also consisted of numerous drive approaches and pedestrian and Americans with Disabilities Act (ADA) facility improvements. KLJ led multiple neighborhood meetings to communicate construction requirements and schedules and coordinate resident concerns and business requirements. Permitting acquisition for these projects was required to secure six separate permits from four separate regulatory agencies. We also provided construction administration services and assisted with RPR services. North Wallace Avenue – The North Wallace Avenue project required a significant amount of coordination to minimize impacts to mature street trees and existing utilities. Design included 5,000 linear feet of new roadway pavement; new curbs and gutters; ADA facilities; an upsized 18, 24, and 30-inch storm drain trunk main and curb inlets; a storm retention pond; new stormwater pre-treatment structure; replacement of existing water and sanitary sewer systems, including upsizing Front Street interceptor sewer to a 24-inch main with 36-inch jack and bored cased crossing of Bozeman Creek; and a new concrete wingwall for the East Tamarack Street Bridge over Bozeman Creek. Extensive utility relocations were required with many undocumented and abandoned utilities dating back to the turn of the century. East Tamarack Street Reconstruction – KLJ provided roadway and sanitary sewer main improvements for a 0.20- mile urban roadway reconstruction project. KLJ was hired to design the reconstruction of one of the oldest streets in Bozeman. Included in the design are 0.20 miles of roadway reconstruction, upsizing the existing sanitary sewer main to a new 24-inch diameter sanitary sewer, storm drain improvements, new five-foot sidewalk on both sides of the street, numerous ADA facilities, a new dedicated bicycle lane, new roadway signage, new pavement markings, and utility coordination. East Peach Street Reconstruction – The project was a 0.25- mile urban roadway reconstruction project. KLJ designed reconstruction of one of the oldest streets in Bozeman. Included in the design were 0.25 miles of roadway reconstruction, new eight-inch water main, new eight-inch sanitary sewer main, storm drain improvements, new sidewalk, numerous ADA facilities, new roadway signage, new pavement markings, and utility coordination. 66 19AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Habitat Gap Analysis Report | Polk County and St. Croix County, Wisconsin Funded by U.S. Fish and Wildlife Services, this project developed a high-resolution land cover classification and conducted a habitat gap analysis for monarch butterflies, mallard ducks, blue-winged teal, ruffed grouse and Kamer blue butterflies in two Wisconsin counties. The land cover was classified using an object-based image analysis (OBIA) approach with high-resolution leaf-off imagery, leaf-on imagery, and lidar data, acquired in 2014 and 2015, and with ancillary vector datasets. The OBIA approach involved two processes, segmentation and classification, to classify features on the landscape. The first process, segmentation, creates homogenous groups of pixels or image objects that best represent real world features in the imagery. The second process, classification, used the imagery, lidar, and vector data with color, geometric, textural, and contextual information to identify each class. This process resulted in 14 land cover classes: coniferous and deciduous tree canopy, scrub/shrub, grassland, water, barren, building, road, other paved, emergent wetland, scrub/shrub wetland, forested wetland, crop, and grain. These land cover classes were used for mapping habitat, wildlife corridors, and habitat gaps. The availability of high-resolution imagery and lidar data covering Polk County and St. Croix County in Wisconsin were essential for creating value-added products to support land cover and wildlife habitat mapping. The imagery included leaf-off imagery (1ft) acquired in spring 2015 and leaf-on imagery (3.28ft) acquired in summer 2015 as part of the USDA National Agricultural Imagery Program (NAIP). The lidar data acquired in 2014 for St. Croix County and 2015 for Polk County included a classified point cloud, digital elevation model, and digital surface model. The point cloud classes were used to create additional surface models: a normalized digital surface model (nDSM), canopy height model (CHM), and normalized digital terrain model (nDTM). The habitat gap analysis used the land cover classification to identify habitat areas and a region-growing process model of corridors between the habitat areas and the lack of connectivity or gaps between the habitat areas. The region-growing process used the habitat classes for each species as the seeds for flooding the landscape surrounding each habitat area. The process produced a corridor layer where habitat areas were connected by a species-defined distance. This project was managed by Keith Pelletier, who we are proposing to be the SIG Project Manager SIG for the Bozeman project. Landcover Classifications | South Lake Tahoe Property Owners Association The Tahoe Regional Planning Agency (TRPA) regulates the amount of impervious surface allowed on a parcel of land and requires property owners to prepare assessments to quantify impervious surfaces to ensure they are complying with these regulations. This helps TRPA to identify actions that can mitigate negative environmental effects. Pavement, buildings, and other sorts of “impervious land cover” seal off soil surfaces, which prevents natural groundwater recharge and rainwater to run off. This leads to decreases in water quality, poor wildlife and fish habitat, heat islands, and lower air quality. SIG was contracted to collect high-resolution imagery for 16 different parcels at South Lake Tahoe. Image collection was performed using a DJI Mavic Pro quadcopter UAS. A quadcopter is SIG PROJECT EXPERIENCE 67 20AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. a very maneuverable type of UAS, and allowed the team to work in confined areas, with exact lift-offs and landings. It collected at least 20 photos per parcel. The 3 cm/pixel resolution photos were stitched together using cloud-based photo processing to create a 2-D image of the parcel. Once images were combined into a mosaic for each parcel, ArcGIS 10.5 software was used to ensure they were spatially accurate. The software matched three or more points in each image to a base map with known geographic coordinates (in this case, it was the ESRI base map, one of several widely-used base maps). Features in the images were then classified based on 15 different types of land cover. Pavement and building footprints and how they related to TRPA-designated land use types and lake set-back requirements were of most interest to the team, given the project objectives. The SIG UAS Team also used a digital elevation model from high-resolution lidar data to develop contour lines and to define Lake Tahoe’s high-water elevation. SERVIR AMAZONIA | State-of-the-Art Geospatial Technology in the Amazon | CIAT https://sig-gis.com/projects/servir-amazonia-state-of-the-art-geospatial-tech-in-the-amazon/ SIG provides partnership development and project management support to the Science and Data Lead for SERVIR Amazonia, a $9 million NASA and USAID-funded program to deliver geospatial information to organizations in the Amazon region. SIG is supporting SERVIR by providing expertise on geospatial technologies, including: land use and land cover monitoring systems leveraging machine learning to identify habitat change; climate suitability models for planning climate-resilient landscapes; geospatial scenario analyzes to assist with water-related conflict resolution; and ecosystem service evaluations integrating soil carbon, biodiversity, and water resources. SERVIR-Amazonia joined the global SERVIR network in early 2019, bringing state-of-the-art land monitoring technology to land managers in this globally critical ecosystem. Based in Colombia, the International Center for Tropical Agriculture (CIAT) implements SERVIR-Amazonia together with consortium partners SIG, the Institute of Agricultural and Forest Management and Certification (IMAFLORA) in Brazil, and Conservación Amazónica (ACCA) in Peru. The SERVIR hub will focus on development activities in Brazil, Peru, and Colombia, with impacts that reach into Ecuador, Guyana, and Suriname. TerraBio, one of the projects created out of SERVIR-Amazonia, brings together USAID/Brazil, the Alliance of Bioversity International/CIAT, and the private sector. Designed as a monitoring methodology, TerraBio’s goal is to assess the impact of private investment on biodiversity conservation in the Brazilian Amazon. The tool uses an innovative model that combines satellite imagery, environmental DNA, local data, and other information. TerraBio directly monitors land cover change and biodiversity on an annual basis. The assessed biodiversity metrics and landscape metrics are used to characterize changes in the landscape and habitat availability for native species. Urban Ecological Land Cover Mapping | New York City An urban ecological land-cover map containing 37 unique classes was created for New York City using object-based imagery analysis (OBIA) techniques in conjunction with multispectral orthoimagery, Lidar data, thematic GIS layers, and local expert opinion. Based on a classification scheme adapted from the United States National Vegetation Classification (NVC), the map included a mix of ecological and anthropogenic features mapped across four hierarchical levels of detail: 68 21AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. 1) basic land cover; 2) land-cover sub-classes; 3) NVC Group; and 4) NVC Association. All ecologically-relevant classes were mapped to the NVC Group level, and a subset of 9 classes were mapped to the NVC Association level. These classes included upland forests (e.g., oak-tulip, coastal- oak hickory), maritime forests (e.g., maritime post oak forest), upland grass\shrubs (e.g., dune and coastal grassland and shrubland), freshwater wetlands (e.g., wet meadow, freshwater marsh), tidal wetlands (e.g., high salt marsh, brackish tidal marsh), and aquatic vegetation (e.g., intertidal shore vegetation). Features in dense urban zones such as maintained grass\lawns and neighborhood trees were assigned to anthropogenic classes to further highlight the most important ecological features. An accuracy assessment conducted on the Level 2 map indicated an overall accuracy of 92%, a high classification rate attributable in part to the efficient mapping of widely-distributed upland forest classes. Forested wetlands and other uncommon wetland features were predictably mapped with lower accuracy, primarily because they were often difficult to discriminate from upland forest types. A quantitative accuracy assessment for the Level 3 and Level 4 NVC classes was not conducted, but the quality of these classes likely varied by data input (i.e., high for classes based on expert opinion, lower for classes based on multispectral criteria). The map facilitated understanding of the city-wide occurrence and distribution of ecological diversity and served as baseline documentation for monitoring and protecting New York City’s natural resources. Regional Land Cover Monitoring System | NASA SERVIR SIG through SERVIR Mekong developed a Regional Land Cover Monitoring System (RLCMS). This new system leverages the newest technologies in the field of cloud computing, machine learning and artificial intelligence to create yearly land cover maps from satellite data. The fully customizable RLCMS is currently being used by various institutes for cross-country comparative analyses of land use and land cover change. RLCMS produces consistent time series products using free long term historical Landsat and MODIS data. The purpose of this system is to facilitate the production of custom, high-quality land cover information products to serve a variety of policy, planning, management, and reporting needs of regional and national institutions in the Lower Mekong Region. The system leverages the power of Google Earth Engine and relies in most cases on field observations and the interpretation of high resolution imagery by stakeholders relevant to a given project. Once the system has been customized to produce a given product or set of products, these can be updated regularly in a structured way to serve ongoing monitoring needs. The system enables users to benchmark current conditions and sets a baseline for future reporting of progress in land governance. Learn more: http://catalogue.servirglobal.net/Product?product_id=150 69 22AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Cambodia Crop Mapping SIG has developed advanced techniques for the mapping of the agricultural landscape in the Kingdom of Cambodia. This project is being carried out in collaboration with several organizations, including the US Forest Service International Programs, SilvaCarbon (a US Government interagency program), the Food and Agriculture Organization (FAO) of the United Nations, Cambodia’s Department of Agriculture and Land Resources Management (DALRM), and the Ministry of Environment of Cambodia. In line with its obligation to report to the United Nations Framework Convention on Climate Change (UNFCCC) under the Paris Agreement’s Enhanced Transparency Framework (ETF), Cambodia is undertaking initiatives to strengthen its agriculture and land use components. To fulfill the ETF reporting requirements and support land use planning, it is crucial to create high-resolution agricultural land use maps and gather data on crops. The Agricultural, Forestry, and Other Land Use (AFOLU) sector of Cambodia prioritizes the development of accurate forest cover and other land use data, with a particular focus on identifying crops of high economic value, such as cashew and other broadleaf tree crops. SIG leveraged data collected in the field or digitized in Collect Earth Online by the General Directorate of Agriculture (GDA) team to construct models for mapping various crop types. The team utilized a deep learning algorithm to classify crop types from high-resolution satellite images, resulting in the creation of a nationwide map of cashew plantations. SIG also carried out capacity building activities, including workshops and webinars, to impart the fundamentals of neural networks and train local staff in producing and assessing crop maps. Collect Earth Online SIG and its partners created Collect Earth Online (CEO), a free, open-source system for viewing and interpreting high- resolution satellite imagery. The projection is a collaboration with NASA SERVIR, SilvaCarbon, the USDA Forest Service, and the Food and Agriculture Organization of the United Nations (FAO). The codebase is shared through the FAO’s Open Foris initiative, which promotes flexible and efficient data collection, analysis, and reporting. CEO’s powerful, cloud-based technology simplifies a process that had been fragmented and required multiple stakeholders. With CEO, users can inspect any location on Earth with satellite data and track land use and landscape changes over time. Users can conduct surveys, collect samples, and make use of crowdsourcing technology—all at no cost. CEO provides access to historical imagery and mosaics from NASA’s Landsat network, the European Union’s Sentinel system, Google Earth Engine. One of its most valued features is date-stamped imagery of the tropics generated monthly by Planet and made available through Norway’s International Climate & Forests Initiative (NICFI). Armed with the consistent, reliable land use data they need, users can more easily monitor quickly changing landscapes, develop policies to protect land, and prevent deforestation. 70 23AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Ayres is a nationwide professional consulting firm providing services in photogrammetry, lidar, and digital mapping; GIS; survey; civil, structural, transportation, river, and water resources engineering; environmental science; planning; architecture; landscape architecture; and mechanical, electrical, and plumbing engineering. Our employee-owned firm was founded in 1959 by Owen Ayres, an engineer who instituted many of the practices we follow: working with clients as a partner; offering smart, creative solutions; conducting business with the utmost integrity; and providing employees challenges and the opportunity to advance and invest in their company. Incorporated in Eau Claire, Wisconsin, Ayres now employs over 350 people. Ayres has 11 offices in Wisconsin, Colorado, Wyoming, Florida, Minnesota, and California. Ayres’ geospatial division is based in Madison, Wisconsin. The geospatial division originated as Alster & Associates Photogrammetric Engineering (founded in 1951), who merged with Ayres in 1978. The geospatial division has over 60 people. Credentials held by these employees include multiple Certified Photogrammetrists, GISPs, Certified Mapping Scientists in several specialties, and Professional Land Surveyors. There are also many highly trained technicians and project managers, all of whom have formal education in the discipline of geography. As shown in the Related Experience section, Ayres’ staff has brought unparalleled experience providing geospatial and survey to municipalities throughout the nation. This breadth of expertise and deep capacity means that Ayres can simultaneously perform and complete a variety of projects on schedule and meeting or exceeding client needs and expectations. Ayres’ geospatial division provides a diverse range of mapping services to clients in the West and nationally, including: • Digital orthoimagery • Planimetric and topographic mapping • Digital terrain modeling (DTM) • Remote sensing • GIS consulting, training, and development • GPS and conventional survey • Aerial lidar (fixed wing and helicopter) • Oblique aerial imagery • Ground-based lidar (mobile and HD scanning) Ayres has been providing aerial imagery to local governments for over 25 years. Ayres helped launch and develop what is now known as the Wisconsin Regional Orthoimagery Consortium (WROC). Beginning in 1995 with one regional planning organization covering a handful of counties, Ayres helped recruit members and partners, manage funding participation and contracts, and grow the available products and services as WROC grew into a statewide program that includes state agencies, county and municipal governments, utilities, and more. Ayres is the only firm that has ever held the contract throughout WROC’s history, delivering imagery, lidar, and related mapping products. In the past five years Ayres has completed nearly 700 aerial mapping projects. These projects took place in 24 states, including Montana and all its surrounding states. Ayres’ approach to managing the City of Bozeman’s project will begin with a dedication to understanding your needs and designing solutions that address them. For example, Bozeman is a very attractive area for relocation, and was the third fastest growing micropolitan area in the U.S. last year, and the fastest growing in the preceding three years. Since it has been five years since the last imagery update for the City, there will be substantial updates to the building footprints and changes to the imagery. Ayres has designated a project manager who is experienced with municipalities experiencing rapid growth. Ayres’ proposed project manager, Tyler Kaebisch, will coordinate the data collection and processing efforts for the City of Bozeman project. Tyler has experience managing geospatial projects throughout the country, with a focus on the western United States. Tyler is experienced in project management and has a strong history of involvement in geospatial projects, with F) STATEMENT OF QUALIFICATIONS 71 24AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. over 14 years of experience in GIS, remote sensing and project management. Prior to joining Ayres, Tyler served as a remote sensing specialist and an inventory and monitoring remote sensing specialist for the U.S. Bureau of Reclamation and the U.S. Forest Service in the Rocky Mountain region. He has also been involved in numerous projects using aerial mapping to support mitigation and recovery after natural disasters. As project manager, Tyler will update City of Bozeman personnel during the project to discuss pertinent project issues as needed. Additionally, he will participate in weekly internal meetings with Ayres supervisors to assess the status of the project and address key technical issues, thereby maintaining high standards for product specifications and keeping the project on track to meet the timeframe agreed upon. One important difference about Ayres compared to some geospatial firms is that all work is performed in the United States. Ayres possesses more than enough resources and uses efficient processes to allow us to accomplish this project with skilled professionals based in the United States. There remain only a few geospatial firms that have their entire production staff within the country; Ayres is proud to be among them. Ayres’ subconsultants are KLJ for control survey and Aerial Surveys International (ASI) for aerial imagery acquisition. Spatial Informatics Group (SIG) is the subconsultant for the Land Cover Dataset and Turf Layer. Ayres has a successful history with all firms. KLJ has four offices in Montana, including one in Bozeman, and has five surveyors who hold Professional Land Surveyor licensure with the State of Montana. KLJ’s survey lead, Justin Stefanik, began his surveying career in Bozeman and is familiar with the City’s requirements. KLJ has performed a number of projects for the City and served as a sub to Ayres on a contract with the Montana Department of Transportation to perform scour studies on 13 bridges. Under this project, KLJ provided survey control for aerial lidar data. ASI has acquired aerial data for nearly forty projects for Ayres over the past 10 years. These include the Bismarck-Mandan MPO and the City of Laramie project described in the Related Experience section. ASI owns seven aircraft and four different types of digital imagery sensors from different manufacturers, allowing them to provide Ayres with the best and most appropriate technology to meet the specific needs of each client. Founded in California in 1998, Spatial Informatics Group (SIG) is an environmental services and software development company, with expertise in GIS and international land cover mapping. Their mission is to conduct research, develop unique datasets, produce innovative modeling solutions, and encourage open science that democratizes decision making locally, regionally, nationally, and globally. Highly experienced remote sensing staff from SIG include: KARIS TENNESON, PhD - Karis is Director of Environmental Mapping at SIG. Her work focuses on developing decision support tools to monitor land use and land cover dynamics, forest biomass estimation using lidar and structure from motion, assessing ecosystem services, and scenario planning. She was the Principal Investigator (PI) on a multi-agency team to conduct a sample-based inventory of crop commodities cultivated in previously forested landscapes in seven Southeast Asian countries. SIG assessed the distribution of the main commodities that have replaced formerly forested lands, inventoried agroforestry practices, and estimated carbon emissions associated with these activities using visual photo-interpretation methods. She also was the technical lead/project manager on the Change of Use and Cover Monitoring Tool project for the development of a cloud based, integrated land cover mapping and inventory tool with REDD+ Project, Ministry of the Environment Ecuador. 72 25AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. ENIKOE BIHARI - Enikoe is a Data Scientist on the SIG Environmental Mapping team. She has a background in forestry, ecology, and environmental engineering, with expertise in ecological fieldwork and geospatial data analytics (GIS). Her project work has included mapping contaminants in the soils of urban parks and analyzing how patterns correlate to environmental variables. KEITH PELLETIER - Keith is a Data Scientist with SIG and Geospatial Scientist in the Remote Sensing and Geospatial Analysis Laboratory at the University of Minnesota (UMN). He has worked on geospatial projects for the Minnesota Department of Natural Resources, US Forest Service, and the U.S. Fish and Wildlife Service. His work uses semi-automated approaches to produce high resolution land cover for forest inventory, urban tree canopy assessments, wetland extent and change, and impervious surfaces. Detailed information on the key members of the Ayres team – and their availability during relevant time periods to the City of Bozeman’s project – can be found in the Key Personnel section of this submittal. “Ayres exhibits exceptional customer service and responsiveness. During the City’s hour of need, Ayres staff worked nights and weekends to assist in condition assessments, field solutions, and coordination of resources.” Chris Matkins Water Utilities Manager City of Loveland, CO 73 26AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Our experience has shown us that close and open communication with our clients is the foundation for a successful working relationship. We place a high priority on understanding our clients’ needs, openly addressing issues, involving clients in decision-making, and resolving project concerns. In every project we undertake, our goal is always client satisfaction. We invite you to contact the references listed below – for whom our firm has provided similar services – for a firsthand account of our work. City of Loveland – Lidar, Aerial Imagery, and Planimetric Mapping Client: City of Loveland Address: 500 E. Third St., Loveland, CO 80537 Contact: Chris Carlson Phone: 970.962.2774 Email: Chris.Carlson@CityofLoveland.org Illinois GIS Consortium – Lidar, Aerial Imagery, and Planimetric Mapping Client: Village of Oak Brook Address: 1200 Oak Brook Rd., Oak Brook, IL 60523 Contact: Jim Fox Phone: 630.368.5000 Email: jfox@oak-brook.org Landcover Classifications - South Lake Tahoe Property Owners Association Reference for Spatial Informatics Group (SIG) Client: Tahoe Regional Planning Agency Address: 128 Market Street, Stateline, NV Contact: Dennis Zabaglo, Aquatic Resources Program Manager Phone: 775.589.5255 Email: dzabaglo@trpa.gov G) REFERENCES “I had really high expectations from the start because I knew we had an incredible team of professionals working on this project, and yet (Ayres) still exceeded my expectations.” Mark Sears Natural Areas Program Manager City of Fort Collins, CO 74 27AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. H) PRESENT & PROJECTED WORKLOADS The following tableand chart represents our current capacity and workload projections to assist the City of Bozeman on its digital orthoimagery, land cover dataset and turf layer classification project. NAME % EST. CAPACITY % TIME TO PROJECT Tyler Kaebisch 80%15% Aaron Sale 40%25% Burt Lindquist 55%30% Imagery Technicians 70%20% KLJ Survey Staff 40%25% ASI Flight Staff 30%15% SIG Classification Staff 80%75% “Ayres has consistently produced quality work in a timely manner, and with the highest degree of professionalism. They work closely with me ... to resolve issues and discuss ideas, and are always available when needed.” Jennifer Spinelli Assistant Planner City of Montrose, CO AYRES WORKLOAD PROJECTIONS 2023 2024 May June July August September October November December January Washington DNR Lidar Rapid City MPO Lidar and Orthoimagery GISC: IL Lidar, Orthoimagery, & Plannimetric Mapping WROC: Wisconsin Lidar and Orthoimagery Kentucky Orthoimagery 75 28AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. “Ayres is a trusted commodity in our community. They’ve been very good to work with; they’ve provided everything they said they would and usually a little bit more.” Steve Tilton Former Assistant Village Manager, Village of Tinley Park, IL We know that every project we complete is really about people. That’s why we have assigned our best people to work with the City of Bozeman staff and project stakeholders to make sure your project meets your needs. Our team will be led by Tyler Kaebisch, a geospatial project manager with extensive experience in digital mapping. Tyler is proactive in identifying and addressing challenges to keep the project on schedule and is committed to keeping major stakeholders informed throughout the course of the project. Ayres’ staff members approach each project knowing the services we provide bring noticeable improvements for the communities for which we work and improve lives in the process. Through years of successful projects, we know that assigning qualified staff to your project and providing good communication are vital for maintaining trust and confidence. Resumes for key members of our team are included on the following pages. I) KEY PERSONNEL 76 29AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Tyler Kaebisch Geospatial Project Manager Tyler joined Ayres in 2019 as a project manager in the aerial mapping group. He has used his communication and organizational skills to manage large-scale statewide projects that apply remote sensing techniques to analyze features across the landscape. Tyler has worked in the federal and state agency sectors, where he has more than 14 years of experience with resource inventory and monitoring programs, working side by side with federal, state, county, and private sector partners. Tyler’s focus as a remote sensing specialist has included object-based image analysis, wetland flora and fauna, hydrography, aerial photography, and lidar (light detection and ranging). Tyler will seek opportunities to solve mapping problems for clients in sectors including local government, utilities, and telecom in the Midwest and West. Select Experience • Water Supply and Storage Company Ditch Mapping 2020, CO• Larimer County Fairgrounds Orthoimagery and Topographic/Planimetric Mapping 2020, Larimer County, CO• Greeley-Loveland Irrigation Canal Lake Drive Stabilization/UAS Aerial Orthophotography and Lidar, Loveland, CO• Larimer County Landfill Aerial Mapping 2020, Larimer County, CO• Estes Park Building Mapping 2021, Town of Estes Park, CO • City of Loveland Lidar and Orthoimagery 2021, Loveland, CO• Bismarck-Mandan Metropolitan Planning Organization 2020 Orthoimagery & Topographic Mapping, ND• Goodhue County Orthoimagery 2022, MN• 3-DEP QL0 Lidar 2020, Goodhue County, MN• Grand Forks - East Grand Forks MPO Ortho and Lidar 2021, MN• Grand Forks, ND Building Footprints• Lidar and Orthoimagery 2021, Loveland, CO• Georgia Site Lidar and Orthos 2021, Warrenton, GA• GISC Topo Lidar Mapping 2022, Northfield, IL• LA County UAS Lidar 2021, Los Angeles, CA• Lidar Processing 2021, Madison, WI• Mobile Lidar 2022, Davenport, IA• Washington State King County Lidar Processing, Sheboygan Falls, WI• GISC Lidar 2019, Wilmette, IL• WROC 2020 Waupaca County Lidar, WI• GISC Lidar 2020, Des Plaines, IL• WROC 2020 Calumet County Lidar (2018), WI Total Experience 14 Years Education MS, Geospatial Information Science, University of Minnesota BS, Fisheries and Water Resources Management, University of Wisconsin - Stevens Point 77 30AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Aaron Sale Imagery Supervisor Aaron joined Ayres in 1996 as a digital orthophotography technician. His experience with Ayres is in the use and production of digital orthophotography and flight planning for geospatial projects. Aaron has led imagery development for major orthoimagery projects around the nation. His experience includes the award-winning Wisconsin Regional Orthoimagery Consortium project, which was the first statewide, leaf-off orthoimagery project in the state and included the development of 12-inch resolution imagery of the entire state as well as higher resolution imagery for a range of public and private entities. Select Experience • Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric Mapping 2021, Sandpoint, ID• Idaho Transportation Department Payette River Highway 21 Bridge Mapping 2019, Boise, ID• Wisconsin Regional Orthoimagery Consortium (WROC), Statewide, WI• Northern Colorado Geospatial Consortium Lidar and Orthoimagery, Various Locations, CO• Colorado Department of Transportation US 34 Canyon Mapping Revision Lidar, Larimer County, CO• Bismarck-Mandan MPO Orthos and Topographic Mapping, Bismarck, ND Burton Lindquist Analytical Aerotriangulation Specialist Burton joined Ayres in 1989, bringing three years of experience in stereo plotter operation and analytical aerotriangulation, as well as additional skills in orthophoto production and digital file editing. Since 1998, Burton has been in charge of overseeing all phases of analytical aerotriangulation. He has an extensive background in conventional analytical aerotriangulation (AT) and is trained and experienced in the use of Z/I ISAT softcopy AT software. Select Experience • Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric Mapping 2021, Sandpoint, ID• Idaho Transportation Department Payette River Highway 21 Bridge Mapping 2019, Boise, ID• Wisconsin Regional Orthoimagery Consortium (WROC), Statewide, WI• Colorado Department of Transportation US 34 Canyon Mapping Revision Lidar• MnDOT Spring 2019 Imagery, St. Paul, MN• CDOT US 85 & WCR44 Roadway Drainage Lidar & Imagery 2018, Various Locations, CO• Landfill Aerial Mapping 2020, Larimer County, CO• Larimer County Fairgrounds 2020, CO• Water Supply Storage Company Ditch Mapping 2020, CO• Lidar and Orthoimagery 2021, Loveland, CO Years of Experience 27 Years Education BS, Geography/Earth Sciences, University of Wisconsin- La Crosse Total Experience 36 Years Education BS, Cartography/Geography, University of Wisconsin-Eau Claire 78 31AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Justin Stefanik – Professional Land Surveyor, Certified Federal Surveyor, Engineering Intern – Helena, MT Justin is a Professional Land Surveyor (PLS) in Montana, a Certified Federal Surveyor (CFedS), and an Engineering Intern (EI). He has extensive experience providing cadastral, private land retracement, corridor, utility, and control surveys to public and private clients. Justin completes General Land Office (GLO) retracement surveys, section breakdowns, Certificate of Survey, topographical surveys, bathymetric surveys, construction stakeout, drafting, writing legal descriptions, courthouse research, data downloads and manipulations. His supervision of field surveys crews for more than 14 years brings an understanding of the correct procedures to provide an accurate survey and has completed surveys meeting the City of Bozeman protocols. Justin’s role for this project will be the planning and execution ground control and ground truthing surveys. Justin started his career in Bozeman, after finishing his Construction Engineering Technology from Montana State University he worked at a local engineering and surveying crew for two years before moving back to Helena. Justin has completed multiple ground control surveys on manned aerial flights throughout Montana. Chantry Myers – Survey Technician, Drone Pilot – Helena, MT Chantry is a survey technician with experience involving GLO retracement surveys, section breakdowns, COS drafting, topographical surveys, construction stakeout, writing legal descriptions, and courthouse research. He has gained experience working on these types of projects for the last 3 years with KLJ and is knowledgeable in both survey field work and AutoCAD Civil 3D. Chanty is also a licensed drone pilot, passing his part 107 certification a year ago. He has operated drones on four different sites in Bozeman in the last 6 months. He planned, laid out the ground control, flew and processed the aerial flights for these four sites and multiple others around Montana. Chantry is Construction Engineering Technology graduate from Montana State University that started his survey career in Bozeman working for a contractor staking grades on heavy civil projects. Robert Hofer – Survey Technician, Drone Pilot – Billings, MT Robert is a survey technician with experience involving General Land Office (GLO) retracement surveys, hydrologic surveys, section breakdowns, Certificate of Survey (COS) drafting, topographical surveys, construction stakeout, writing legal descriptions, and courthouse research, Stormwater Pollution Prevention Plans (SWPPP). He has gained experience working on these types of projects for the last four years. Robert is knowledgeable in both survey field work and AutoCAD Civil 3D. Robert is a licensed drone pilot that passed his part 107 certificate 18 months ago. Robert is a Civil Engineering graduate from Montana Tech and has performed ground control surveys on four different projects. He is currently laying ground control for a large power line project from Colstrip to the Montana/North Dakota state line. Mike Hinshaw – Professional Engineer – Bozeman, MT Mike is a project manager located in KLJ’s Bozeman office. He has worked as a project manager, design engineer, and resident project representative (RPR) on projects throughout the region. Mike’s background in land development, municipal infrastructure, water resources, and construction administration projects give him a well-rounded background and a strong understanding of project needs, and the ability to anticipate problems well in advance of them hindering progress. He has worked with contractors and clients to successfully navigate disagreements and help both sides resolve those situations and get the project moving again. Mike has worked as an on-call city engineer performing design reviews, construction oversight, and advising City staff, so he is knowledgeable in the challenges and requirements of working with a community as an on-call engineer. Mike gained extensive experience in accounting and corporate finance before pursuing his engineering degree. His experience in the financial world helps immensely in bringing a project in on time and on budget, as well as managing regulatory challenges. 79 32AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Mark Schubert – Owner/President Chief Pilot & Acquisition Manager Mark has 26 years of experience in mapping and surveying. He started in 1995 as an aerial photography pilot and became co-owner of ASI in 1998. Mark is an accomplished photo/lidar pilot and is a Commercial, Multi, Instrument Rated, Pilot and Aircraft Mechanic. He has completed an extensive number of both domestic and international projects. As the owner of ASI, Mr. Schubert provides overall direction of the company, business & project management support and technical leadership & direction to the organization. Mark will serve as ASI’s principal-in-charge, acquisition manager and chief pilot for this project. Accomplishments:• Successfully managed growth of company to level of premier domestic and international aerial• acquisition firm• Estimated, designed, and managed thousands of aerial photo and data acquisition missions• Researched diverse national and global client groups to forward ASI’s market position• Performed network marketing and coordination with industry related businesses to develop• Strategic partnerships in the GIS, geospatial and photogrammetric mapping arenas. Education and Training:• Metro State College, Denver State - Professional Flight Training• Colorado Aerotech, Bloomfield, CO - A & P License• University of North Dakota, Grand Forks Aerospace Sciences• Embry Riddle Aeronautical University, Prescott, AZ – Aircraft Maintenance Management Certifications and Registrations:• Commercial, Multi, Instrument Rated pilot with ~7700 hours TT, ~6500 multi-hours• Certified (AP) Aircraft Mechanic Erik Woods - Project Manager/Production Manager/Sensor Operator Erik has over 17 years of experience with LiDAR and digital imaging. He is responsible day-to-day project management as well as resource management and oversight of field crews, photogrammetric processing and all deliverables. He has expertise in photogrammetry, remote sensing, aerial photography, and advanced Geographic Information Systems including advanced geospatial processing techniques, methods and quality planning. Erik has extensive hands-on geospatial experience specializing in production and quality assurance of all data products. Erik also provides GIS technical support and consultation including database development, composition and collaboration of technical and non-technical proposals and responses. Erik is also responsible for the maintenance of the IT infrastructure at ASI. Certifications and Registrations:• Intergraph / Z/I Processing Certification• Optech Processing Certification• Certified (AP) Aircraft Mechanic David Braun - Sensor Operator David has over 41 years of experience with LiDAR and digital image acquisition. He is responsible for daily mission planning and digital aerial image and/or lidar acquisition. David has flown literally thousands of missions over the course of his career. David also provides additional support with sensor installation, calibration and aircraft maintenance. He has expertise in remote sensing, aerial photography, methods and quality planning. Certifications and Registrations:• US Navy Reconnaissance School• Certified DMC, ADS and Optech LiDAR sensor operator 80 33AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Keith C. Pelletier Research Scientist Keith is a PhD candidate in the Remote Sensing and Geospatial Analysis Laboratory at the University of Minnesota (UMN). Prior to joining SIG, Keith worked as a Geospatial Analyst in the Spatial Analysis Laboratory and was a lecturer in Geography at the University of Vermont where he taught cartography, remote sensing, geographic research methods, and GIScience. Education and Training:• Ph.D., Natural Resource Science and Management, University of Minnesota - Anticipated 2024• MS, Natural Resources & BA, Geography, University of Vermont Affiliations:• American Geophysical Union • American Society for Photogrammetry & Remote Sensing, UMN Student Chapter President • Gamma Theta Upsilon: The International Geographic Honor Society • Minnesota GIS/LIS Consortium • Northeast Arc Users Group (NEARC)• Vermont Spatial Data Partnership (VSDP) Select Experience • Zebra Mussel Mapping and Counting using Object-based Image Analysis, Minnesota Aquatic Invasive Species Research Center – University of Minnesota, Jan 2023 – July 2023 (PI)• State and Private Forestry Northeastern Area Landscape Scale Restoration, Minnesota Department of Natural Resources, Sept 2020 – Sept 2024 (Co-PI)• Great Lakes Basin landscape change in four dimensions, U.S. Fish and Wildlife Service, Sept 2020 – Sept 2021 (Co-PI)• A multi-scale, multi-temporal approach for identifying landscape change in the Great Lakes Basin, U.S. Fish and Wildlife Service, May 2019 – Sept 2020 (Co-PI)• Gap Analysis, U.S. Fish and Wildlife Service, June 2018 – Aug 2019 (PI)• Sinkhole and Land Cover Mapping, St. Croix County, WI, June 2018 – Aug 2019 (PI)• Image Processing to Build a Multi-Temporal Vegetation Elevation Ecosystem Model (MTVEEM), Great Lakes Consortium for Petascale Computation - National Center for Supercomputing Applications, April 2018 – April 2019 495,000 Node Hours (Co-PI)• Gap Analysis, U.S. Fish and Wildlife Service, Nov 2017 – May 2019 (PI)• A multi-scale, multi-temporal approach for identifying landscape change in the Great Lakes Basin, U.S. Fish and Wildlife Service, Nov 2017 – Sept 2019 (Co-PI)• State and Private Forestry Northeastern Area Landscape Scale Restoration, Minnesota Department of Natural Resources, Sept 2017 – Sept 2020 (Co-PI) Enikoe Bihari Data Scientist Enikoe has experience working with multiple levels of projects. She is an experienced Environmental Scientist and works as a Data Scientist on the Environmental Mapping team at Spatial Informatics Group. Education and Training:• Master of Forestry & Master of Environmental Management Duke University• BS, Environmental Science, minor in Environmental Engineering, University of California-Los Angeles• International Business School study abroad, Corvinus University of Budapest 81 34AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Select Experience • SERVIR Amazonia. SIG provides partnership development and project management support to the Science and Data Lead for SERVIR Amazonia, a $9 million NASA and USAID-funded program to deliver geospatial information to organizations in the Amazon region. SIG is supporting SERVIR by providing expertise on geospatial technologies, including: land use and land cover monitoring systems leveraging machine learning to identify habitat change; climate suitability models for planning climate- resilient landscapes; geospatial scenario analyzes to assist with water-related conflict resolution; and ecosystem service evaluations integrating soil carbon, biodiversity, and water resources.• Collect Earth Online (CEO). DFFE requested to learn more information about the use of Collect Earth Online to help them to increase the temporal frequency of land use change dynamics occurring between 1990 and 2014. They have basemaps for those two years, but currently they have no information on when the observed changes occurred over that 24 year timeframe. Collect Earth Online is a platform that facilitates image viewing and interpreting; it is part of the OpenForis suite of free and open source forest monitoring tools. Many of the useful publicly, freely available images are already pre-loaded into the platform (e.g., Landsat, Sentinel 1 and 2, DEMs), with the option for users to easily load their own commercial imagery or map layers themselves.• SilvaCarbon Africa/Asia. SIG led facilitation of a live workshop on forest degradation as a collaborative exchange between countries in Africa, Asia, Latin America, and South America. Peer presentations and interactive discussions with regulating agencies provided an opportunity for co-learning, supporting countries’ efforts to measure GHG emissions and access result- based payments. Karis Tenneson Director of Environmental Mapping Dr. Tenneson’s work focuses on developing decision support tools to monitor land use and land cover dynamics, forest biomass estimation using lidar and structure from motion, assessing ecosystem services, and scenario planning. Education and Training:• PhD, Interdisciplinary, PhD Program in Urban Design & Planning, University of Washington• MS, Urban Design & Planning, University of Washington• BA, Biology and Mathematics, Luther College Select Experience • TerraBio. PI on the development of a monitoring platform to assess the impact of investment initiatives/projects supported by the private sector for the conservation of biodiversity in the Brazilian Amazon. The tool will report on impacts of sustainable, integrated territorial development and other private sector investment strategies by integrating remote sensing technologies with field registration methodologies and species mapping. ($700,000 from USAID Brazil, 2020-2025)• Crop commodity inventory. PI on a multi agency team to conduct a sample-based inventory of crop commodities cultivated in previously forested landscapes in seven Southeast Asian countries. We assessed the distribution of the main commodities that have replaced formerly forested lands, inventoried agroforestry practices, and estimated carbon emissions associated with these activities using visual photo-interpretation methods. ($137,000 from Regional Development Mission for Asia, 2019-2020)• Change of Use and Cover Monitoring Tool. co-I and technical lead/project manager on the development of a cloud based, integrated land cover mapping and inventory tool with REDD+ Project, Ministry of the Environment Ecuador. There are two automated chains of implementation: an optical and synthetic aperture radar image time series preprocessing workflow and an image classification and change detection algorithm. ($590,200 funds from KFW, 2019)• Collect Earth Online Development. co-I on a custom built, open-source, high resolution satellite image viewing and interpretation system that is being developed by SERVIR-Mekong, FAO, and US Forest Service as a tool for use in projects that require land cover and/or land use reference data. ($163,500 funds from SilvaCarbon, 2016-present; $140,000 from FAO, 2019-present; $45,000 from NASA; $6,100 WRI, 2020)• Land Cover Monitoring System and Data Portal. co-I on the development of a collection of customizable land cover monitoring tools built in a cloud computing environment (Google Earth Engine) to deliver high quality land cover and land cover change information products from mid-1980s to today. (SERVIR Mekong and SERVIR Amazonia, 2015-present) 82 35AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. Additional Options Ayres understands that the City of Bozeman is asking for cost-effective datasets, which we have responded to on the preceding pages. Ayres works with many municipalities on similar projects and has found several products that help increase the return on investment for these projects. We are excited to recommend several options to the City to help increase the value of your project. Project Enhancements: • 3-band RGB (ture color) MrSID format orthomosiac• 3-band CIR (color infra-red) MrSID format orthomosiac• Stereo Compiled Building Footprints• Tree Canopy Polygons J) ADDITIONAL INFORMATION 83 36AYRES | LAND COVER DATASET AND TURF LAYER | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. K) NONDISCRIMINATION & EQUAL PAY Attachment 1 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Ayres Associates Inc (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts. In addition, Ayres Associates Inc (name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent "best practices publication and has read the material. HR Director Name and title of person authorized to sign on behalf of submitter 84 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Division Manager, Development Review Division Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Continue the Public Meeting to Consider the South Range Crossing Major Subdivision Preliminary Plat Application to the August 1, 2023 Meeting MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:I move to continue the public meeting to consider the South Range Crossing Major Subdivision Preliminary Plat application, No. 22390, to the August 1, 2023 Commission meeting. 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 proposed subdivision would divide the 38.4-acre vacant property, located at the southeast corner of West Graf Street and South 19th Avenue, into 97 lots for commercial and residential development with associated parkland, open space and parking. The public meeting before the City Commission was noticed for July 18th but, due to scheduling conflicts, is recommended to be considered at the August 1, 2023 meeting. The full application and file of record can be viewed digitally at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=270066&cr=1 UNRESOLVED ISSUES:None. ALTERNATIVES:None suggested. FISCAL EFFECTS: Fiscal impacts are undetermined at this time but would include increased property tax from new development along with increased costs to provide municipal services to those developments. No unusual fiscal impacts have 85 been identified. No presently budgeted funds would be changed by this subdivision. Report compiled on: June 21, 2023 86 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2132, Provisional Adoption of Alcoholic Beverages and Sales Text Amendment, Application 23064 MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23064 and move to provisionally adopt Ordinance 2132. 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:In conformance with the Montana Alcoholic Beverage Code, The City has regulated the allowance of alcoholic licenses and alcohol sales for on- premises consumption for decades. Section 16-3-306(1), Montana Code Annotated (MCA) denotes that retail licenses for alcohol are not permitted to any business or enterprises whose premises are within 600 feet as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. As denoted in 16-3-306(4), this separation distance requirement does not apply if the applicable jurisdiction of a local government has supplanted said provisions as authorized in 16-3-309, MCA. The City previously adopted provisions to supplant this separation distance requirement through Sections 04.02.020.B and 38.360.060.B of the Bozeman Municipal Code. These standards exempt temporary events using a state issued catering endorsement license or special permit, restaurants with a state issued beer and wine license, and restaurants located within the B-2M and B-3 zoning districts with a state issued beer license with wine amendment. Based on public requests, the City Manager directed City staff to review the existing regulations to consider an exemption for all applicable 87 state issued alcohol license holders from the separation distance rule in order to foster further opportunities for redevelopment, economic development, and tourism within Bozeman. As drafted, Ordinance 2132 (Attachment 1) revises the regulations in Chapters 4 and 38 of the BMC to authorize properties within commercial, mixed use, and industrial zoning districts to operate within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school to sell alcohol for on-premises consumption without requiring the sale of individually price meals, having an on-premises dining room and kitchen, and regularly serving an evening meal. Additionally, the proposed revisions include administrative changes, such as removing the requirement for applications to be notarized. For more details, please see the attached staff report. UNRESOLVED ISSUES:None. ALTERNATIVES:1. Ordinance not be approved based on findings of non- compliance with the applicable criteria contained within the staff report; 2. Amendments prior to adoption; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. FISCAL EFFECTS:None at this time related to this Amendment. Attachments: Attachment 1 - Ordinance 2132.pdf 23064 CC Staff Report - Liquor Licensing Amendment.pdf Attachment 2 - Map Series related to Ordinance 2132.pdf Report compiled on: July 11, 2023 88 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 1 of 6 ORDINANCE 2132 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTERS 4 AND 38 OF THE BOZEMAN MUNICIPAL CODE TO AUTHORIZE THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION IN COMMERCIAL, MIXED USE, AND INDUSTRIAL ZONED PROPERTIES TO OPERATE WITHIN 600 FEET OF AND ON THE SAME STREET AS A BUILDING USED EXCLUSIVELY AS A CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP OR AS A SCHOOL, MAKE ADMINISTRATIVE CHANGES, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 23064. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby relying upon its self-government powers recognizing pursuant to Montana law such self- government powers must be liberally construed in favor of such power; and WHEREAS, section 16-3-306(4), MCA recognizes the City’s authority to supplant the provisions of 16-3-306(1) regarding state law distance limitations from certain uses for the location of state issued retail alcohol licenses; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission held a public hearing on June 26, 2023 to receive and review all written and oral testimony on the proposed amendments. WHEREAS, the Community Development Board in their capacity as Bozeman Zoning Commission recommended to the Bozeman City Commission that Ordinance 2132, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on July 18, 2023, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are in compliance with the criteria; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 89 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 2 of 6 Section 1 That Section 4.02.020 – License; exceptions, Bozeman Municipal Code shall be amended as follows: A. The sale of alcoholic beverages is permitted only in districts authorized in chapter 38 of this code to allow such sales. B. The limitations set forth in MCA 16-3-306(1) do not apply to: 1. Restaurants, as defined in chapter 38, The sales of alcohol for on-premises consumption located within a commercial, mixed use, or industrial zoning district serving alcohol pursuant to a state issued restaurant beer and wine alcohol retail license as defined in the Montana Alcoholic Beverage Code; 2. Temporary events such as fairs, weddings, or sporting events serving alcohol using a catering endorsement regardless of the type of state issued on premises retail license as defined in the Montana Alcoholic Beverage Code. 3. Restaurants, as defined in chapter 38, located within the B-2M and B-3 zoning districts serving alcohol pursuant to a state issued beer with wine amendment retail alcohol license as defined in the Montana Alcoholic Beverage Code. Restaurants serving alcohol pursuant to this subsection must comply with 38.360.060. C. Nothing in this article shall be construed to allow a business license for the sale of alcohol to be unilaterally approved and all must apply for and receive such land use approvals as set forth in chapter 38. Section 2 That Section 4.02.030 – City license required; application; license fees, Bozeman Municipal Code shall be amended as follows: A. No person shall manufacture or sell alcohol in the city, under the provisions of the Montana Alcoholic Beverage Code, or at all, without first procuring a license to do so from the city. Application for a city license shall be made to the city manager on a form to be provided by the city treasurer. Separate licenses shall be required for the sale of beer and for the sale of wine. The application will be signed by the applicant, notarized, include the license fee and contain, at a minimum, the following information: 1. Applicant's name, age, and address, phone number, and email address; 2. The business' name and address or, in the case of a transfer or relocation, the address of the proposed new location; 3. The type of alcohol beverage license either applied for or granted by the state, the date it was granted and expiration date; 4. A short statement of the applicant's purpose for obtaining the license; 90 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 3 of 6 4. A short explanation for the applicant's benefit explaining the city's authority to revoke or suspend the business license in response to a similar action by the state. B. The application shall be filed with the city treasurer and presented for the consideration of the city manager. The city manager may use discretion to postpone any action for investigation or other good cause. C. If the application is rejected, the reasons must be noted on the application, the applicant notified, and the tendered fee returned. D. License fees must be payable in advance and shall accompany the application therefor, whether original or renewal. All licenses under this article will expire at 12:00 midnight of December 31, in the year for which such license is issued. In the event that a license is granted after June 30 of any year, the license fee will be one-half of the entire yearly license. E. If the entire yearly license fee has been paid in advance and the business under the license is discontinued before July 1 in the year in which such license is granted, the city treasurer will refund one-half of the yearly license fee upon surrender of the license. Section 3 That Section 4.02.050 – Special permits – When granted, Bozeman Municipal Code shall be amended as follows: A. The city manager, with discretion and upon application, may grant a special permit to sell alcohol beer or wine for consumption on the premises to the following: 1. Any association or corporation conducting a picnic, convention, fair, civic or community enterprise or sporting event within the city limits; 2. A nonprofit arts organization, organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or attendance by the general public, to be served at an exhibition, production, performance or program for on-premises consumption; and 3. Any other organization or for any other reason the city manager, with discretion, determines should be allowed to serve or sell alcohol during a function. B. The application for a special permit shall be granted only upon the organization acquiring a special permit from the state as provided in the Montana Alcoholic Beverage Code. The applicant must specify the location and nature of the event and the period it is scheduled to be held. All applications will be signed by one or more of the association's officers, will be notarized and will be accompanied by the amount of the permit fee. The permit issued under this section will not authorize the sale of alcohol beer or wine for a longer period than one day before the event is scheduled to begin and one day after the event has been concluded. Section 4 91 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 4 of 6 That Section 4.03.030 – Same – Application; form, contents and filing, Bozeman Municipal Code shall be amended as follows: A. Applications for license under the provisions of this article shall be in writing, and signed and sworn to by the applicant before a person authorized to administer oaths. B. The application for license shall be on a form adopted by the city manager. Section 5 That Section 38.360.060 – Alcohol sales for on-premises consumption, Bozeman Municipal Code shall be amended as follows: A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto retail fuel is permitted. B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to: 1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant serves alcohol on premises only pursuant to a state issued restaurant beer and wine license or to a person operating a temporary event using a catering endorsement; or 2. Restaurants located within the B-2M and B-3 the sales of alcohol for on-premises consumption zoning districts if the restaurant serves alcohol on premise only pursuant to a state issued alcohol retail beer license with wine amendment as long as such restaurant establishment complies with the following requirements and provides the city an annual certification with its business license application of such compliance: a. All alcohol is sold for on premises consumption only; b. The restaurant must have individually priced meals prepared and served for on- site dining; c. Must have a dining room, kitchen and necessary employees for preparing food on the premises; d. The restaurant must serves an evening meal at least four days a week for at least two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m. and 11:00 p.m.; e. Gambling or gaming is prohibited; f. Alcohol must be stored on premises; and g. Must prevent self-service of alcohol. C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: 92 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 5 of 6 1. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or 2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Section 6 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7 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 provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 9 Codification. The provisions of Section 1-5 shall be codified as appropriate in the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. 93 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 6 of 6 Section 10 Effective Date. This ordinance shall be in full force and effect on August 31st, 2023. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of July, 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 _______________ day of ________, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 94 Page 1 of 14 23064 Staff Report for the Alcoholic Beverages and Sales Text Amendment, Ordinance 2132 Public Hearings: Community Development – June 26, 2023 City Commission – July 18, 2023 Project Description: Amend Section 4.02.020. License; exceptions, and Section 38.360.060. Alcohol sales for on-premises consumption to exempt all properties from the requirements of MCA 16-3-306(1). Project Location: Revision to the text is applicable City-wide. Recommendation: Meets applicable criteria. Community Development Board Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23064 and move to recommend approval of Ordinance 2132. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23064, and move to provisionally adopt Ordinance 2132. Report: July 11, 2023 Staff Contact: Nakeisha Lyon, Associate Planner Agenda Item Type: Action – Legislative 95 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 2 of 14 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Project Summary ................................................................................................................. 2 Unresolved Issues ............................................................................................................... 3 Strategic Plan Implementation ............................................................................................ 3 Public Comment.................................................................................................................. 3 Community Development Board ........................................................................................ 4 Alternatives ......................................................................................................................... 4 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4 Section 76-2-304, MCA Zoning Regulations Criteria (A-K) ............................................. 5 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 11 APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 12 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13 FISCAL EFFECTS ................................................................................................................. 14 ATTACHMENTS ................................................................................................................... 14 EXECUTIVE SUMMARY This report is based on the proposed ordinance text and public comment received to date. Project Summary The City periodically reviews its regulations to identify processes and standards which are no longer necessary or a good fit for community needs. From time to time, Bozeman constituents may bring forth to the attention of the City certain issues and provisions for consideration. The City Manager has received requests from local business owners to review the City’s exemption from the State of Montana’s restriction regarding licensing of alcohol sales for on-premises consumption within 600 feet of a school or church. Per Sec. 16-3- 306(4), MCA, a local government is authorized to supplant the 600-foot rule. The City of Bozeman has previously adopted provisions within Sec. 04.02.020.B and Sec. 38.360.060.B, BMC to exempt temporary events using a state issued catering endorsement license or special permit, restaurants with a state issued beer and wine license, and restaurants located 96 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 3 of 14 within the B-2M and B-3 zoning districts with a state issued beer license with wine amendment. Based on the public requests to review the existing exemption process, The City Manager has directed City staff to review the existing regulations, and begin an amendment process that would consider alterations to the exemption standards which would foster further opportunities for redevelopment, economic development, and support tourism within Bozeman. City staff has studied the issue, inquired about the alcohol licensing process with the State of Montana, and analyzed through Geographical Information System (GIS) the locations in which would be impacted by the following proposed amendment. As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state issued alcohol license holders to qualify for the local 600-foot rule exemption through the appropriate permitting process if located within a commercial, mixed use, and industrial zoning district. In addition, businesses operating on subject properties which qualify for the exemption must meet and continue to meet the standards associated with their license as administered by the State as well as additional criteria which includes the prohibition of gambling or gaming, and conditions that may be associated with the appropriate permitting process. Unresolved Issues None Strategic Plan Implementation 2.1 Business Growth - Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. 4.4 Vibrant Downtown, Districts & Centers - Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. 7.3 Best Practices, Creativity & Foresight - Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. Public Comment Written public comment will be archived and available through the project folder in the City’s Laserfiche archive. Comments provided orally at public meetings will be available through the recordings of those public meetings. Links to recordings will be added to this report as the review of the project moves forward. No comment received to date. 97 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 4 of 14 Community Development Board The Community Development Board (CDB) met on June 26, 2023 to consider the proposed amendments. The video recording of the meeting is available through the City’s website. Discussion of the amendment begins at 8:38 in the recording. Questions to staff and board discussion begin at about 17:59. No public comments were received. The Board voted 6-0 to recommend approval of the ordinance as written. Discussion and concerns of the CDB included: 1. Overall support for Ordinance 2132. 2. Concerns regarding changing circumstances related to the special use permit process (See additional information on page 8). Alternatives 1. Recommend ordinance not be approved based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Recommend amendments prior to adoption; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff finds the amendments meet the minimum criteria for approval as proposed. The Community Development Board in their capacity as the Zoning Commission held a public hearing on these amendments on June 26, 2023, at 6 pm. The board recommended the amendment be adopted. The City Commission will hold a public hearing on the text amendment on July 18, 2023, at 6:00 p.m. and decide whether the amendments should occur or not. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for amendment approval under this title, the advisory boards and City Commission must consider the following criteria (A-D) and guidelines (E-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, 98 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 5 of 14 water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also evaluate guidelines E-K as factors for consideration, and may find the zone text amendment to be positive, neutral, or negative with regards to these considerations. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for guidelines E-K. In determining whether these criteria and guidelines are met, Staff considers the entire body of plans and regulations for land use and development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The existing municipal code provisions regulating alcohol licensing and the sale of alcohol for on-premises consumption were, at the time of adoption, found to satisfy all of the required criteria. As such, the focus of this report is only on the amendments proposed. Where a finding of neutral is presented, it means that the criteria or guideline has been considered and the change does not materially advance or detract from compliance. Therefore, a finding of neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA Zoning Regulations Criteria (A-K) Zoning regulations must be: A. Be in accordance with a growth policy. Yes, criterion is met. The proposed amendments are in conformance with the growth policy. As the growth policy provides a high level vision of how a community hopes to develop over time, it does not dictate uses or specific standards to the level of detail contained in this ordinance. However, it does identify issues and priorities for consideration with specific goals and objectives that are desired outcomes. In determining appropriateness of a particular zoning ordinance, the Commission must find a balance that best advances the interests of the community without prioritizing one goal or objective over another which could lead to the detriment of the remainder of the goals and objectives of the Bozeman Community Plan. Bozeman adopted a new growth policy in November 2020. The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the City’s policies for land development. It continues concepts and community priorities that were established in several prior growth policies. Prior growth policies encouraged creation of development standards that supported predictable review processes and addressed areas of community concerns. The BCP2020 includes the following relevant goals and objectives: R-1.1 Be reflective: use past experience to inform future decisions. 99 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 6 of 14 R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. The Economic Development Strategy (2023) is an issue plan addressing matters of employment and job creation and establishes a solid approach for economic development centered on various strategies. This ordinance supports the following strategies and goals of said plan: 2. Support a Diverse Economy: Economic vitality for individuals requires a resilient economy that can withstand economic shocks as witnessed during the pandemic. A resilient economy is diverse in business size as well as industry types. Various businesses provide diverse services and products and enable innovation of new products. Larger traded sector companies offer individuals careers with stability and benefits and an employment base to support local sector companies. Meanwhile, local sector companies can serve as a gateway for underrepresented people to build a business and wealth. 3.3. Develop a sustainable city: Government does not create jobs; it creates a great environment to attract and retain businesses that create jobs. Companies are seeking to invest in sustainable and resilient communities that provide a good return on investment. The City of Bozeman should continue to build innovative infrastructure to develop sustainably and provide certainty to investors. The city can foster a culture of resilience and efficiency to help bounce back from environmental impacts (e.g., wildfires, limited water supply). Commercial, mixed-use, and industrial zoning districts are destinations for food, social activity, and culture that are often associated with the consumption of alcohol within the City of Bozeman. Many of the existing examples of schools or places of worship proximate to the sale of alcohol for on-premises consumption are due to non-conforming situations within our community as allowed based on exemptions through State law and City regulations given the age of an establishment and/or its association to other uses. Given these circumstances, the City, in accordance with goal R-1.1. is reflective on the existing conditions within our community to use these past decisions to inform how we regulate the sale of alcohol for on- premises consumption. As the existing regulations have allowed exemptions for the sale of alcohol for on-premises consumption associated with restaurants with specific State issued license types and temporary events within the 600 foot separation distance, it’s important for the City to be flexible in responding to the changing circumstances that come with this use per goal R-1.7. 100 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 7 of 14 Many of the subject properties impacted by this change are constrained based on existing conditions, were previously exempt, or this rule was not applicable by not meeting the entirety of Administrative Rule 42-12-129. In accordance with goal DCD-3.5, the allowance of the sale of alcohol for on-premises consumption within the 600 foot separation distance supports the opportunity to increase development intensity within these established areas such as Downtown, Midtown, and other locations within the City and in commercial centers. These amendments also support the goals and objectives outlined in the Bozeman Economic Development Strategy per EE-1.1. Goal 3 of this plan focuses on creating a resilient and diverse economy through variety in business size and industry types. The food sector and service industries, which are associated with the sales of alcohol for on-premises consumption, were impacted by the pandemic causing alcohol licensing executed at the State level to slow down. Many establishments had to adapt by providing more innovation and diverse services (drinks to-go, sale of alcohol for off-premises consumption, in-room beverages within hotels/motels, etc). Upon coming out of the pandemic, prices for alcohol licenses have surged within the State and are now starting to lower. The additional allowance of the sales of alcohol for on-premises consumption has potential impacts on the creation of new businesses within the Gallatin Valley or a new avenue of revenue generation existing businesses can explore. These opportunities may provide individuals with careers and employment opportunities not otherwise available. This also supports goal 3.3 regarding how the government can provide a great environment that attracts and retains businesses that create jobs. Finally, the level of detail associated with the text amendment is beyond the specificity found and intended in the Community Plan. No element of the proposed ordinance affects the future land use map as the process amendments do not change zoning district boundaries. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Yes, criterion is met. All other applicable development standards and building code standards for fire resistance, exiting, and other protections remain in place and will apply to utilize this special exemption to establish or provide the ability to consumption alcoholic beverages on a given property. Building and fire standards and codes are designed to mitigate impacts, provide a safe environment, and protect from various dangers. The City has extensive experience with these standards and monitors and amends standards as needed. Review of individual applications through special use permits, site plan, subdivision, or other reviews will provide an opportunity to check for functionality accordingly as well as include additional conditions to prevent fires and other dangers. 101 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 8 of 14 C. Promote public health, public safety, and general welfare. Yes, criterion is met. The existing standards addressing this criterion remain in place such as floodplain protections, provision of water and sewer services, and similar. Standards remain for setbacks, light and air, emergency services, and other issues to protect public health and physical safety. Specific standards are proposed designed to mitigate negative outcomes of allowing all properties within the separation distance to utilize such exemption. Special use permits are required for review in all of the commercial, mixed-use, and industrial zoning districts in which the use of alcohol sales for on-premises consumption are permitted. In addition, annual business licenses are required as with all business operating in the City limits. Discussion by the Board on this text amendment at the CDB hearing expressed concerns on the ability to reevaluate special use permits or conditional use permits previously granted. One board member expressed concerns with on-going monitoring of changing circumstances or conditions that may be associated with the previously approved permit process with the City. The City is able to revoke or terminate a special use or conditional use permit per Sec. 38.230.1 of the BMC. As the special or conditional use was granted upon the local circumstances and regulatory requirements at that time, the City acknowledges that these may change and the use may no longer be appropriate to a location. A special use permit will be considered as terminated and of no further effect if: after commencement, the approved use is not actively conducted on the site for a period of two continuous calendar years, final zoning approval to reuse the property for another use is granted, or the use or development of the site has not begun within the time limits of the final plan approval in Sec. 38.230.140. Additionally, the City has an annual permitting process for alcohol licenses within our jurisdiction in addition to the licensing required by the State. The State licenses must be renewed on an annual basis with the State actively monitoring these locations in order to suspend, terminate, or revoke alcohol licenses accordingly if the establishment is in violation of the provisions of the Montana Alcoholic Beverage Code. Chapter 4, Alcoholic Beverages, of the Bozeman Municipal Code includes other provisions that are not modified by this text amendment detailing the City’s alcohol policies to ensure a safe and healthy environment for its residence. This includes provisions regarding the prohibition of public drinking and open containers unless an exception or waiver is issued accordingly by the City of Bozeman. In addition to the open container provision, existing Section 4.04.010.A & B. denotes that the supply and sale, possession, and consumption of alcohol by persons leads to significant problems and hazards if consumption of alcoholic beverages occurs in an irresponsible manner, especially by minors. These behaviors have negative and detrimental impacts on the community. They are considered a nuisance which may disturb public health, public safety and the general welfare of Bozeman residents. Section 4.04.010.C. states the intent of the 102 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 9 of 14 City Commission to address those areas related to alcohol access, consumption and usage which are not otherwise addressed by the current law in the State. Violations specifically addressed by state law include the Endangering Welfare of Children (MCA 45-5-622), Unlawful Transactions with Children (MCA 45-5-623), Unlawful Attempt to Purchase or Possession of Intoxicating Substance (MCA 45-5-624), Driving under the Influence of Alcohol or Drugs or Operation with Alcohol Concentration of .08 or More (MCA 61-8-401 and 61-8-406), and Operation of Vehicle by Person under Twenty-One with Alcohol Concentration of .02 or More (MCA 61-8-410) . These are enforced within the city under those laws in addition to Disorderly Conduct and Public Nuisance (MCA 45-8-101 and 45-8-111) which are addressed by state code. The City also has adopted noise ordinances to ensure adequate public safety and a healthy environment. Applicable noise standards are in Chapter 16, article 6, as applicable. See also responses to Criteria B and D. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes, criterion is met. Standards for the provision of municipal transportation, water, sewerage, schools, parks, and other public requirements are not being altered. Any proposed businesses falling under this use classification will be required to meet all other applicable standards for transportation, water and sewer utilities. Applicable planning applications and building permitting processes that may be required if this use classification is proposed are required to demonstrate adequate services to meet this criterion. The use of alcohol for on- premises consumption is a special use within zoning districts. Therefore, a special use permit must be reviewed and approved by the City of Bozeman’s Community Development Department and other applicable departments prior to the use occurring on the subject property. Applicable conditions as deemed necessary by the review authority to mitigate negative impacts may be associated with the special use permit in order to address this criterion. The city shall also consider: E. Reasonable provision of adequate light and air. Yes, criterion is met. No changes within these amendments impact basic standards for setbacks, maximum building height, dedication of parks, on-site open spaces, or similar standards are included. Building designs and locations may vary based on site specific needs and layouts. The City’s commercial, mixed-use, and industrial development standards ensure adequate provisions of light and air. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. F. The effect on motorized and non-motorized transportation systems. 103 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 10 of 14 Yes, criterion is met. No changes within these amendments impact basic standards for dedication of right of way, provision of and construction of streets, or similar standards are included. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. G. Promotion of compatible urban growth. Yes, criterion is met. These amendments support continued compatible urban growth within the City by providing further urban development standards. Many different configurations of uses and buildings can coexist well. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. The City retains the ability to establish conditions to further mitigate negative impacts identified during the site plan, special use permit, and subdivision processes. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. H. Character of the district. Yes, criterion is met. All zoning districts provide for a variety of principal, accessory, and special uses. Those uses vary by district. The uses range in intensity and likely size. No single use defines the entirety of any zoning district. Sales of alcohol for on-premises consumption is a permitted use in B-1, B-2, B-2M, B-3, UMU, REMU, NEHMU, M-1, and M-2 through a special use permit. This amendment to allow properties within this 600 foot separation distance supports the continued evolution of each of these districts and promotes infill revitalization, economic development, and business growth. Existing exemptions to MCA 16-3-306 (1) have been previously adopted in Chapter 4 and Chapter 38. The amended reporting and enforcement measures will enable better compliance with city requirements and will serve to support the maintenance of the character of each zoning district. The combination of uses and other characteristics remain intact and were previously found to be consistent with this criterion. Therefore, the standard continues to be met. I. Peculiar suitability for particular uses. Yes, criterion is met. The proposed amendments allow properties within this 600 foot separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or uses. No changes to the zoning boundaries are proposed with these amendments. The City has adopted a range of zoning districts to address different needs. The zoning districts are amended from time to time as needs of the City and its residents change. Many different configurations of uses and buildings can coexist well. The City’s growth policy and allowed land uses per zoning district encourage mixed uses. The location of zoning districts has previously been found to be appropriate. The authorized use tables have been previously reviewed for consistency with the intent and purpose of individual districts and found to be appropriate. This proposal amends the text only and not the zoning map. The combination of 104 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 11 of 14 uses and other characteristics remain intact and were previously found to be consistent with this criterion. Therefore, this criterion remains met. J. Conserving the value of buildings. Yes, criterion is met. The proposed amendments allow properties within this 600 foot separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or uses in which would cause buildings to become non-conforming to the district in which they are located. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes, criterion is met. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. The proposed amendments do not alter the allowed uses in zones nor does it change review processes. Site specific review for compliance with standards prior for construction will continue to be required. This amendment is consistent with the growth policy including the future land use map, see Criterion A. Therefore, the criterion is met. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. As of the writing of this report, no written protest against the changes have been received. 105 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 12 of 14 APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION In conformance with the Montana Alcoholic Beverage Code, The City has regulated the allowance of alcoholic licenses and alcohol sales for on-premises consumption for decades. Based on 16-3-306 (1), Montana Code Annotated (MCA), retail licenses for alcohol are not permitted to any business or enterprises whose premises are within 600 feet as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. Sec. 42.12.129, Administrative Rules of Montana (ARM) provides a three-part test for the determination of proximity to a place of worship or school. If the above mentioned test is not met in its entirety, the provisions of 16- 3-306, MCA do not apply. Several existing establishments permitted for the sale of alcohol for on-premises consumption have not met the entirety of the three-part test and exist in harmony near a school or place of worship. Additionally, as denoted in 16-3-306 (4), MCA, this separation distance requirement does not apply if the applicable jurisdiction of a local government has supplanted said provisions as authorized in 16-3-309, MCA. The City has previously adopted provisions within Sec. 04.02.020.B and Sec. 38.360.060.B, BMC to exempt the following uses from the limitations of 16-3-306 (1): • Restaurants serving alcohol under a stated issued beer and wine retail alcohol license • Temporary events such as fairs, weddings, or sporting events serving alcohol using a catering endorsement • Restaurants located in B-2M and B-3 serving alcohol under a beer with wine amendment retail alcohol license The City Manager has directed City staff to prepare the text amendment described in this staff report and attached as Ordinance No. 2132 to provide for an exemption to the State’s distance rule for all license types. This is in an effort to support the hospitality, food and service industries, and allow for further opportunities for business growth while continuing to require compliance with adopted standards necessary to protect the public, general welfare, and safety. The sales of alcohol for on-premises consumption is a permitted use in B-1, B-2, B-2M, B-3, UMU, REMU, NEHMU, M-1, and M-2 through a special use permit. The special use permit provides an opportunity for public comment and for the City to associate conditions unique to an individual project to address areas of concern identified during the review process. The continuation of this development process allows for the appropriate consideration in addressing potential adverse impacts that may be site specific to certain locations within these areas. 106 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 13 of 14 City staff has studied the issue, inquired about the alcohol licensing process with the State of Montana, and analyzed through Geographical Information System (GIS) tools the appropriate locations to be impacted by these amendments. The State has numerous license types, however, three pertain specifically to the sale of alcohol for on-premises consumptions within our jurisdiction; City All-Beverages, Beer and Wine, and Restaurant Beer and Wine. The City currently has 91 active alcohol licenses for the sale of alcohol for on-premises consumption. Representatives from the State Department of Revenue, the agency assigned to regulate the sale of alcohol, estimate that there may be only a few additional alcohol licenses issued per year for the Bozeman area. Based on these amendments, 161 parcels would qualify for this exemption. Attachment 2, Map Series, includes illustrations showing the location of current active alcohol license holders, impacted parcels, and two subject location exhibits for Bozeman High School or Hawthorne Elementary School to provide a closer view on existing conditions, limitations, and opportunities within these areas. As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state issued alcohol license holders to qualify for the local 600-foot rule exemption through the appropriate permitting process if located within a commercial, mixed use, and industrial zoning district. In addition, businesses operating on subject properties which qualify for the exemption must meet and continue to meet the standards associated with their license as administered by the State as well as additional criteria which includes the prohibition of gambling or gaming, and conditions that may be associated with the appropriate special use permitting process. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 6/10/2023, 6/24/2023, and 07/15/2023. These notices contain all required elements. Notice was provided at least 15 days before the public hearing conducted by the Community Development Board in their capacity as the Zoning Commission, and not more than 45 days prior to the City Commission public hearing. Hearing dates are on the first page of this report. No written or oral public comments have been received so far on this Ordinance. Comments are available through the Laserfiche archive. If comments are received they will be placed in the project folder in Laserfiche. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman, MT 59771 107 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 14 of 14 Report By: Nakeisha Lyon, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Attachment 1: Draft Ordinance 2132 Attachment 2: Map Series 108 Number of Active or Conditional on Premises Alcohol Licenses Alcohol License Places of Worship Private Schools Public Schools 600' Linear Buffer Place of Worship Private Public 0 21Miles ¯ Beer / Wine: 47 All Beverage: 44 This map was created on 6/15/2023 by the City of Bozeman GIS Department and is intended for planning purposes only. Ordinance 2132 Alcohol Exemption Separation (ZTA) 109 161 Affected Parcels Affected Parcels Places of Worship Private Schools Public Schools 600' Linear Buffer Place of Worship Private Public 0 21Miles ¯ This map was created on 6/15/2023 by the City of Bozeman GIS Department and is intended for planning purposes only. Ordinance 2132 Alcohol Exemption Separation (ZTA) 110 R-O R-1 R-4 R-3 R-3 R-4 R-O R-5 PLI R-4 R-2 R-O R-3 R-4 B-2 B-2M R-4 Bozeman High School Exhibit Alcohol License Affected Parcels Zoning Places of Worship Public Schools 600' Linear Buffer Place of Worship Public 0 1,000500Feet This map was created on 5/23/2023 by the City of Bozeman GIS Department and is intended for planning purposes only. Ordinance 2132 Alcohol Exemption Separation (ZTA) 111 M-1 R-2R-3 B-3 Hawthorne Elementary School Exhibit Alcohol License Affected Parcels Zoning Public Schools 600' Linear Buffer Public 0 500250Feet This map was created on 5/23/2023 by the City of Bozeman GIS Department and is intended for planning purposes only. Ordinance 2132 Alcohol Exemption Separation (ZTA) 112 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Resolution 5496, Calling for Election for General Obligation Bonds and Mill Levies for the Bozeman Community Center MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5496, calling for election for general obligation bonds and mill levies for the Bozeman Community Center. STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Introduction The proposed Bozeman Community Center will serve as an inclusive shared facility for aquatics, recreation, and branch library services providing intergenerational recreation and education opportunities, adult and youth programming, and a holistic approach to wellness to support a fast-growing community. Extensive planning and outreach demonstrate a significant need for promoting public health by creating spaces accessible to all ages and abilities with benefits well documented by the National Recreation and Park Association, the American Red Cross, and the American Library Association. Additionally, current City facilities are inadequate to provide for needs throughout the community as population has almost tripled since constructing the Swim Center in 1974 (292% from 1970 to 2022), with 1,083 kids currently on the wait list for swim lessons (as of 7/10/23). Public Engagement A wide range of public engagement conducted over the past six months is intended to shape the overall design and programming to reflect needs of the community. Significant input was received trough an Open House, a Virtual Town Hall, and a Concept Design Presentation, in addition to Commission Work Sessions focused on guiding principles and elements included in the design. Strong support for recreational swimming, including lap swimming and swim 113 lessons for youth, are captured in survey results, in addition to the desire for entry-level fitness programming such as yoga and weight/cardio training, as well as indoor climbing, basketball, and pickleball. Needed Library services described in the survey results include access to a variety of materials and quiet study areas, as well as life skills classes (e.g., personal finance, culinary arts, etc.) and maker space (e.g., workshop, fabrication, textiles, etc.). Additional areas of substantial input include the need for community event space and afterschool programming. Focused efforts have been made to engage with underserved communities, including Eagle Mount, Big Sky Youth Empowerment, and Hispanic / Latinx families to ensure an inclusive experience that will benefit the entire Bozeman community. More information regarding public engagement can be found on the City’s Engage Bozeman platform, where residents can sign up for regular updates. Concept Design The preferred concept design includes a full scope of services and programs designed to meet both current and future needs based on community input. While specific floorplans have not been completed at this early stage in the design process, area calculations have been developed to support cost estimates. Wherever possible, efforts have been made to align with the City’s Climate Plan to ensure a sustainable design, including considerations for efficient long-term operations. The proposed Bozeman Community Center includes aquatics amenities such as a leisure pool / indoor water park, a multi-purpose 25-yard pool, an outdoor splash pad and deck area, a special events / party room, and concessions within approximately 30,000 square feet. The recreation component will include a two-court wood floor gymnasium, multi-purpose recreation space, entry-level fitness elements such as cardio, free-weights, circuit machines, stretching areas, and an indoor climbing wall within roughly 28,000 square feet, in addition to outdoor pickleball courts. The aquatics and recreation areas will also include 5,000 square feet for family friendly locker rooms. The branch Library will include adult, teen, and children’s collections, maker space, a learning lab, a sensory room, a storytime room, and a garage for the bookmobile within approximately 21,000 square feet. Roughly 13,000 square feet of shared spaces for community events, café and lounge, and private meeting rooms will serve as a common hub between aquatics, recreation, and library areas, with an additional 7,000 square feet for building support services. 114 The proposed location lies on property currently owned by the Bozeman School District at the northeast corner of Durston and Cottonwood roads, immediately west of Meadowlark Elementary, providing mutual benefits for both the community and the District. The City and the District have entered into a Memorandum of Understanding (see attached), which establishes a collective understanding of the basis for a future formal agreement to purchase the land from BSD#7, contingent upon voter approval of the bond. The Library Board of Trustees unanimously endorsed the library portion of the concept design at their May 10, 2023 meeting, per authority provided under State statute. The attached materials provide a complete description of space allocations and draft renderings. Operating Levy An annual operating levy is necessary to run and maintain the facility, including staff, materials and supplies, utilities, and a capital reserve. Cost estimates for all components of the operating levy have been made through extensive study to include projected revenues to help recover costs. New and expanded program offerings will require staff support. Both aquatics and recreation will see a significant increase in the ability to provide a wider range of services to the community, including an increase in adaptive programming. Examples of new services that would be activated include a 25-yard pool, water walking/jogging, indoor climbing, and a 2-court gymnasium, as well as a sensory room, and a large community event space. Expanded programs include swimming lessons, lap and recreation swimming, user group rentals, full day and afterschool camps, sports leagues, pickleball, and adaptive sports. Additionally, there will be opportunities for shared roles and responsibilities between Divisions, such as intergenerational programming, wellness and healthy living classes, and public meeting and event space. Annual operating budgets for all Divisions are based on approved FY23 allocations and scaled accordingly based on expanded programming. Estimates for utilities and maintenance contracts are included in the overall cost estimate. Additionally, a capital maintenance reserve is included to ensure adequate funding for upkeep over the lifecycle of the building. The City contracted with Ballard*King & Associates, Ltd. to conduct a demographic/market study, and cost analysis for the aquatics and recreation portion of the project (see attached report). It is important to note that the proposed rate structure for admission and membership to the recreation center is based on the goal of the City to make this facility as accessible as 115 possible to the entire population, regardless of socio-economic status, with 50% subsidy for youth and seniors over the age of 55. The attached materials provide a full picture of all anticipated operating expenses. Bond & Levy Amounts Facility bond and operating levy estimates are based on all information used to develop a comprehensive understanding of costs. Total construction costs are estimated to be approximately $102,000,000. A $3,000,000 donation from the Bozeman Public Library Foundation approved by the City Commission on June 27, 2023 will be used to offset the total construction cost, resulting in a final ask of $99,000,000 to be listed on the ballot question submitted to voters. Thus, the facility bond will result in roughly $252/yr. for the median homeowner over a 20-year period. Annual operating expenses are estimated to be approximately $6,435,327 per year. Thus, the operating levy will result in roughly $213/yr. for the median homeowner. The total impact to the median homeowner is estimated to be approximately $465/yr. This figure assumes a 4.5% interest rate for an FY23 median home taxable value of $467,000. It is important to note median home taxable value represents assessments for tax purposes, which is typically lower than market value. The Library Board of Trustees unanimously endorsed the library portion of both the bond and levy amounts at their June 21, 2023 meeting, per authority provided under State statute. Ballot Resolution 5496 Montana law requires that the City Commission adopt a resolution placing the questions of selling bonds and adopting the operation levy on the ballot. The resolution before the Commission conforms with the requirements of Montana law to conduct an election by addressing subjects including the Commission’s authority, a description of the “project” (i.e., the Bozeman Community Center), and other issues such as that the sale of bonds will be within the City’s statutory debt limit, and that the City may reimburse itself out of the proceeds of the sale of bonds for expenditures made before the bonds are sold. The resolution also contains issues required by Montana law related to asking voters to approve the operational levy in perpetuity. The resolution contains the specific ballot language for both questions (Section 2). Section 3 address assumptions regarding the tax impact statements that must appear on both questions as required by Montana law. 116 Other sections of the resolution are procedural, including a statement on noticing the election, that the election will be conducted by mail ballot, and the specific form of the ballots. Resolution 5496 is similar in form to resolutions the Commission adopted to place the Bozeman Public Safety Center on the ballot in 2018 and for the park and recreation bonds from 2021. Next Steps Upon approval of Resolution 5496, a robust public education campaign will be conducted August through October in anticipation of the November election. Following a successful vote, design will occur in 2024, with construction beginning as early as 2025 and completed no later than 2027. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The facility bond will result in roughly $252/yr. for the median homeowner over a 20-year period. The operating levy will result in roughly $213/yr. for the median homeowner. The total impact to the median homeowner is estimated to be approximately $465/yr. This figure assumes a 4.5% interest rate for an FY23 median home taxable value of $467,000. It is anticipated that philanthropy will be considered to provide enhancements following the vote. Attachments: BSD#7 MOU.pdf Space Allocations.pdf Renderings.pdf Ballard King Report.pdf Facility Bond Budget Detail.pdf Operating Levy Budget Detail.pdf Mill Levy Calculation.pdf Resolution 5496.pdf Report compiled on: July 6, 2023 117 Memorandum of Understanding City of Bozeman and Bozeman School District #7 - Bozeman Development of the Bozeman Community Center The City of Bozeman (City), a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, and Bozeman School District #7 (BSD7) enter into this Memorandum of Understanding on this ___day of _____________, 2023 related to the development of a new City west-side library and recreation and aquatics center (Bozeman Community Center) on approximately 9 acres currently owned by BSD7 at the corner of Durston and Cottonwood roads. The purpose of this memorandum is to establish the parties’ current collective understanding of the basis for a future formal agreement between the City and BSD7 for the City to purchase the land from BSD7 for the City’s construction and occupation of the future Bozeman Community Center. The City’s current Capital Improvement Plan includes the construction of a new library branch, recreation and aquatics center in Bozeman’s west side in 2024. The City and BSD7 have discussed mutually beneficial aspects of constructing this project near Meadowlark Elementary and Gallatin High School. Currently, BSD7 does not have plans for the property and proceeds from the sale would benefit other District priorities. As such, the parties recognize the development of a new Bozeman Community Center on that property may be in their collective interest. The parties also understand City voters must approve the sale of general obligation bonds at the November 7, 2023 election for the City to proceed with purchase, development, and construction of the project. In addition, the parties understand that if the voters approve the sale of bonds to finance construction, the parties must then enter into a purchase and sale agreement at a price to be negotiated. The City will consult with BSD7 on the design of the site and building and needed infrastructure improvements. The parties further understand that the contemplated purchase transaction represents a disposal of BSD7 property. As such, it is subject to specific legal requirements that must be followed to ensure BSD7 and its constituents are fairly compensated for the asset. The parties understand it is in their best interest to continue to explore these and all other aspects of the development of a new City library, recreation and aquatics center on this property. Mayor, City of Bozeman Chair, Bozeman School District #7 DocuSign Envelope ID: 7E1A040C-06A9-4DF7-98C7-26FDC48C0EA7 May16th 118 Net Total 93,612 GSF Total 103,648 Description Quantity Area Net Area Circulation Factor Gross Area Notes 10,925 12,649 Lobby 4,260 17% 4,984 Entrance + Vestibule 1 1,000 1,000 Pre Control Lobby 1 450 400 Town Square / Lounge 1 2,500 2,500 Doubles as pre-function space for Community Room and seating for Café Control Desk 1 240 240 Vending 1 120 120 Café 800 15% 920 Counter 1 400 400 Kitchen 1 400 400 Public Meeting Spaces 3,580 15% 4,117 Community Room 1 2,500 2,500 250 people plus Chair Storage 1 400 400 Catering Kitchen 1 400 400 Storage 1 120 120 Storage 2 80 160 ` Shared Support 2,285 15% 2,628 Public Restrooms 2 360 720 Single Use Restrooms 6 64 384 Staff Restrooms 4 64 256 New Mothers Nursing Room 1 80 80 Break Room 1 300 300 Mail / Copy 2 80 160 Staff Lockers 1 180 180 BZN PD Touchdown / Resource Navig. 1 120 120 Friends of the Library Books sales 1 85 85 18,670 21,462 Library Entrance 1,240 15% 1,426 Customer Service 1 650 650 Staff Stations 1 65 65 only need one Seating Area 1 425 425 Sensory Room 1 100 100 adjacent to Café? Library Collections 11,600 16% 13,456 Adult Collections and Seating 1 5,000 5,000 Adult Service Desk 1 75 75 Teen Collection and Seating 1 1,500 1,500 Teen Service Desk 0 50 - Children's Collection and Seating 1 4,000 4,000 Children's Storytime Area 1 800 800 Children's Service Desk 1 75 75 Children's Storage 1 150 150 Library Meeting Rooms 2,420 15% 2,783 4 Person study Rooms 1 100 100 1 (of 2) moved to Shared 2 Person Study Rooms 2 60 120 (1) fit out as recording studio Flex / Meeting Room / Learning Lab 1 1,000 1,000 Flexible Room for Programming 30 Person Maker Space 1 1,000 1,000 Storage 1 200 200 Library Staff Spaces 2,160 15% 2,484 Staff Workstations 6 65 390 Private Offices 1 120 120 Sorter & Circulation Work Room 1 1,000 1,000 Prep Room 1 500 500 Staff Meeting Room 1 150 150 Book Mobile 1,250 5% 1,313 Book Mobile 1 1,250 1,250 50' x 25' - for vehicle + collections Bozeman Community Center BRANCH LIBRARY SHARED Working Program 7/10/2023 119 Net Total 93,612 GSF Total 103,648 Description Quantity Area Net Area Circulation Factor Gross Area Notes Bozeman Community Center Working Program 7/10/2023 25,754 27,609 Facility Administration Spaces 1,554 10%1,709 Facility Supervisor Office 1 180 180 Assistant Facility Supervisor 1 100 100 Program Workstations 6 80 480 Administrative Assistant 1 100 100 Counting Rooms 1 80 80 Work Room 1 140 140 Break Room 1 160 160 Staff Meeting Room 1 150 150 Server Room 1 100 100 Storage 1 64 64 Gymnasium 14,000 5% 14,700 Gymnasium 2 6,700 13,400 84x50 HS Basketball Storage 1 600 600 Fitness 4,950 10% 5,445 Cardio Training 1 2,000 2,000 Circuit Resistance Training 1 1,200 1,200 Free Weights Training 1 1,000 1,000 Fitness Supervisor Station 1 50 50 Stretching Area 1 500 500 Storage 1 200 200 Studios 4,850 10% 5,335 Aerobics / Dance Studio (15-20) 2 900 1,800 Multi-Purpose Space (rec. programming) 1 2,500 2,500 divisible teaching kitchen 1 250 250 opens to multi-purpose Storage 1 300 300 could be shared Climbing Wall 400 5% 420 Climbing Wall 1 350 350 Storage 1 50 50 28,413 30,078 Aquatics Support 768 10% 845 Guard Room 1 300 300 Aquatics Supervisor 1 100 100 Head Lifeguard Office 1 100 100 First Aid 1 140 140 Single Use Restrooms 2 64 128 Pool 24,505 5% 25,730 Leisure Pool / Water Park 1 7,500 7,500 Competition Pool 1 5,560 5,560 Deck Area 1 9,795 9,795 75%75% of water area 200 Person Spectator Seating (6 rows) 1 1,200 1,200 Concessions at Pool Deck 1 450 450 Pool Support 2,160 10% 2,376 Pool Equipment Room 1 1,600 1,600 Chemicals 2 80 160 Pool Storage 1 400 400 Public Meeting Spaces 980 15% 1,127 Wet Classroom / Party Room 1 900 900 Party Room Storage 1 80 80 RECREATIONAQUATICS120 Net Total 93,612 GSF Total 103,648 Description Quantity Area Net Area Circulation Factor Gross Area Notes Bozeman Community Center Working Program 7/10/2023 4,020 5,146 Lockers 4,020 28% 5,146 Men's Locker Room Lockers 125 6.5 813 12x18 two tier Showers 6 30 180 WC /Urinals 7 25 175 Grooming 10 20 200 Women's Locker Room Lockers 125 6.5 813 Showers 6 30 180 WC /Urinals 7 25 175 Grooming 10 20 200 Family | Non-Gendered Changing Rooms 8 120 960 Family | Non-Gendered Lockers 50 4.0 200 Day Use Lockers 50 2.5 125 18x18 four tier 5,830 6,705 Support Spaces 5,830 15% 6,705 MDF 1 250 250 Telecom Rooms 2 120 240 Main Electrical 1 600 600 Mechanical Rooms 1 2,000 2,000 Custodial Closets 3 80 240 Custodial Workroom / Supply 1 300 300 Water Entry 1 400 400 Loading Dock 1 300 300 Receiving 1 300 300 Maintenance Office 1 200 200 Snow Removal & Grounds Equipment Stor 1 400 400 General Building Storage 1 600 600 BUILDING AREA SUMMARY Net Gross Shared 10,925 12,649 Library 18,670 21,462 Recreation 25,754 27,609 Aquatics 28,413 30,078 Lockers 4,020 5,146 Building Support 5,830 6,705 Net Total 93,612 GSF Total 103,648 Outdoor Program - - Outdoor Aquatics Splash Pad 1 3,000 Deck 1 1,500 Pump room 1 1,000 Storage 1 200 Outdoor Misc. Support Library Book Drop close to drive + Book Mobile Driveway to Garage OUTDOOR PROGRAM TOTALS SUPPORT LOCKERS 121 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER LOCATION Meadowlark Elementary Annie St. Durston Rd.Cottonwood Rd.Flanders Mill Rd.VICINITY MAP Site I-90 19th ave.Main st. 122 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER Resilience Healthy, Adaptive & Efficient Buildings Responsible & Reliable Clean Energy Vibrant and Resilient Neighborhoods Diverse & Accessible Transportation Options Comprehensive & Sustainable Waste Reduction Regenerative Greenspace, Food systems & Natural Environment Resilience Healthy, Adaptive & Efficient Buildings Responsible & Reliable Clean Energy Vibrant and Resilient Neighborhoods Diverse & Accessible Transportation Options Comprehensive & Sustainable Waste Reduction Regenerative Greenspace, Food systems & Natural Environment Healthy, Adaptive & Efficient Buildings Responsible & Reliable Clean Vibrant and Resilient Neighborhoods Diverse & Accessible Transportation Options Comprehensive & Sustainable Waste Reduction Regenerative Greenspace, Food systems & Natural Environment Equity City AssetsHuman Health and Well-Being 123 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER GYM MULTI-PURPOSE ROOM YOUTH CAMPS COMMUNITY ROOMS PARTY ROOM BUILDING SUPPORT GYM STOR KITCHENETTE CATERING / TEACHING KITCHEN LOADING LIBRARY INDOOR WATER PARK MULTI-USE POOL GUARDS RESTROOMS POOL STORAGE CAFE TOWN CENTER SPLASH PAD CLIMBING WALLCONCESSIONSKITCHEN / STOR BOOK STORE SENSORY ROOM MOTHER’S NURSING LOUNGE STOR STORAGE REC. CHECK-INFITNESS CANYONFITNESS STAIRCIRULATION DESK BOOK MOBILE PREP RRCONF.office SORTER STORY TIME FORUM STAIR LEVEL 1 10’20’40’80’BZN COMMUNITY CENTER FORUM STAIRMULTI-USE POOL BELOW INDOOR WATER PARK BELOWFITNESS ‘ECOSYSTEM’REC LOUNGE BELOWGYM LIBRARY TOWN CENTER BELOW MAKER SPACE MEETING ROOM WALKING / JOGGING TRACK BUILDING SUPPORT BUILDING SUPPORT SHADE CANOPY BELOWSTORAGEREC. OFFICESMULTI-PURPOSE FITNESS SUTDIOSFUNCTIONAL FITNESS WEIGHTSCARDIOSTRETCH ADULT COLLECTION TEEN COLLECTION CLIMBING WALL LEVEL 2 FITNESS DESK STORAGE STORAGE FITNESS TERRACE LIBRARY BALCONYBALCONYRRCLIMBING WALLFITNESS CANYONBELOWFITNESS STAIRROOFBELOW ROOF BELOW PLAN DIAGRAM 8’16’32’64’ 124 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER LEVEL 2 PLAN DIAGRAM 10’20’40’80’BZN COMMUNITY CENTER FORUM STAIRMULTI-USE POOL BELOW INDOOR WATER PARK BELOWFITNESS ‘ECOSYSTEM’REC LOUNGE BELOWGYM LIBRARY TOWN CENTER BELOW MAKER SPACE MEETING ROOM WALKING / JOGGING TRACK BUILDING SUPPORT BUILDING SUPPORT SHADE CANOPY BELOWSTORAGEREC. OFFICESMULTI-PURPOSE FITNESS SUTDIOSFUNCTIONAL FITNESS WEIGHTSCARDIOSTRETCH ADULT COLLECTION TEEN COLLECTION CLIMBING WALL LEVEL 2 FITNESS DESK STORAGE STORAGE FITNESS TERRACE LIBRARY BALCONYBALCONYRRCLIMBING WALLFITNESS CANYONBELOWFITNESS STAIRROOFBELOW ROOF BELOW 8’16’32’64’ 10’20’40’80’BZN COMMUNITY CENTER FORUM STAIRMULTI-USE POOL BELOW INDOOR WATER PARK BELOW FITNESS ‘ECOSYSTEM’REC LOUNGE BELOW GYM LIBRARY TOWN CENTER BELOW MAKER SPACE MEETING ROOM BUILDING SUPPORT BUILDING SUPPORT SHADE CANOPY BELOWSTORAGE REC. OFFICESMULTI-PURPOSE FITNESS SUTDIOSFUNCTIONAL FITNESS WEIGHTSWEIGHTS ADULT COLLECTION TEEN COLLECTION LEVEL 2 FITNESS DESK STORAGE STORAGE FITNESS TERRACE LIBRARY BALCONYBALCONYRRCLIMBING WALLFITNESS CANYONBELOWFITNESS STAIRROOF BELOW ROOF BELOW STRETCH CARDIO 125 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER TOWN CENTER 126 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER LIBRARY LEVEL 2 - BALCONY AND READING AREA 127 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER GYMNASIUM 128 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER LEVEL 2 - REC LOUNGE AND AQUATICS OVERLOOK 129 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER AQUATICS - INDOOR WATER PARK 130 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER AQUATICS - MULTI-PURPOSE POOL 131 BOZEMAN COMMUNITY CENTER 04.14.23 | Landscape Concept Sketch SCALE: 1” = 20’ 0 10 20 40 KEY NOTES:ENTRY ALLEEPARKINGENTRY PLAZA123 1 1 1 2 2 2 2 3 3 2LAWN SPACE4 4 4 4 OUTDOOR READING/GATHERING5 5 SHADE STRUCTURE6 6 6 6 6 LARGE GATHERING SHELTER7 7 ALL WHEELS LOOP8 8 STORM WATER DETENTION9 9 9 9 SERVICE ENTRY10 10 NATURE PLAY CIRCUIT11 11 11 11 PICKLE BALL COURTS12 12 12 BIO-SWALE 13 13 13 SPLASH PAD14 14 LANDSCAPE BUFFER15 15 15 SKATE LOOP COVERED ENTRY SCULPTURAL STEEL FIN 16 17 18 16 18 18 17 BOZEMAN COMMUNITY CENTER OUTDOOR SPLASH PAD 132 1 | P a g e Table of Contents Introduction Page 2 Executive Summary Page 3 Operational Plan Page 5 Full-Time Staffing Page 7 Fee Structure Page 9 Expenditures Page 10 Revenues Page 12 5-Year Forecast Page 13 Appendix A – Renderings Page 14 Appendix B – Demographics, Participation Rates, Providers Page 17 Demographics Page 18 Participation Rates Page 36 Alternative Provides Page 50 133 2 | P a g e Introduction The City of Bozeman is pursuing a new indoor facility, which is a combined library and recreation center. The City hired Ballard*King & Associates (B*K) to develop an operational plan for the recreation side of the proposed facility. B*K is a facility planning firm based out of Denver, CO that provides operational planning service for a variety of recreation facilities, including recreation centers. The goal of the operational study is to understand: • Operational Hours • Staffing Levels (full-time and part-time) • Commodities • Contractual Obligations • Revenues o Memberships/Admissions o Programs o Rentals and Other That information then informs the City of the subsidy needed for the annual operation of the facility. It is important to note that B*K is a third-party, independent group. They are not affiliated with a firm that may receive a financial benefit from the project moving into construction. The following document is based on the best information available at the time of the study, along with the input from City staff. 134 3 | P a g e Executive Summary The following bullet point summarizes the findings of the operational plan that has been developed for the City of Bozeman. • B*K analyzed the demographics of the City of Bozeman and a 35-mile radius surrounding the community. The population concentration indicates a facility could be supported. Further, the median age, lower than the national figure, and median income, higher than the national figure, are positive data points for financial success. • There are other existing fitness and aquatic providers in the area. It is the opinion of B*K that introduction of a municipal facility into the market will not negatively impact these operations. This facility will address the full age spectrum, which is a key differentiator than some of the other providers. It is important to note that based on B*K’s 30 years of completing these types of projects, municipal recreation facilities facilitate the growth of the private market. • The facility components that have been prescribed would facilitate use of the facility via membership and daily admission. They would also support a wide variety of programs that are not currently available to the community via the Parks & Recreation Department. The participation rates that B*K has developed, Appendix B, also support the facility components and illustrate a significant market for programs and services. • A key differentiator between public and private recreation facilities is maintaining the availability of drop-in use of the facility. That can be achieved through either membership or daily admission. Additionally, it is important to note that program participation does not require membership of the facility. • The daily admission fees and membership fees have been prescribed based on the feedback the Parks & Recreation Department received from the community. It is also important to note that they have been prescribed to maximize participation by the entire community. • The revenue figures produced in the operational plan are conservative in the opinion of B*K and reflect the first full fiscal year of operation. The membership numbers, daily admissions, and program figures are not factored at maximum capacity. They reflect the rates of a new facility. • It is important to note that the programs offered in a facility of this nature are not just physical activities. It is common, and necessary, to have a wide variety of programs that not only focus on physical pursuits, but also on arts and enrichment opportunities. This again helps maximize participation across the full spectrum of the population. 135 4 | P a g e • The expense figures produced in the operational plan are consistent with the City’s current method of budgeting. That is to say some line items that would typically be included in a facility budget have been included in the overall City-wide budget. The figures have been produced based on the 2023 market, but project what expenses may look like if the facility were to open in 2027. • This is a new venture for the facility. As such the full-time positions in the operational plan are not currently in the Department budget. If the project moves into the construction phase, the City will need to develop a ramp up budget to account for construction and opening. For the City to achieve both the revenue and expense projections in the budget, they must open the facility fully staffed and operational. • It is important to note that the maintenance and custodial positions prescribed in the budget could service both the recreation and library operation. Additionally, the Youth Program and the Adult/Senior Program positions could provide programming for both the recreation and library operations. • Using the years 3-5 average the City could anticipate the recreation facility requiring an approximate $1,507,761 annual subsidy. It is not uncommon for public facilities to require an annual operational subsidy, in particular if the operational goal is to maximize participation. It is the opinion of B*K that the City of Bozeman residents would embrace the development of a combined library and recreation facility. The operation would allow the Parks & Recreation Department to address the growing needs of their current users. While at the same time address a segment of the population that the Department is unable to provide programs for. 136 5 | P a g e Operational Plan In addition to the operational figures in this section of the report, an Excel document has been provided to the City that contains all details. • The City of Bozeman will operate the facility. • The weight training equipment will be purchased. Buy-back period for weight training equipment is typically a 10-year life span. • The cardio training equipment will be leased. The advantage of a lease is keeping new equipment on your cardio floor and building in limited maintenance. • Maintenance staff, who will be assigned solely to this facility, will be City employees. Specialty services such as annual refinish of hardwood floors, upkeep of UV sanitation, limited HVAC will be completed through contracts. (100,000 square feet) • Custodial staff, who will be assigned solely to this facility, will be City employees. • There are some items that have been included in the overall City budget. Those items include: o Janitorial Supplies o Utilities (gas, electric) o Water/Sewar o Trash o Insurance (property & liability) o Communications (phone) o Contract Services (Elevator, Fire Alarm, Misc.) o Capital Improvement Fund • B*K typically includes a capital improvement fund allocation. For purposes of this plan, this concept has been discussed with the City, but the factor has yet to be determined. • Café. There is square footage allocated in the facility program for a café. At this point it is assumed that the café will be contracted out, as such the part-time staffing associated with this operation is not included in the plan. 137 6 | P a g e • Proposed Hours of Operation: o Monday-Friday 5:30A-9:00P o Saturday 7:00A-7:00P o Sunday 10:00A-7:00P o Total 98.5 Hours The following page provides an organizational chart for the full-time positions associated with the operation of the facility. 138 7 | P a g e These positions were prescribed by B*K and have been confirmed by the City. It is important to note that this facility is both a recreation center and library. The maintenance and custodial positions reflected in this budget would function in the full facility. Additionally, the Youth Program and Adult/Senior Program positions could be shared between Recreation and the Library. Facility Manager (1) Aquatics Coordinator (1) Lifeguards (6) Sports & Competition Coordinator (1) Fitness Coordinator (1) Youth Program Coordinator (1) Adult/Senior Program Coordinator (1) Maintenance Foremen (1) Maintenance Tech (1.5) Custodial (5) Administrative Support (2) 139 8 | P a g e Full-Time Staff: • Facility Manager (1) $98,000 • Administrative Support (2) $55,000 each • Aquatics Coordinator (1) $85,000 • Lifeguard (6) $48,000 • Sports & Competition Coordinator (1) $76,000 • Fitness Coordinator (1) $76,000 • Youth Program Coordinator (1) $76,000 • Adult/Senior Program Coordinator (1) $76,000 • Maintenance Foreman (1) $80,000 • Maintenance Tech (1.5) $74,000 each • Custodial (5) $53,000 • Benefits factor of 35% of total salaries has been applied. Part Time Staff: • Lead Front Desk $25.00 • Front Desk $22.00 • Lead Lifeguards $24.00 • Lifeguards $22.00 • Building Supervisor $26.00 • Gym Attendant $22.00 • Custodial $22.00 • Fitness Attendant $22.00 • Swim Lesson Instructors • Group Exercise Instructors • Contract Instruction • 8.5% FICA and other benefits. For the City to be competitive with other agencies seeking part-time staff they must pay the outlined rates. This, along with increased rates of pay for full-time staff, and other cost centers, creates a challenge in maximizing cost recovery. 140 9 | P a g e Fee Structure: Resident Non-Resident Age 2 & Under $0 $0 Youth (3-18) $8.00 $10.00 Adult (19-59) $10.00 $12.00 Senior (60+) $8.00 $10.00 10-Punch Pass $80.00 $100.00 Resident Non-Resident Youth (3-18) $300 $375 Adult (19-59) $420 $525 Senior (60+) $300 $375 Senior +1 $400 $500 Household (6 maximum) $780 $975 Household +1 $50 $63 Market Penetration: • City of Bozeman 5.40% of Households • Non-Bozeman 2.16% of Households The proposed rate structure for admission and membership to the recreation center are based on three data points. One, the feedback that the City received from the public input processes. Two, the market research that B*K completed. Three, the goal of the City to make this facility as accessible as possible to the entire population, regardless of socio-economic status. 141 10 | P a g e Projected Expenditures The following illustrates a line-item budget for the proposed facility. The operational numbers are based on the best information available during the study, combined with B*K’s familiarity with the project type, and input from the City. Personnel New Full-Time 1,810,350 New Part-Time 1,358,444 Sub-Total $3,168,794 Commodities Office supplies (forms, ID, film) 6,000 Chemicals 80,000 Maintenance/repair/materials 40,000 Janitor supplies - Recreation supplies 25,000 Safety supplies 6,000 Uniforms 9,000 Printing/postage 5,000 Concessions (food/supplies)1 - Vending Opportunities/Re-sale 1,000 Other Misc. expenses - Fuel/Mileage 1,500 Sub-Total $173,500 1 This item was left in the operational plan, if the City were to decide to operate the Café in-house. 142 11 | P a g e Contractual Electric & Gas2 - Water/Sewer3 - Trash4 - Insurance (property & liability)5 - Communications (phone)6 - Contract services7 - Contractual Instructors 35,000 Fitness Equipment Lease 120,000 Equipment Maintenance 20,000 Monitor Services 5,000 Rental Equipment 10,000 Advertising 15,000 Training & Travel 15,000 Membership Dues/Subscriptions 4,500 Bank Charges8 57,650 IT Licenses & Charges (software)9 19,217 Deposit Services - Other - Sub-Total $301,367 Expense Totals Personnel $3,168,794 Commodities $173,500 Contractual $301,367 Total Expense Budget $3,643,661 2 Reflected in other City budget. 3 Reflected in other City budget. 4 Reflected in other City budget. 5 It is not uncommon to have this factored at $0.15-$0.50 per square foot. This is reflected in another City budget. 6 Reflected in other City budget. 7 Reflected in other City budget. 8 Factored at 3% of total revenue generation. 9 Factored at 1% of total revenue generation. 143 12 | P a g e The following revenue opportunities developed by B*K are based on information provided by the City, familiarity with the market, and experience as facility operators. The projections are what B*K feels the department could anticipate achieving in year 1 of the operation. New Revenue Fees Daily Admission 162,600 Punch Pass 14,880 Membership 1,082,813 Sub-Total $1,260,293 Programs Aquatic 106,860 Recreation 215,250 Fitness 62,064 Sub-Total $384,174 Other Re-Sale 1,500 Events/Parties 56,000 Practice Rental (pool) 183,600 Leisure Pool Rentals 9,600 Other Rentals 26,500 Sub-Total $277,200 Total Revenue Projection $1,921,667 B*K has taken a conservative approach to revenue projection. It is possible that the City could exceed these revenue projections, and that should be the goal. It is also possible that the City is currently offering programs at other locations that could be housed at this new facility, hence reflecting more revenue. 144 13 | P a g e 5-Year Operational Projections The following is a 5-year projection for the operation. Year 1 assumes the first full budget year of operation. Year 1 Year 2 Year 3 Year 4 Year 5 Expenses $3,643,661 $3,716,534 $3,828,030 $3,942,871 $4,061,157 Revenue $1,921,667 $2,209,916 $2,364,611 $2,435,549 $2,508,615 ($1,721,994) ($1,506,617) ($1,463,419) ($1,507,322) ($1,552,541) Cost Recovery 52.7% 59.5% 61.8% 61.8% 61.8% Note: As previously illustrated the expense figures do not include utilities, water/sewar, trash, insurance, communications, or contract services. This figures are accounted for in a different City budget. Most indoor recreation facilities do not reach a “normal” operational pattern until they reach Year 3 of operation. The following provides the average cost recovery for years 3-5. Year 1 Expenses $3,944,019 Revenue $2,436,258 ($1,507,761) Cost Recovery 61.8% There is a strong possibility that the facility may not open until the year 2027. If that were to happen, and the Bozeman area experienced 4% inflation each year it would equate to an expense budget of $4,098,623 in the year 2027. The City has been provided with a document that B*K created which contains all the details that supports the figures in this section of the report. 145 14 | P a g e Appendix A – Renderings 146 15 | P a g e First Floor 147 16 | P a g e Second Floor 148 17 | P a g e Appendix B – Demographics, Participation, Trends, Providers 149 18 | P a g e Demographics B*K has been hired directly to develop an operational plan for their proposed community recreation center. This facility will be a combined recreation and library facility. As part of B*K’s scope of services they are conducting a market assessment. B*K accesses demographic information from Environmental Systems Research Institute (ESRI) who utilizes 2020 Census data and their demographers for 2022-2027 projections. In addition to demographics, ESRI also provides data on housings, recreation, and entertainment spending and adult participation in activities. B*K also uses information produced by the National Sporting Goods Association (NSGA) to overlay onto the demographic profile to determine potential participation in various activities. Service Areas: The Immediate Service Area is the City of Bozeman, and the Primary Service Area is approximately a 35-mile radius. These service areas are consistent with the service areas B*K used while conducting the operational assessment for the aquatic center in Bozeman. A primary service area is defined as the distance people will travel on a regular basis (a minimum of once a week) to utilize recreation programs and facilities. Use by individuals outside of this area will be much more limited and will focus more on special activities or events. Service areas can expand, or contract based upon a facility’s proximity to major thoroughfares. Other factors impacting the use as it relates to driving distance are the presence of alternative service providers in the service area. Alternative service providers can influence participation, membership, daily admissions and the associated penetration rates for programs and services. Service areas can vary in size with the types of components in the facility. 150 19 | P a g e Service Area Maps • Green Shaded Boundary – Immediate Service Area • Red Radius Boundary – Primary Service Area 151 20 | P a g e Demographic Summary Immediate Service Area Primary Service Area Population: 2020 Census 53,30110 134,04011 2022 Estimate 56,465 140,493 2027 Estimate 61,153 150,489 Households: 2020 Census 21,737 54,045 2022 Estimate 23,146 56,767 2027 Estimate 25,199 60,971 Families: 2020 Census 9,919 30,826 2022 Estimate 10,071 31,936 2027 Estimate 10,912 34,146 Average Household Size: 2020 Census 2.27 2.40 2022 Estimate 2.27 2.40 2027 Estimate 2.27 2.40 Ethnicity (2022 Estimate): Hispanic 5.0% 4.6% White 87.7% 89.1% Black 0.6% 0.4% American Indian 1.2% 0.9% Asian 1.8% 1.1% Pacific Islander 0.1% 0.1% Other 1.8% 1.7% Multiple 6.9% 6.7% Median Age: 2020 Census 27.8 34.0 2022 Estimate 30.9 36.4 2027 Estimate 31.4 37.3 Median Income: 2022 Estimate $76,569 $83,133 2027 Estimate $81,731 $94,073 10 From the 2010-2020 Census, the Immediate Service Area Option 1 experienced a 2.85% increase in population. 11 From the 2010-2020 Census, the Primary Service Area Option 2 experienced a 2.69% increase in population. 152 21 | P a g e Age and Income: The median age and household income levels are compared with the national number as both factors are secondary determiners of participation in recreation activities. The lower the median age, the higher the participation rates are for most activities. The level of participation also increases as the median income level goes up. Table A – Median Age: 2020 Census 2022 Projection 2027 Projection Immediate Service Area 27.8 30.9 31.4 Primary Service Area 34.0 36.4 37.3 State of Montana 39.8 41.8 42.5 Nationally 38.6 38.9 39.6 Chart A – Median Age: The median age in the Immediate and Primary Service Areas is lower than the State of Montana and the National number. A lower median age typically points to the presence of families with children. A higher median age typically reflects an older community. Community centers are becoming more multi-generational in design. Parks and recreation activities, programs and events draw a large demographic but tend to be most popular with youth and their parents. Grandparents are becoming an increasing part of the household though as they care for and are involved with their grandchildren. 25 30 35 40 45 50 55 2020 2022 2027 27.8 30.9 31.4 34 36.4 37.3 39.8 41.8 42.5 38.6 38.9 39.6 Immediate Service Area Primary Service Area State of Montana National 153 22 | P a g e The following chart provides the number of households and percentage of households in the Immediate and Primary Service Area with children. Table B – Households w/ Children Number of Households w/ Children Percentage of Households w/ Children Immediate Service Area 4,081 19.4% Primary Service Area 13,098 24.6% State of Montana 114,178 26.2% The information contained in Table B helps further outline the presence of families with children. As a point of comparison in the 2020 Census, 30.7% of households nationally had children present. Both the Immediate and Primary service areas reflect a slightly lower percentage than both the state and national level of households with children. 154 23 | P a g e $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 2022 2027 $76,569 $81,731 $83,133 $94,073 $61,456 $70,975 $72,414 $84,445 Immediate Service Area Primary Service Area State of Montana National Table C – Median Household Income: 2022 Projection 2027 Projection Immediate Service Area $76,569 $81,731 Primary Service Area $83,133 $94,073 State of Montana $61,456 $70,975 Nationally $72,414 $84,445 Chart C (1) – Median Household Income: 155 24 | P a g e Based on 2022 projections for median household income the following narrative describes the service areas: In the Immediate Service Area, the percentage of households with median income over $50,000 per year is 65.5% compared to 61.6% on a national level. Furthermore, the percentage of households in the service area with median income less than $25,000 per year is 16.7% compared to a level of 18.0% nationally. In the Primary Service Area, the percentage of households with median income over $50,000 per year is 70.6% compared to 61.6% on a national level. Furthermore, the percentage of households in the service area with median income less than $25,000 per year is 13.0% compared to a level of 18.0% nationally. While there is no perfect indicator of use of a recreation facility, the percentage of households with more than $50,000 median income is a key indicator. Therefore, those numbers are significant and balanced with the overall cost of living. Chart C (2) – Median Household Income Distribution 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Immediate Service Area Primary Service Area State of Montana National 16.7%13.0%17.8%15.8% 17.8%16.4% 21.9%18.6% 65.5%70.6%60.3%65.6% <$24,999 $25,000-$49,999 $50,000+ 156 25 | P a g e Household Income In addition to looking at Median Age and Median Income, it is important to examine Household Budget Expenditures. Reviewing housing information, shelter, utilities, fuel and public services along with entertainment & recreation can provide a snapshot into the cost of living and spending patterns in the services areas. The table below looks at that information and compares the service areas. Table D – Household Budget Expenditures12 Immediate Service Area SPI Average Amount Spent Percent Housing 93 $26,664.74 32.4% Shelter 94 $21,470.59 26.1% Utilities, Fuel, Public Service 92 $5,194.15 6.3% Entertainment & Recreation 90 $3,302.83 4.0% Primary Service Area SPI Average Amount Spent Percent Housing 100 $28,459.65 31.6% Shelter 99 $22,709.02 25.2% Utilities, Fuel, Public Service 102 $5,750.64 6.4% Entertainment & Recreation 102 $3,726.67 4.1% State of Montana SPI Average Amount Spent Percent Housing 80 $22,737.62 31.0% Shelter 78 $17,905.58 24.4% Utilities, Fuel, Public Service 85 $4,832.04 6.6% Entertainment & Recreation 85 $3,137.31 4.3% SPI: Spending Potential Index as compared to the National number of 100. Average Amount Spent: The average amount spent per household. Percent: Percent of the total 100% of household expenditures. Note: Shelter along with Utilities, Fuel, Public Service are a portion of the Housing percentage. 12 Consumer Spending data are derived from the 2018 and 2019 Consumer Expenditure Surveys, Bureau of Labor Statistics. ESRI forecasts for 2022 and 2027. 157 26 | P a g e Chart D – Household Budget Expenditures Spending Potential Index: The correlation between the median household income and household budget expenditures is important. The percentage of household income in the Immediate and Primary service areas represents a slight increase over the national level. Additionally, the household budget expenditures are below the national level. This data suggests there may be a slightly higher level of discretionary income, including to support recreational activities, than the national level. This could point to the ability to pay for programs and services offered at a recreation facility of any variety. The total number of housing units in the Primary Service Area is 60,991 and 88.6% are occupied, or 54,045 housing units. The total vacancy rate for the service area is 11%. As a comparison, the vacancy rate nationally was 11.6%. Of the available units: • For Rent 1.8% • Rented, not Occupied 0.2% • For Sale 0.4% • Sold, not Occupied 0.2% • For Seasonal Use 5.9% • Other Vacant 2.1% 60 70 80 90 100 110 120 130 Housing Shelter Utilities, Fuel, Public Service Entertainment & Recreation 93 94 92 90 100 99 102 102 80 78 85 85 100 100 100 100 Immediate Service Area Primary Service Area State of Montana National 158 27 | P a g e Recreation Expenditures Spending Potential Index Finally, through the demographic provider that B*K utilizes for the market analysis portion of the report, we can examine the overall propensity for households to spend dollars on recreation activities. The following comparisons are possible. Table E – Recreation Expenditures Spending Potential Index13: Immediate Service Area SPI Average Spent Fees for Participant Sports 86 $112.29 Fees for Recreational Lessons 78 $124.85 Social, Recreation, Club Membership 90 $254.83 Exercise Equipment/Game Tables 89 $55.93 Other Sports Equipment 92 $7.45 Primary Service Area SPI Average Spent Fees for Participant Sports 96 $125.99 Fees for Recreational Lessons 90 $143.97 Social, Recreation, Club Membership 98 $275.87 Exercise Equipment/Game Tables 104 $65.41 Other Sports Equipment 101 $8.16 State of Montana SPI Average Spent Fees for Participant Sports 74 $97.24 Fees for Recreational Lessons 70 $111.46 Social, Recreation, Club Membership 76 $214.78 Exercise Equipment/Game Tables 86 $53.93 Other Sports Equipment 78 $6.33 Average Amount Spent: The average amount spent for the service or item in a year. SPI: Spending potential index as compared to the national number of 100. 13 Consumer Spending data are derived from the 2018 and 2019 Consumer Expenditure Surveys, Bureau of Labor Statistics. 159 28 | P a g e Chart E – Recreation Spending Potential Index: Again, there is a great deal of consistency between recreation spending potential, median household income and household budget. 60 70 80 90 100 110 120 Participant Sports Rec Lessons Social, Rec, Club Member Exercise Equip Other Sports Equip 86 78 90 89 92 96 90 98 104 101 74 70 76 86 78 100 100 100 100 100 Primary Service Area Secondary Service Area State of Montana National 160 29 | P a g e Population Distribution by Age: Utilizing census information for the Primary Service Areas, the following comparisons are possible. Table F – 2022 Primary Service Area Age Distribution (ESRI estimates) Ages Population % of Total Nat. Population Difference 0-5 7,629 5.4% 5.8% -0.5% 5-17 19,255 13.7% 15.9% -2.3% 18-24 18,219 13.0% 9.2% +3.9% 25-44 40,650 28.9% 26.8% +2.1% 45-54 15,477 11.0% 12.0% -1.1% 55-64 17,506 12.5% 12.8% -0.4% 65-74 13,416 9.6% 10.2% -0.7% 75+ 8,337 5.9% 7.2% -1.4% Population: 2022 census estimates in the different age groups in the Primary Service Area. % of Total: Percentage of the Primary Service Area population in the age group. National Population: Percentage of the national population in the age group. Difference: Percentage difference between the Primary Service Area population and the national population. Chart F – 2022 Primary Service Area Age Group Distribution 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% -5 6-17 18-24 25-44 45-54 55-64 65-74 75+ Primary Service Area National 161 30 | P a g e The demographic makeup of the Immediate Service Area, when compared to the characteristics of the national population, indicates that there are some differences with a larger population in the 18-24 and 25-44 age groups. There is a smaller population in the remaining age groups. The greatest positive variance is in the 18-24 age group with +3.9%, while the greatest negative variance is in the 5-17 age group with -2.3%. Table G – 2022 Primary Service Area Population Estimates (U.S. Census Information and ESRI) Ages 2020 Census 2022 Projection 2027 Projection Percent Change Percent Change Nat’l -5 8,432 7,629 8,265 -2.0% -8.3% 5-17 19,516 19,255 20,305 +4.0% -8.5% 18-24 19,423 18,219 19,644 +1.1% -8.9% 25-44 38,495 40,650 42,347 +10.0% +3.3% 45-54 18,310 15,477 16,547 -9.6% -17.8% 55-64 15,763 17,506 16,758 +6.3% +2.5% 65-74 7,748 13,416 15,631 +101.7% +58.2% 75+ 6,367 8,337 10,995 +72.7% +46.3% Chart G – Primary Service Area Population Growth Table-K illustrates the growth or decline in age group numbers from the 2020 census until the year 2027. It is projected all age categories except under 5 and 45-54 will see an increase in population. The population of the United States is aging, and it is not unusual to find negative 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 -5 6-17 18-24 25-44 45-54 55-64 65-74 75+ 2020 2022 2027 162 31 | P a g e growth numbers in the younger age groups and significant net gains in the 45 plus age groupings in communities which are relatively stable in their population numbers. Below is listed the distribution of the population by race and ethnicity for the Immediate and Primary Service Area for 2022 population projections. Those numbers were developed from 2020 Census Data. Table H – Primary Service Area Ethnic Population and Median Age 2022 (Source – U.S. Census Bureau and ESRI) Ethnicity Total Population Median Age % of Population % of MT Population Hispanic 6,405 26.2 4.56% 4.14% Table I – Primary Service Area by Race and Median Age 2022 (Source – U.S. Census Bureau and ESRI) Race Total Population Median Age % of Population % of WA Population White 125,199 36.7 89.1% 84.2% Black 574 31.3 0.4% 0.5% American Indian 1,259 28.9 0.9% 6.2% Asian 1,553 30.5 1.1% 0.8% Pacific Islander 103 35.0 0.1% 0.1% Other 2,383 32.4 1.7% 1.4% Multiple 9,423 24.7 6.7% 6.8% 2022 Primary Service Area Total Population: 140,493 Residents 163 32 | P a g e Chart I – 2022 Primary Service Area Population by Non-White Race 0.4% 0.9% 1.1%0.1% 1.7%6.7% Black American Indian Asian Pacific Islander Other Multiple 164 33 | P a g e Tapestry Segments Tapestry segmentation represents the 4th generation of market segmentation systems that began 30 years ago. The 65-segment Tapestry Segmentation system classifies U.S. neighborhoods based on their socioeconomic and demographic compositions. While the demographic landscape of the U.S. has changed significantly since the 2000 Census, the tapestry segmentation has remained stable as neighborhoods have evolved. The data assists the organization in understanding the consumers/constituents in their service area and supply them with the right products and services. The Tapestry segmentation system classifies U.S. neighborhoods into 65 unique market segments. Neighborhoods are sorted by more than 60 attributes including income, employment, home value, housing types, education, household composition, age and other key determinates of consumer behavior. The following pages and tables outline the top 5 tapestry segments in each of the primary service areas and provide a brief description of each. This information combined with the key indicators and demographic analysis of each service area help further describe the markets that the Primary Service Area looks to serve with programs, services, and special events. Table J – Primary Service Area Tapestry Segment Comparison (ESRI estimates) Primary Service Area Demographics Percent Cumulative Percent Median Age Median HH Income College Towns (14B) 15.7% 15.7% 24.5 $32,200 Bright Young Professionals (8C) 15.4% 31.1% 33.0 $54,000 Emerald City (8B) 8.7% 39.8% 37.4 $59,200 The Great Outdoors (6C) 8.5% 48.3% 47.4 $56,400 Middleburg (4C) 6.8% 55.1% 36.1 $59,800 165 34 | P a g e Chart J – Primary Service Area Tapestry Segment Entertainment Spending: College Towns (14B) – Half of this demographic is enrolled in college. Although they have busy schedules, they still schedule time for socializing and sports. Buy impulsively and all about new experiences. Bright Young Professionals (8C) – This is a large market with young well-educated professionals. Physically active and up to date with technology where they get all their information. Emerald City (8B) – Young, mobile and well educated, this group is highly connected. They make environmentally friendly purchases. Embrace food and culture, balanced with time at the gym. The Great Outdoors (6C) – Living a modest lifestyle, these empty nesters are very do-it- yourself oriented and cost conscious. Enjoy outdoor activities such as hiking and hunting. Middleburg (4C) – This group is conservative and family-oriented. A younger market that is growing. Prefers to buy American for a good price. Participate in sports and outdoor activities. 0 20 40 60 80 100 120 College Towns (14B) Bright Young Professionals (8C) Emerald City (8B)The Great Outdoors (6C) Middleburg (4C) 63 85 101 99 93 100 100 100 100 100 Tapestry National 166 35 | P a g e Demographic Summary The following summarizes the demographic characteristics of the service areas. • The population level of 56,465 people within the Immediate Service Area is large enough to support an indoor recreation facility. • The population in the immediate service area is projected to be relatively stable over the next five years, with a negligible increase to a population level of 61,153 in 2027. • The demographic makeup of the Immediate Service Area, when compared to the characteristics of the national population, indicates that there are some differences with a larger population in the 18-24 and 25-44 age groups. There is a smaller population in the remaining age groups. The percent of households with children in the immediate service area is 19.4% compared to the national level of 33.4%, significantly lower. Age is one determining factor that drives participation in recreation and sport activities. • All age groups, except the under 5 and 45-54 age groups, are projected to increase in the primary service area by 2027. The 65 and over age groups are projected to have significant higher growth, ranging from 72%-101%. This growth may represent opportunities or need for increased senior programming. • The 25-44 age group has a direct correlation to the younger age categories and indicates future growth in the younger age groups. This age group is expected to increase in the Primary Service Area by 10% by 2027 compared to a national level increase of about 3%. In addition, the younger age groups for 17 and under are projected to increase (or decrease less) in the primary service area than national projections. • Household income in the Immediate ($76,569) and Primary ($83,133) Service area is slightly above the national level of $72,414. In the Immediate Service Area, the percentage of households with median income over $50,000 per year is 65.5% compared to 61.6% on a national level. Furthermore, the percentage of the households in the service area with median income less than $25,000 per year is 16.7% compared to a level of 18.0% nationally. This indicates a local population that should have the ability to utilize discretionary income for recreation activities. Household income is another one of the primary determining factor that drives participation recreation and sports. • In the Primary Service Area, the percentage of households with median income over $50,000 per year is 70.6% compared to 61.6% on a national level. Furthermore, the percentage of the households in the service area with median income less than $25,000 per year is 13.0% compared to a level of 18.0% nationally. 167 36 | P a g e Participation Rates Market Potential Index for Adult Participation: In addition to examining the participation numbers for various outdoor activities through the National Sporting Goods Association, 2020 Survey and the Spending Potential Index for Entertainment & Recreation, B*K can access information about Sports & Leisure Market Potential. The following information illustrates participation rates for adults in outdoor activities. Table A – Market Potential Index (MPI) for Participation in Activities in Primary Service Area Adults participated in: Expected Number of Adults Percent of Population MPI Aerobics 9,753 8.6% 102 Basketball 7,798 6.9% 102 Bicycle (Road) 13,963 12.3% 109 Exercise Walking 36,857 32.4% 104 Running/Jogging 14,403 12.7% 114 Pilates 3,656 3.2% 103 Ping Pong 3,793 3.3% 96 Swimming 19,474 17.1% 109 Volleyball 3,232 2.8% 108 Weightlifting 15,355 13.5% 107 Yoga 13,205 11.6% 112 Zumba 2,988 2.6% 81 Expected # of Adults: Number of adults, 18 years of age and older, participating in the activity in the Service Area. Percent of Population: Percent of the service area that participates in the activity. MPI: Market potential index as compared to the national number of 100. This table indicates that the overall propensity for adults to participate in activities is greater than the national number of 100 in 10 of 12 activities. In many cases when a participation number is lower than the National number, primary factors include a lack of facilities or an inability to pay for services and programs. 168 37 | P a g e Table B – Physical Activity in Primary Service Area Activity Somewhat Agree Completely Agree Exercise Regularly 38.5% 30.2% More Fit and Active Than Others My Age 38.7% 19.6% Seek New Exercise Routines 40.3% 10.8% Seek New Ways to be More Healthy 47.4% 28.8% ESRI measures the likely demand for service in the area. Exercise is defined by the user in the survey. Hours of Exercise Per Week Percent of Population MPI 1-3 hours 24.1% 100 4-6 hours 22.5% 103 7+ hours 23.5% 101 Exercise Location 2+ Times Per Week Percent of Population MPI Home 42.7% 105 Club 14.4% 105 Other Facility (Not Club) 9.3% 118 Fitness Club/Gym Membership Percent of Population MPI LA Fitness 1.7% 87 Planet Fitness 4.9% 102 YMCA 3.3% 113 Self Care Percent of Population MPI Visited Physical Therapist 5.9% 104 Professional Massage 7.0% 105 Survey Data is derived from ESRI and MRI-Simmons and provides the expected percentage of population and the Market Potential Index. In addition to analyzing the demographic realities of the service areas, it is possible to project possible participation in recreation and sport activities. 169 38 | P a g e Participation Numbers: On an annual basis, the National Sporting Goods Association (NSGA) conducts an in-depth study and survey of how Americans spend their leisure time. The data is collected in one year and the report is issued in June of the following year. This information provides the data necessary to overlay rate of participation onto the Immediate, Immediate and Primary Area to determine market potential. The information contained in this section of the report, utilizes the NSGA’s 2019 & 2021 data. The COVID-19 Pandemic had a significant impact on participation on sports and activities. Many indoor facilities were closed for a substantial part of the year, team sports and leagues did not operate and individuals sought different ways to fill their time. As a result participation from 2020 to 2021 varied widely in nearly all activities tracked. Many of the activities bounced back from the 2020 participation, however not all have. Some of this may be a trend while some of it is still a reflection on reduced offerings by departments. B*K takes the national average and combines that with participation percentages of the Primary Service Area based upon age distribution, median income, region and National number. Those four percentages are then averaged together to create a unique participation percentage for the service area. This participation percentage when applied to the population of the Immediate, Immediate and Primary Service Area then provides an idea of the market potential for outdoor recreation. 170 39 | P a g e Table C – Participation Rages in the Primary Service Area Age Income Region Nation Average Aerobics 15.5% 16.5% 16.8% 15.8% 16.2% Baseball 3.7% 3.1% 3.8% 3.7% 3.6% Basketball 7.7% 5.8% 8.5% 7.5% 7.4% Bicycle (Road) 13.7% 16.4% 16.4% 14.2% 15.2% Billiards/Pool 7.0% 7.2% 9.1% 6.8% 7.5% Boxing 1.7% 1.8% 0.7% 1.5% 1.4% Cheerleading 1.0% 1.2% 0.9% 1.0% 1.0% Exercise Walking 40.5% 44.6% 45.2% 41.4% 42.9% Exercise w/ Equipment 19.0% 21.5% 22.6% 18.9% 20.5% Gymnastics 1.6% 1.7% 1.6% 1.7% 1.7% Martial Arts/MMA 1.7% 1.4% 1.2% 1.7% 1.5% Pickleball 1.2% 1.6% 1.4% 1.2% 1.3% Pilates 1.9% 2.3% 1.9% 1.9% 2.0% Running/Jogging 15.3% 17.2% 17.0% 14.9% 16.1% Swimming 15.1% 18.4% 17.6% 15.6% 16.7% Table Tennis/Ping Pong 3.8% 4.2% 4.7% 3.8% 4.1% Volleyball 3.6% 5.4% 4.1% 3.6% 4.2% Weightlifting 12.8% 14.1% 14.6% 12.4% 13.5% Workout at Clubs 8.4% 10.5% 10.9% 8.1% 9.5% Wrestling 1.1% 1.1% 1.2% 1.0% 1.1% Yoga 10.4% 11.3% 13.1% 10.2% 11.3% Did Not Participate 20.4% 20.2% 20.1% 20.6% 20.3% Age: Participation based on individuals ages 7 & Up of the Primary Service Area. Income: Participation based on the 2022 estimated median household income in the Primary Service Area. Region: Participation based on regional statistics (Mountain). National: Participation based on national statistics. Average: Average of the four columns. 171 40 | P a g e Anticipated Participation Number: Utilizing the average percentage from Table A, B and C above plus the 2020 census information and census estimates for 2022 and 2027 (over age 7) the following comparisons are available. Table D – Participation Growth/Decline for Indoor Activities in Primary Service Area Average 2020 Population 2022 Population 2027 Population Difference Aerobics 16.2% 19,790 20,969 22,456 2,667 Baseball 3.6% 4,384 4,645 4,975 591 Basketball 7.4% 9,042 9,580 10,260 1,218 Bicycle (Road) 15.2% 18,587 19,694 21,091 2,504 Billiards/Pool 7.5% 9,221 9,771 10,464 1,243 Boxing 1.4% 1,745 1,849 1,980 235 Cheerleading 1.0% 1,254 1,328 1,423 169 Exercise Walking 42.9% 52,577 55,710 59,662 7,084 Exercise w/ Equipment 20.5% 25,122 26,619 28,507 3,385 Golf 6.9% 8,441 8,943 9,578 1,137 Gymnastics 1.7% 2,036 2,158 2,311 274 Martial Arts/MMA 1.5% 1,850 1,960 2,099 249 Pickleball 1.3% 1,641 1,738 1,862 221 Pilates 2.0% 2,459 2,605 2,790 331 Running/Jogging 16.1% 19,714 20,889 22,371 2,656 Swimming 16.7% 20,424 21,640 23,176 2,752 Table Tennis/Ping Pong 4.1% 5,068 5,370 5,751 683 Volleyball 4.2% 5,122 5,427 5,812 690 Weightlifting 13.5% 16,496 17,479 18,719 2,223 Workout at Clubs 9.5% 11,598 12,289 13,161 1,563 Wrestling 1.1% 1,334 1,414 1,514 180 Yoga 11.3% 13,785 14,606 15,642 1,857 Did Not Participate 20.3% 24,894 26,377 28,248 3,354 Note: These figures do not necessarily translate into attendance figures for various activities or programs. The “Did Not Participate” statistics refers to all 58 activities outlined in the NSGA 2021 Survey Instrument. 172 41 | P a g e Participation by Ethnicity and Race: The table below compares the overall rate of participation nationally with the rate for Hispanics and African Americans. Utilizing information provided by the National Sporting Goods Association's 2021 survey, the following comparisons are possible. Table E – Comparison of National, African American and Hispanic Participation Rates in Primary Service Area Indoor Activity Immediate Service Area National Participation African American Participation Hispanic Participation Aerobics 16.2% 15.8% 13.1% 17.8% Baseball 3.6% 3.7% 3.8% 4.2% Basketball 7.4% 7.5% 13.9% 8.1% Bicycle (Road) 15.2% 14.2% 9.8% 10.7% Billiards/Pool 7.5% 6.8% 4.8% 5.6% Boxing 1.4% 1.5% 3.5% 2.3% Cheerleading 1.0% 1.0% 2.2% 3.5% Exercise Walking 42.9% 41.4% 24.1% 30.5% Exercise w/ Equipment 20.5% 18.9% 12.9% 13.5% Golf 6.9% 6.3% 2.3% 3.5% Gymnastics 1.7% 1.7% 2.0% 1.8% Martial Arts/MMA 1.5% 1.7% 1.8% 2.2% Pickleball 1.3% 1.2% 0.7% 1.0% Pilates 2.0% 1.9% 1.2% 1.9% Running/Jogging 16.1% 14.9% 10.8% 15.6% Swimming 16.7% 15.6% 6.8% 13.3% Table Tennis/Ping Pong 4.1% 3.8% 3.9% 2.8% Tennis 4.9% 4.6% 2.9% 4.0% Volleyball 4.2% 3.6% 3.2% 3.4% Weightlifting 13.5% 12.4% 9.7% 10.6% Workout at Clubs 9.5% 8.1% 4.7% 9.0% Wrestling 1.1% 1.0% 1.0% 1.9% Yoga 11.3% 10.2% 8.2% 10.4% Did Not Participate 20.3% 20.6% 21.6% 24.4% There is a not a significant Black or Hispanic population (0.4% and 4.6% respectively) in the Primary Service Area. As such these numbers may not play a factor with regard to overall participation. 173 42 | P a g e National Summary of Sports Participation: The following chart summarizes participation for indoor activities utilizing information from the 2021 National Sporting Goods Association survey. Table F – Sports Participation Summary Sport Nat’l Rank14 Nat’l Participation (in millions) Baseball 26 11.3 Basketball 14 22.5 Bicycle (Road) 8 42.8 Billiards/Pool 15 20.6 Boxing 46 4.6 Cheerleading 53 3.0 Exercise Walking 1 125.0 Exercise w/ Equipment 4 57.2 Gymnastics 44 5.1 Martial Arts/MMA 42 5.2 Pickleball 50 3.6 Pilates 39 5.8 Running/Jogging 7 45.0 Swimming 6 47.2 Table Tennis/Ping Pong 25 11.4 Volleyball 27 10.8 Weightlifting 9 37.5 Workout at Clubs 13 24.6 Wrestling 52 3.1 Yoga 10 30.7 Nat’l Rank: Popularity of sport based on national survey. Nat’l Participation: Population that participate in this sport on national survey. 14 This rank is based upon the 58 activities reported on by NSGA in their 2021 survey instrument. 174 43 | P a g e National Participation by Age Group: Within the NSGA survey, participation is broken down by age groups. As such B*K can identify the top 3 age groups participating in the activities reflected in this report. Table G – Participation by Age Group: Activity Largest Second Largest Third Largest Aerobics 35-44 25-34 45-54 Baseball 7-11 12-17 25-34 Basketball 12-17 25-34 18-24 Bicycle Riding 55-64 45-54 12-17 Billiards/Pool 25-34 34-44 45-54 Cheerleading 12-17 7-11 18-24 Exercise Walking 55-64 65-74 45-54 Exercise w/ Equipment 25-34 45-54 55-64 Gymnastics 7-11 12-17 25-34 Martial Arts MMA 7-11 25-34 12-17 Pickleball 12-17 65-74 18-24 Pilates 25-34 35-44 45-54 Running/Jogging 25-34 35-44 45-54 Swimming 55-64 12-17 7-11 Tables Tennis 25-34 18-24 12-17 Tennis 25-34 35-44 12-17 Volleyball 12-17 25-34 18-24 Weightlifting 25-34 45-54 35-44 Workout at Clubs 25-34 35-44 45-54 Wrestling 12-17 25-34 7-11 Yoga 25-34 35-44 45-54 Did Not Participate 45-54 55-64 65-74 Largest: Age group with the highest rate of participation. Second Largest: Age group with the second highest rate of participation. Third Largest: Age group with the third highest rate of participation. 175 44 | P a g e Non-Sport Participation Statistics: It is important to note that participation rates in non-sport activities. While there is not an abundance of information available for participation in these types of activities as compared to sport activities, there are statistics that can be utilized to help determine the market for cultural arts activities and events. There are many ways to measure a nation’s cultural vitality. One way is to chart the public’s involvement with arts events and other activities over time. The NEA’s Survey of Public Participation in the Arts remains the largest periodic study of arts participation in the United States. It tracks various arts activities that Americans (aged 18 and over) report having done in a year. It also asks questions about adults’ preferences for different kinds of music, and it seeks to understand participation in non-arts leisure events such as sports and exercise, outdoor activities, and civic and social affairs. The participation numbers for these activities are national numbers and the information falls into the following categories: • Attending Arts Activities • Reading Books and Literature • Consuming Art through Electronic Media • Making and Sharing Art • Participating in Arts Learning • Perceptions of Arts Availability 176 45 | P a g e Attending Arts Activities Table H – Percentage of U.S. Adult Attending a Performing Arts Activity at Least Once in the Past 12-Months Rate of Change Music 2008 2012 2017 2008-2012 2012-2017 Jazz 7.8% 8.1% 8.6% +0.3% +0.5% Classical Music 9.3% 8.8% 8.6% -0.5% -0.2% Opera 2.1% 2.1% 2.2% +0.0% +0.1% Latin Music 4.9% 5.1% 5.9% +0.2% +0.8% Outdoor Performing Arts Festival 20.8% 20.8% 24.2% +0.0% +3.4% Rate of Change Plays 2008 2012 2017 2008-2012 2012-2017 Musical Plays 16.7% 15.2% 16.5% -1.5% +1.3% Non-Musical Plays 9.4% 8.3% 9.4% -1.1% +1.1% Rate of Change Dance 2008 2012 2017 2008-2012 2012-2017 Ballet 2.9% 2.7% 3.1% -0.2% +0.4% Other Dance 5.2% 5.6% 6.3% +0.4% +0.7% • Following a sharp decline in overall arts attendance that occurred from 2002-2008, participation rates held steady from 2008-2012, and have increased into 2017. • Changes in the U.S. demographic composition appear to have contributed to attendance in performing arts attendance. Still, various subgroups of Americans have maintained or increased attendance rates for individual art forms. 177 46 | P a g e Table I – Percentage of U.S. Adults Attending Visual Arts Activities and Events Rate of Change 2008 2012 2017 2008- 2012 2012- 2017 Art Museums/Galleries 22.7% 21.0% 23.7% -1.7% +2.7% Parks/Historical Buildings 24.5% 22.4% 28.3% -2.1% +5.9% Craft/Visual Arts Festivals 24.9% 23.9% 23.8% -1.0% -0.1% • Visual arts attendance has declined significantly from 2002 to 2012 although has rebounded in 2017. Reading Books and Literature Table J – Reading Activity Rate of Change 2008 2012 2017 2008-2012 2012-2017 Read any Book, non- required 54.3% 54.6% 52.7% +0.3% -1.9% Literature 50.2% 47.0% 44.2% -3.2% -2.8% Novels and Short Stories 47.0% 45.2% 41.8% -1.8% -3.4% Plays 2.6% 2.9% 3.7% +0.3% +0.8% Poetry 8.3% 6.7% 11.7% -1.6% +5.0% Consuming Art Through Electronic Media Table K – Percentage of U.S. Adults Who Used Electronic Media to Consume Books or other Artistic, Arts-Related, and Literary Content Arts: 2017 Percentage Used Electronic Media to Consume Artistic or Arts Related Content 74% Read Any Books Using Electronic Media 23% Listen to Any Audiobooks 16% 178 47 | P a g e Table L – Percentage of Adults Who Used Electronic Media to Consume Art in the past 12 months Percentage Other Music15 65% Classical Music or Opera 21% Jazz 20% Programs Info. About Book Writers 19% Lain, Spanish, or Salsa 19% Theater Productions (musical or stage play)16 16% Paintings, Sculpture, Pottery or Other Visual Art 16% Dance Performances or programs 14% Programs and Info. About Visual Arts 14% Making and Sharing Art Table M – Percentage of American Adults Who Made Art in the Last 12 Months: 2017 Percentage Any Art 54% Performing Arts 40% Visual Arts 33% Creative Writing 7% Performing Arts include singing, playing any musical instrument, dancing, or acting. Visual Arts include painting, drawing, sculpting, or making prints, taking photographs, creating films, creating animations, digital arts, making potter, ceramics or jewelry, doing leatherwork, metalwork or woodwork, weaving, crocheting, quilting, knitting or sewing, scrapbooking, etc. Creative Writing includes fiction, nonfiction, poetry or plays. Table N – Percentage of American Adults Who Did Performing Arts Percentage Singing 25% Dancing 24% Playing Musical Instrument 11% Creating or Performing Music in Other Ways 3% Acting 2% Using Electronic Media to Edit or Remix Music 2% 15 Rock, pop, country, folk, rap or hip-hop 16 Musicals, plays or information about theatre 179 48 | P a g e Table O – Percentage of American Adults Who Did Visual Arts Percentage Taking Photographs 14% Painting, Drawing, Sculpting, or Making Prints 13% Weaving, Crocheting, Quilting, Needleworking, Knitting or Sewing 12% Editing Photographs 10% Doing Scrapbooking, Origami, or Other Paper-Based Art 7% Doing Leatherwork, Metalwork, or Woodwork 7% Creating Films or Videos 5% Making Pottery, Ceramics, or Jewelry 4% Designing or Creating Animations, Digital Art, Computer Graphics or Video Games 3% Table P – Among Adults Who Made Art, Percentage Who Did So At Least Once a Week Percentage Sing 70.2% Use Electronic Media to Edit or Remix Music 48.5% Play Any Musical Instrument 46.6% Take Photographs 45.2% Edit Photographs 38.5% Create or Performa Any Music In Other Ways 37.5% Creating Writing 34.3% Design or Create Animations, Digital Art, Computer Graphics or Video Games 32.2% Weave, Crochet, Quilt, Neeedlework, Knot or Sew 26.2% Create Films or Videos 22.9% Dance 22.6% Paint, Draw, Sculpt or Make Prints 22.5% Act 20.8% Do Leatherwork, Metalwork, or Woodwork 20.6% Do Scrapbooking, Origami, or Other Paper-Based Art 14.0% Make Pottery, Ceramics or Jewelry 9.8% 180 49 | P a g e Participating in Arts Learning Table Q – Percentage of Adults Who Took Formal Art Lessons or Classes in Past 12 Months Percentage Any Type of Art 9.5% Visual Arts17 3.6% Music 2.7% Art History or Appreciation 2.1% Dance 1.9% Creative Writing 1.7% Computer Animation or Digital Art 1.8% Photography or Filmmaking 1.6% Acting or Theatre 0.6% Table R – Percentage of Adults Who Took Informal Art Lessons or Classes in Past 12 Months Percentage Any Type of Art 17.2% Music 10.3% Visual Arts 6.3% Photography or Filmmaking 5.3% Art History or Appreciation 4.9% Dance 3.5% Creative Writing 3.1% Acting or Theatre 1.8% Computer Animation or Digital Art N/A 17 Drawing, Painting, Pottery, Weaving or Graphic Design 181 50 | P a g e Alternative Providers The following are potential alternate service providers in the Bozeman area. *Note: lists may not be all inclusive. Fitness: • Orangetheory Fitness • Fluid Motion Fitness • Access Fitness • Ridge Athletic Clubs • Ridge Athletic Clubs - Downtown • Fuel Fitness Bozeman • Altitude Athletics • Spire Climbing + Fitness - Main Facility • The Mountain Project • THE PITT TRAINING FACILITY • Epic Fitness Center • HELSE Lagree Fitness Studio • True Spirit CrossFit & Yoga • Main Street Fitness - Personal Training • Shroyer Gym • 9Round - Bozeman • Pure Barre • CrossFit Bozeman • StretchLab • Story Mill Community Center • Urban Fitness • The Practice Power Yoga • Story Mill Community Center • Bozeman Aerial Fitness • Sōl Barre Studio • HOTWORX - Bozeman, MT • Ekam Yoga • Like Iron Strength & Performance • Club Pilates • Hyalite CrossFit • Zephyr Cycling Studio • Lone Mountain Gymnastics • Muscular Millionaire • Your Yoga Bozeman • Lone Peak Physical Therapy and Performance - Bozeman • Swiss Fit Montana (may have closed) • Bozeman Power Yoga • North Dome Fitness Center • Prime Performance and Physio • Cove Athletic Club • Way Beyond Fitness • Emergence Movement & Wellness • Bridger Pilates • FITFIX Personal Training • Spire Climbing + Fitness - Training Center • SBG Bozeman - Brazilian Jiu Jitsu - Martial Arts - Gym • Ascend Movement Training • Mountain Yoga Bozeman • Montana Mixed Martial Arts • Peak Bodies Pilates • The Gym of Belgrade • Cutting Edge Martial Arts • F45 Training West Bozeman • Gallatin Valley YMCA • Bozeman Hot Springs • Snap Fitness Belgrade • Sparta OCR Training • CrossFit Belgrade • MT Feminine Movement Studio • Workout for Brain 182 51 | P a g e Aquatics • City of Bozeman Swim Center • City of Bozeman Bogert Pool • Wavefront Aquatics – website currently not functional but Facebook is current. • Black Bull Swim Center - Black Bull's swim facility features over a half-acre of land with 10,000 sq. ft. of pool decking and the focal point is the collegiate-size 30 foot by 82 foot pool. • Lone Mountain Gymnastics - Lone Mountain is an official member club of the United States Swim School Association, offering pre-school water comfort & acclimation through beginner & advanced swim classes. • Bozeman Brookies A swim club for competitive swim athletes, the Bozeman Brookies (BMA) provide a healthy, positive, motivating and safe environment to train for competition, fitness, and fun. • Ridge Athletic Clubs We provide private swim lessons, group swim lessons, and parent- tot classes. In addition, we have lap swimming, open swim times, water fitness classes for our members and guests, and adult-only hours which can be found on our pool schedule. • Story Mill Community Center • East Gallatin Rec – outdoor swimming beach 183 Project Cost Tracking - Concept Design - Bozeman Community Center Bozeman Branch Library, Aquatics and Recreation Facility 6/19/2023 Final Concept Design Costs with Contingencies Project Building Area:103,690 Shared Building Area 12,651 Library Building Area 21,433 Recreation Building Area 26,660 Aquatics Building Area 30,209 Locker Area 4,212 Building Support Spaces 8,525 Site area: (Construction Site Area)350,000 8.0 Total Site Area ITEM total NOTES $ Land Acquisition $4,500,000 Estimated Professional Services $8,635,823 Programming, Architecture & Engineering $7,945,323 Design Fees - Master Plan, Concept $432,500 Design Fees - Complete Post Bond $7,512,823 Estimated MEP Commissioning Services $150,000 LEED Consultant Services $0 Geotech Services $16,500 Surveying & Utility Locate Services $14,000 Security AV/IT Consultant $150,000 Interior Design Consultant $0 Inspections, testing, reviews $225,000 CMAR Conceptual Precon Services $35,000 Soft Cost Contingency $100,000 Infrastructure $617,000 Off-site Roadway Improvements (Traffic)$500,000 Water & Sewer Taps $0 Included in General Construction Irrigation Well Installation $32,000 Electrical Service (Fees, Meter, Install) $30,000 Natural Gas Service $20,000 Communications Service $20,000 Fiber Optic Service $15,000 FFE, Other Equipment $4,304,845 Fixtures & Furniture by Owner $3,614,845 Library Furniture & Equipment $1,300,230 Aquatics & Recreation General Furniture $281,500 Public Spaces Furniture $370,900 Building Support Equipment $354,584 Aquatics Specific Equipment $486,400 Recreation Specific Equipment $248,000 Audio Visual Equipment (Meeting Rooms)$342,500 Staff Computers $55,731 Security Equipment $175,000 Head end equipment by I.T. Dept. $250,000 Moving Costs - City Departments $40,000 Contingency on FF&E Items $400,000 Building Construction Total (BASE BID)$61,450,427 Includes Contractor General Conditions Shared Building Spaces $6,996,003 $553 sf Library Building Spaces $11,852,449 $553 sf Recreation Building Spaces $14,236,440 $534 sf Aquatics Building Spaces $22,294,242 $738 sf Locker Room Spaces (Shared)$2,329,236 $553 sf Building Support Spaces $3,742,057 $439 sf Site & Landcape Construction $6,616,046 Adjusted to match current costs locally - Recent Bid Total Base Bid Construction Cost $68,066,473 $656 sf 6/19/2023 - 10:56 AM Page #1 of 2 184 (ALTERNATES) Indoor Track + Site Amenities Indoor Walking / Jogging Track $3,084,000 Not Part of Base Bid Geothermal Field for Heating & Cooling (144 wells)$3,611,000 Not Part of Base Bid Skate Park | Skateable Art $300,000 Not Part of Base Bid Plaza / Small Bandstand (ice rink)$100,000 Not Part of Base Bid Bicycle "pump / flow" track $150,000 Not Part of Base Bid Nature Play Circuit $136,000 Not Part of Base Bid $7,381,000 Total Additive Alternate Items - Not in Base Bond Amount Construction Total (BASE BID) Design Contingency $3,403,324 5%Recommended Design Contingency Escalation Contingency @ 9%$6,125,983 9%Recommended Escalation Contingency (18 Months) Construction Contigency @ 3%$2,327,873 3%Three Percent of Base Bid Const. Cost Total Base Bid GMP $79,923,653 $771 sf Cost / SF Includes Site Development Costs Contingencies/Impact Fees/Other $4,158,610 Owner Contingency Items $2,327,873 Separate Owner Contingency Owner Construction Contingency $2,327,873 3.00%3 Percent of Base Bid Const. Cost Percent for Arts (1% Construction Cost) $799,237 Legal Costs for Bond Election $40,000 COB Carried Cost outside of Project Builder's Risk Insurance $225,000 COB Carried Cost outside of Project City of Bozeman Planning Review Fees $70,000 Planning Review Fee Only Building Permit Plan Review Fee $60,000 Plan Review Fee By Owner Building Permit Cost $34,000 Building Permit - DNI MEP Permits Water / Sewer Inspection & Meter Fee $2,500 Site Impact Fees $600,000 Estimated at this time Total: Project Costs $102,139,931 $985 sf 6/19/2023 - 10:56 AM Page #2 of 2 185 City of Bozeman Bozeman Community Center Operating Levy Line Detail Library Staffing Salary Benefits % Quantity Max Levy Amount Library Branch Manager 98,000$ 35.0% 1.00 132,300$ Librarian I Youth Services 77,085 35.0% 1.00 104,065 Library Assistant 57,304 35.0% 2.00 154,721 Library Aide II 48,215 35.0% 2.00 130,179 Library Assistant PT 28,652 8.5% 1.50 46,631 Library Aide PT 24,107 8.5% 1.00 26,156 Subtotal - Library Staffing Levy Amount 8.50 594,052$ Recreation & Facilities Full-Time (FT) Staff Salary Benefits % Quantity Max Levy Amount Recreation Center Manager 98,000 35.0% 1.00 132,300$ Admin Support 55,000 35.0% 2.00 148,500 Aquatics Coordinator 85,000 35.0% 1.00 114,750 Sports & Competition Coordinator 76,000 35.0% 1.00 102,600 Fitness Coordinator 76,000 35.0% 1.00 102,600 Youth Program Coordinator 76,000 35.0% 1.00 102,600 Adult/Senior Program Coordinator 76,000 35.0% 1.00 102,600 Maintenance Foreman 80,000 35.0% 1.00 108,000 Maintenance Tech 74,000 35.0% 1.50 149,850 Custodial 53,000 35.0% 5.00 357,750 Lifeguard 48,000 35.0% 6.00 388,800 Subtotal - Recreation FT Staffing Levy Amount 21.50 1,810,350$ Recreation Part-Time (PT) Staff Rate Hours/yr Benefits Rate Max Levy Amount Building Supervisor 26.00 2,692.50 8.5% 75,955$ Lead Front Desk 25.00 4,065.00 8.5% 110,263 Front Desk 22.00 6,153.00 8.5% 146,872 Lead Lifeguard 24.00 2,512.50 8.5% 65,426 Lifeguard 22.00 20,060.00 8.5% 478,832 Bldg Attendant 22.00 1,372.50 8.5% 32,762 Fitness 22.00 6,500.00 8.5% 155,155 Gym Attendant 22.00 2,272.50 8.5% 54,245 Recreation Program Leaders (6 PT Staff) 8.5% 155,698 Rentals Program 8.5% 7,161 Aquatics Program 8.5% 76,075 Subtotal - Recreation PT Staffing Levy Amount 1,358,444$ Special Services Staffing Salary Benefits % Quantity Max Levy Amount Special Services Officer 69,826 35.0% 1.00 94,265$ Special Services Officer 69,826 35.0% 1.00 94,265 Special Services Supervisor 84,325 35.0% 0.40 45,536 Subtotal - Special Services Staffing Levy Amount 2.40 234,066$ 1 of 3 186 City of Bozeman Bozeman Community Center Operating Levy Line Detail Library Operations Max Levy Amount Books & reference materials 86,500$ Programs materials 50,000 Newspaper, magazines, and digital subscriptions 57,700 Office & computer supplies 26,800 Contracted services 43,200 Travel & training 4,600 Advertising 1,200 Membership dues & certifications 1,200 Subtotal - Library Operations Levy Amount 271,200$ Recreation Operations Max Levy Amount Office supplies 6,000$ Chemicals 80,000 Maintenance, repair & materials 40,000 Recreation supplies 25,000 Safety supplies 6,000 Uniforms 9,000 Printing & postage 5,000 Vending opportunities - re-sale 1,000 Gasoline & oil 1,500 Contractual instructors 35,000 Fitness equipment lease 120,000 Equipment maintenance 20,000 Monitor services 5,000 Rental equipment 10,000 Advertising 15,000 Travel & training 15,000 Membership dues & certifications 4,500 Bank charges 57,650 Software maintenance 19,217 Subtotal - Recreation Operations Levy Amount 474,867$ Utilities & Maintenance Costs Max Levy Amount Chemicals 1,700$ Janitorial & building supplies 44,500 Equipment maintenance 57,850 Building maintenance 25,215 Landscaping & parking lot maintenance 103,100 Electricity & natural gas 401,697 Water, wastewater & stormwater charges 79,200 Telephone charges 1,000 Solid waste disposal 12,000 Access control agreement & supplies 31,150 Janitorial contract 335,000 Courier service 6,000 City assessments (based on 8.77 acre property) 33,692 Liability & property insurance 341,200 Insurance deductibles 5,000 Subtotal - Utility & Maintenance Costs 1,478,304$ 2 of 3 187 City of Bozeman Bozeman Community Center Operating Levy Line Detail Recreation Revenue Estimates Levy Offset Daily Admission Fee Revenue (162,600)$ Punch Passes (14,880) Membership Fee Revenue (1,082,813) Aquatic Programs (106,860) Recreation Program (215,250) Fitness Programs (62,064) Special Events (56,000) Re-sale (1,500) Pool Practice Rentals (183,600) Leisure Pool Rentals (9,600) Other Rentals (26,500) Subtotal - Recreation Revenue Estimates (1,921,667)$ Non-Operating Costs Max Levy Amount Central Services Support - 10% of annual expenditures 622,128$ Capital Maintenance - 1% of total cost of construction 799,237 Subtotal - Non-Operating Costs 1,421,365$ Total - Maximum Operating Levy in 2023 $ 5,720,981$ 2024 Inflation Factor 4.0% 5,949,820 2025 Inflation Factor 4.0% 6,187,813 2026 Inflation Factor 4.0% 6,435,326 Grand Total - Maximum Operating Levy in 2026 $ 6,435,326$ 3 of 3 188 Bozeman Community Center Mill Levies 6/27/2023 Assumptions Interest Rate for Debt 4.5% Mill value (FY24 recommended budget)190,436 Costs Construction Operating Total Construction Cost to City 99,000,000$ n/a Annual cost 7,610,700$ 6,435,327$ 14,046,027$ # mills 39.96 33.79 73.75 Annual Cost Construction Levy Operating Levy Total per $100,000 of assessed market value 53.95$ 45.62$ 99.57$ per $300,000 of assessed market value 161.85$ 136.86$ 298.71$ per $600,000 of assessed market value 323.70$ 273.72$ 597.42$ per $467,000 (FY23 median)251.95$ 213.05$ 464.96$ 189 RESOLUTION NO. 5496 A RESOLUTION OF THE BOZEMAN CITY COMMISSION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTIONS OF (I) FOR THE PURPOSE OF PROMOTING PUBLIC HEALTH, LITERACY, AND COMMUNITY EVENTS, ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN A TOTAL PRINCIPAL AMOUNT OF UP TO NINETY-NINE MILLION AND NO/100 DOLLARS ($99,000,000.00) TO PAY COSTS OF ACQUIRING LAND AND DESIGNING, CONSTRUCTING, FURNISHING, AND EQUIPPING THEREON THE BOZEMAN COMMUNITY CENTER TO CONSIST OF AN AQUATICS CENTER, RECREATION CENTER, BRANCH LIBRARY, AND COMMUNITY GATHERING SPACE, AND RELATED IMPROVEMENTS AND COSTS, AND PAYING COSTS ASSOCIATED WITH THE SALE AND ISSUANCE OF THE BONDS; AND (II) FOR THE PURPOSE OF PAYING COSTS OF OPERATING, MAINTAINING, REPAIRING, AND PROVIDING SERVICES TO OR IN SUPPORT OF THE BOZEMAN COMMUNITY CENTER, PERMANENTLY INCREASING MILL LEVIES OF THE CITY BE IT RESOLVED, by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) as follows: Section 1 Recitals. It is hereby found, determined and declared as follows: 1.01. Authorization. The City is authorized pursuant to Section 7-7-4221, Montana Code Annotated, upon approval of the electorate of the City, to issue general obligation bonds pledging the general credit of the City for any purpose authorized by law, provided that such indebtedness will not cause the total indebtedness of the City to exceed 2.5% of the total assessed value of taxable property of the City, determined as provided in Section 15-8-111, Montana Code Annotated, ascertained by the last assessment for state and county taxes. In addition, pursuant to Section 7-7-4223, Montana Code Annotated, the Commission is authorized to call a bond election by adopting a resolution to that effect. The Commission is also authorized pursuant to Section 15- 10-425, Montana Code Annotated, to increase its mill levies for a specific purpose by conducting a mill levy election as prescribed by law. 190 2 1.02. Proposed Project and Bonds. The Commission has determined that, due to population growth and other factors, the demand for aquatics, recreation, library, and community event services has increased and the current City facilities are inadequate to meet the demand. To address these deficiencies in the community, the Commission hereby determines there should be submitted to the qualified electors of the City the question of whether the Commission shall be authorized to sell and issue general obligation bonds of the City in one or more series to obtain funds for the purpose of promoting public health, literacy, and community events by paying costs of acquiring land and designing, constructing, furnishing, and equipping thereon the Bozeman Community Center to consist of an aquatics center, recreation center, branch library, and community gathering space, and related improvements and costs, and paying costs associated with the sale and issuance of the bonds, which bonds shall bear interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, and subject to redemption as required by law. It is the judgment of the Commission that the total principal amount of up to Ninety-Nine Million and No/100 Dollars ($99,000,000.00) in general obligation bonds will be necessary to carry out the purpose set forth above. It is also the judgment and determination of the Commission that such general obligation bonds may be issued in multiple series, each series payable during a term not to exceed twenty (20) years and subject to redemption as provided by law. 1.03. Debt Limitation. The Commission has determined that the issuance of general obligation bonds in the total principal amount of Ninety-Nine Million and No/100 Dollars ($99,000,000.00) together with the outstanding principal amounts of all other general obligation indebtedness of the City will not cause the City to exceed its general obligation indebtedness limitation, which is currently calculated to be $275,533,466 (i.e., 2.50% x $11,021,338,679). 1.04. Mill Levy. In addition, the City Commission has determined that it is in the best interests of the City to seek authority for a permanent mill levy increase to pay costs of operating, maintaining, repairing, and providing services to or in support of the Bozeman Community Center by presenting to the voters a mill levy question. The City will account for mill levy receipts in specific funds associated with the Bozeman Community Center. However, employees, such as lifeguards and librarians, as well as goods and materials, such as library books and aquatics 191 3 equipment, may circulate among the Bozeman Community Center and other City facilities, such as the Swim Center or Main Street Library. Section 2 Calling of the Election. The Commission hereby calls and directs that an election be held in conjunction with the general election on November 7, 2023, to be conducted in accordance with the provisions of Title 13, Chapter 19, Parts 1-3, Montana Code Annotated (the “Mail Ballot Act”), for the purpose of voting on the following questions: Proposed General Obligation Bonds For the purpose of promoting public health, literacy, and community events, shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in a total principal amount of up to Ninety-Nine Million and No/100 Dollars ($99,000,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, to pay costs of acquiring land and designing, constructing, furnishing, and equipping thereon the Bozeman Community Center to consist of an aquatics center, recreation center, branch library, and community gathering space, and related improvements and costs, and paying costs associated with the sale and issuance of the bonds? If this bond proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $53.95 in the first year, of $300,000 would increase by $161.85 in the first year, and of $600,000 would increase by $323.70 in the first year. An increase in property taxes may lead to an increase in rental costs. The City Commission has determined that in conjunction with the bond proposition it is in the best interests of the City to seek authority for a permanent mill levy increase to pay certain costs and expenses by presenting to the voters the following question: 192 4 Proposed Mill Levy For the purpose of paying costs of operating, maintaining, repairing, and providing services to or in support of the Bozeman Community Center, shall the City Commission of the City of Bozeman, Montana be authorized to levy permanently up to 33.79 mills per year, currently raising approximately $6,435,327.00 annually? If this mill levy proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $45.62 per year, of $300,000 would increase by $136.86 per year, and of $600,000 would increase by $273.72 per year. An increase in property taxes may lead to an increase in rental costs. If the above bond proposition passes and the above mill levy proposition fails, the City may, in its discretion, proceed with issuing the bonds for the purpose described in the bond proposition. If the bond proposition fails and the mill levy proposition passes, the City will not proceed with the mill levy. Section 3 Assumptions Underlying Tax Impact. As required by law, each of the bond question and mill levy question contains a tax impact statement. The tax impact statement regarding the bonds assumes that (i) the dollar amount raised by the levy of 1 mill is equal to the estimated dollar amount of 1 mill as set forth in the City’s fiscal year 2024 preliminary budget, (ii) the bonds are issued in one series and in the maximum principal amount set forth in the bond ballot question, (iii) the term of the bonds is 20 years, and (iv) the average annual interest rate on the bonds is 4.5%. The tax impact statement regarding the mill levy assumes that the dollar amount raised by the levy of 1 mill is equal to the estimated dollar amount of 1 mill as set forth in the City’s fiscal year 2024 preliminary budget. Section 4 Conduct of Election. All qualified electors of the City shall be entitled to vote at the bond election and mill levy election. The City Clerk is hereby authorized and directed to give notice of the call and details of this election to the Gallatin County Election Administrator promptly and in any 193 5 event on or the before the date required by the Gallatin County Election Administrator. The Gallatin County Election Administrator is requested to give notice of the close of registration and thereafter prepare printed lists of the qualified electors in the City entitled to vote in the election in the City and to conduct the election in the form and manner prescribed by law and consistent with the Mail Ballot Plan. Section 5 Notice of Election. The City Clerk or the Gallatin County Election Administrator, as appropriate, is hereby authorized and requested to cause notice of the call and holding of the election to be given by publishing notice at least three times no earlier than 40 days and no later than 10 days before the election in the Bozeman Daily Chronicle, a newspaper of general circulation in Gallatin County. The notice of election as published shall read substantially as shown on Exhibit A hereto (which is incorporated by reference and made a part hereof), with such additions or deletions or updates as are determined necessary or desirable. Section 6 Forms of Ballots. The ballots shall be printed in substantially the following forms, with such additions or deletions or updates as are determined necessary or desirable: 194 6 FORM OF OFFICIAL BALLOT CITY OF BOZEMAN, MONTANA GENERAL OBLIGATION BOND ELECTION BOZEMAN COMMUNITY CENTER NOVEMBER 7, 2023 INSTRUCTIONS TO VOTERS: Completely fill in the oval using a blue or black ink pen before the words “BONDS–YES” if you wish to vote for the bond issue; if you are opposed to the bond issue, completely fill in the oval using a blue or black ink pen before the words “BONDS–NO.” For the purpose of promoting public health, literacy, and community events, shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in a total principal amount of up to Ninety-Nine Million and No/100 Dollars ($99,000,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, to pay costs of acquiring land and designing, constructing, furnishing, and equipping thereon the Bozeman Community Center to consist of an aquatics center, recreation center, branch library, and community gathering space, and related improvements and costs, and paying costs associated with the sale and issuance of the bonds? If this bond proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $53.95 in the first year, of $300,000 would increase by $161.85 in the first year, and of $600,000 would increase by $323.70 in the first year. An increase in property taxes may lead to an increase in rental costs. BONDS—YES BONDS—NO 195 7 FORM OF OFFICIAL BALLOT CITY OF BOZEMAN, MONTANA MILL LEVY ELECTION BOZEMAN COMMUNITY CENTER NOVEMBER 7, 2023 INSTRUCTIONS TO VOTERS: Completely fill in the oval using a blue or black ink pen before the words “MILL LEVY—YES” if you wish to vote for the mill levy; if you are opposed to the mill levy, make an X or similar mark in the oval before the words “MILL LEVY—NO”. For the purpose of paying costs of operating, maintaining, repairing, and providing services to or in support of the Bozeman Community Center, shall the City Commission of the City of Bozeman, Montana be authorized to levy permanently up to 33.79 mills per year, currently raising approximately $6,435,327.00 annually? If this mill levy proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $45.62 per year, of $300,000 would increase by $136.86 per year, and of $600,000 would increase by $273.72 per year. An increase in property taxes may lead to an increase in rental costs. MILL LEVY—YES MILL LEVY—NO 196 8 Section 7 Notice to County Election Administrator. A copy of this Resolution will be provided to the Gallatin County Election Administrator as soon as practicable after its adoption and approval in order to inform the Election Administrator of the details of the special election and the pertinent requests and authorizations as to the conduct of the special election. Section 8 Reimbursement Expenditures. (a) The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. (b) Other than (i) expenditures to be paid or reimbursed from sources other than the bonds, (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for a project within the scope of this resolution have been paid by the City before the date 60 days before the date of adoption of this resolution. (c) The City reasonably expects to reimburse the expenditures made for costs of such a 197 9 project out of the proceeds of bonds in an estimated maximum aggregate principal amount of up to $99,000,000.00 after the date of payment of all or a portion of the costs of such a project. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. (d) As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to such a project, other than pursuant to the issuance of the bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. (e) The City Finance Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the project. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds or the project and shall specifically identify the actual original expenditure being reimbursed. 198 10 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this ___ day of ______________, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 199 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and appointed City Clerk of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5496 entitled: “A RESOLUTION OF THE BOZEMAN CITY COMMISSION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTIONS OF (I) FOR THE PURPOSE OF PROMOTING PUBLIC HEALTH, LITERACY, AND COMMUNITY EVENTS, ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN A TOTAL PRINCIPAL AMOUNT OF UP TO NINETY-NINE MILLION AND NO/100 DOLLARS ($99,000,000.00) TO PAY COSTS OF ACQUIRING LAND AND DESIGNING, CONSTRUCTING, FURNISHING, AND EQUIPPING THEREON THE BOZEMAN COMMUNITY CENTER TO CONSIST OF AN AQUATICS CENTER, RECREATION CENTER, BRANCH LIBRARY, AND COMMUNITY GATHERING SPACE, AND RELATED IMPROVEMENTS AND COSTS, AND PAYING COSTS ASSOCIATED WITH THE SALE AND ISSUANCE OF THE BONDS; AND (II) FOR THE PURPOSE OF PAYING COSTS OF OPERATING, MAINTAINING, REPAIRING, AND PROVIDING SERVICES TO OR IN SUPPORT OF THE BOZEMAN COMMUNITY CENTER, PERMANENTLY INCREASING MILL LEVIES OF THE CITY” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission at a meeting on [___________], 2023, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commission Members voted in favor thereof: ________________________________ ______________________________ ; those Commissioners who voted against the same: _____________________________ . WITNESS my hand and seal officially this __ day of [__________], 2023. (SEAL) MIKE MAAS City Clerk 200 A-1 EXHIBIT A NOTICE OF GENERAL OBLIGATION BOND ELECTION AND ASSOCIATED MILL LEVY ELECTION BOZEMAN COMMUNITY CENTER CITY OF BOZEMAN, MONTANA NOVEMBER 7, 2023 NOTICE IS HEREBY GIVEN by the City Commission (the “Commission”) of the of Bozeman, Montana (the “City”), that pursuant to a resolution duly adopted at a meeting of the Commission on ___________, 2023, an election of the registered voters of the City will be held in conjunction with the general election on November 7, 2023, for the purpose of voting on the following questions: Proposed General Obligation Bonds For the purpose of promoting public health, literacy, and community events, shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in a total principal amount of up to Ninety-Nine Million and No/100 Dollars ($99,000,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, to pay costs of acquiring land and designing, constructing, furnishing, and equipping thereon the Bozeman Community Center to consist of an aquatics center, recreation center, branch library, and community gathering space, and related improvements and costs, and paying costs associated with the sale and issuance of the bonds? If this bond proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $53.95 in the first year, of $300,000 would increase by $161.85 in the first year, and of $600,000 would increase by $323.70 in the first year. An increase in property taxes may lead to an increase in rental costs. Proposed Mill Levy For the purpose of paying costs of operating, maintaining, repairing, and providing services to or in support of the Bozeman Community Center, shall the City Commission of the City of Bozeman, Montana be authorized to levy permanently up to 33.79 mills per year, currently raising approximately $6,435,327.00 annually? If this mill levy proposition passes, it is estimated that property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $45.62 per year, of $300,000 would increase by $136.86 per year, and of $600,000 would increase by $273.72 per year. An increase in property taxes may lead to an increase in rental costs. 201 A-2 The election will be conducted solely by mail ballot. Ballots will be mailed to all eligible registered voters in the City on October [__], 2023, and must be returned by each voter, to the Gallatin County Election Administrator, 311 W. Main Street, Room 210, Bozeman, Montana 59715, or ballots may be delivered in person to the Gallatin County Election Office, 311 W. Main Room 210, in Bozeman, during regular business hours (8:00 a.m. to 5:00 p.m.) weekdays (exclusive of holidays) October [__], 2023 through November 6, 2023, or to such other locations and at such other times as are designed by Gallatin County instructions. On Election Day, November 7, 2023, the only places for deposit of voted ballots will be the office of the Gallatin County Election Administrator and such other ballot drop-off locations as are identified in the election instructions provided by the Gallatin County Election Administrator, which will be open from 7:00 a.m. to 8:00 p.m. All ballots will be tallied in the office of the Gallatin County Election Administrator on November 7, 2023 as required by law. A qualified voter who will be absent from the City during the time the election is being conducted may: (a) vote in person in the office of the Gallatin County Election Administrator as soon as the ballots are available and until 8:00 p.m. on Election Day; noting that voter registration is closed at noon on November 6, 2023 for the balance of that day; or (b) make a written request prior to noon on November 6, 2023, signed by the applicant and addressed to the office of the Gallatin County Election Administrator requesting the ballot be mailed to an address other than that which appears on the registration records. An elector may obtain a replacement ballot if his or her ballot is destroyed, spoiled, lost, or not received by the elector, by filling out and mailing, emailing, or faxing back a completed replacement ballot request form or by personally appearing at the office of the Gallatin County Election Administrator at 311 W. Main Room 210, in Bozeman. Ballots may be returned in person at the places of deposit listed in the election instructions of the Gallatin County Election Administrator, or returned by mail. If returning by mail, please use the then-prevailing first-class-postage price or one Forever Stamp. Postmark date does not apply; ballots returned by mail must be received by the 8:00 p.m. Election Day deadline to be counted. Electors who miss the close of registration deadline may register late and vote in the election if the County Election Administrator receives and verifies the electors’ voter registration information prior to 8 p.m. on November 7, 2023. DATED this ____ day of ______________, 2023. /s/Eric Semerad Gallatin County Election Administrator Publish: October [__], 2023, October [__], 2023, and October [__], 2023 202 A-3 203 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Ordinance 2145, Provisional Adoption Amending an Urban Renewal Plan for the Bozeman, Midtown Urban Renewal District MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2145. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating and eliminating citizen advisory boards to provide “consistency, predictability and stability”. During that work session, the City Commission provided direction to staff to eliminate the advisory boards for all the urban renewal districts except the Downtown Urban Renewal District. The Ordinances the City Commission is considering reflect that direction to staff. Eliminating the advisory board for the Midtown Urban Renewal District requires amendment of the Midtown Urban Renewal Plan. The Midtown Urban Renewal Plan includes references to a board. Urban renewal plans must be adopted and amended by Ordinance following a noticed public hearing. State Law also requires that the Planning Board hold a hearing on the conformity of proposed urban renewal plan with the growth policy. The Community Development Board, acting as the Planning Board, adopted staff’s findings and conclusion that the proposed urban renewal plan was in conformance with City’s adopted growth policy, the Bozeman Community Plan 2020. The proposed amended Midtown Urban Renewal Plan makes changes to the Plan related to boards and administration of the district but does not alter the goals or other parts of the Plan. Please follow the link to a redlined version of the Midtown Urban Renewal 204 Plan, as amended. A clean copy of the amended plan is included in the packet materials. Following any provisional adoption of Ordinance 2145, staff intends to return to the City Commission with a Resolution assigning the urban renewal powers of the City, for this district, to the Director of Economic Development. Work plans and budgets for the districts would continue to be prepared by economic development staff and presented to the City Commission during the regular budget process. The City Commission will continue to approve contracts and urban renewal projects consistent with current practices. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:There are no fiscal effects related to the adoption of this Ordinance. Attachments: MURD_BCP_Conformance_Staff_Memo_062123.docx 230711 Murb Plan Ord_final.pdf Midtown Urban Renewal District Plan AMENDED FINAL.pdf Report compiled on: July 7, 2023 205 To:Community Development Board (acting as the Planning Commission) From:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Meeting Date:June 27, 2023 Subject:Midtown Urban Renewal Plan Amendment and Conformity with the Growth Policy (Bozeman Community Plan 2020) Overview On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted at that time it would be infeasible to consolidate the Midtown Urban Renewal Board into any of the five strategic boards. Staff recommended amending the district’s urban renewal plan to designate the City Commission to serve as the Midtown Urban Renewal Board. The Midtown Urban Renewal Board was formed at the inception of the District and as such, a board structure was written into the urban renewal district plan. The board has been responsible for reviewing projects, workplans, and budgets and providing recommendations to the City Commission. Despite no changes to the purpose, goals or proposed actions of the Midtown Urban Renewal Plan, for the City Commission to take on the functions of the board, the Plan must be amended. An amendment of the Midtown Urban Renewal Plan requires1 that it be found to be in conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan 2020. Below is a summary demonstrating how the goals of the Midtown Urban Renewal Plan conform with the themes and goals established in the Bozeman Community Plan 2020. 1 7-15-4213. Review of urban renewal plan by planning commission.(1) Prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy or parts of the growth policy for the development of the municipality as a whole if a growth policy has been adopted pursuant to Title 76, chapter 1. (2) The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 60 days after receipt of the plan. 206 Staff Conclusion After a thorough review and analysis of the themes and goals of the Bozeman Community Plan (BCP) and the goals of Midtown Urban Renewal Plan (URP), staff concludes that the Midtown URP, as amended, is in conformance with the BCP. Staff Findings Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating conformance. URPGOAL #1–PROMOTE ECONOMIC DEVELOPMENT URP Goal #1, Promote Economic Development, is in conformance with BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1. URP Goal #1:“Economic vitality strengthens the community, provides for physical needs of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to blight.” BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and thriving economic center.” URPGOAL #2–IMPROVE MULTI-MODAL TRANSPORTATION URP Goal #2, Improve Multi-Modal Transportation, is in conformance with BCP Theme 5: A City That Prioritizes Accessibility and Mobility Choices, Goal M-1. Midtown URP Goal #2’s also conforms with BCP Theme 5, Goal M-2. URP Goal #2: “Increasing travel options supports public health, reduces resource demand, increases efficiency and reduces costs, improving the quality of life and making the community a better place to live and work, helping to eliminate conditions that contribute to blight.” BCP Goal M-1: “Ensure multimodal accessibility.” BCP Goal M-2: “Ensure multimodal safety.” URPGOAL #3–IMPROVE,MAINTAIN AND SUPPORT INNOVATION IN INFRASTRUCTURE UPR Goal #3, Improve, Maintain and Support Innovation in Infrastructure, and the goal’s specific initiatives are in conformance with BCP Theme 3: A City Bolstered by Downtown and 207 Complementary Districts, Goals DCD-2 and DCD-3. Specific initiatives of URP Goal #3 also conform to BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1. URP Goal #3: “Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Therefore, capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight.” BCP 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.” BCP Goal DCD-3: “Ensure multimodal connectivity within the City.” BCP Goal EE-1: “Promote the continued development of Bozeman as an innovative and thriving economic center.” URPGOAL #4–PROMOTE UNIFIED,HUMAN SCALE URBAN DESIGN URP Goal #4, Promote Unified, Human Scale Urban Design, and the goal’s specific initiatives are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-1 and N-4. URP Goal #3: “Protecting and building upon existing physical assets increases vitality, desirability and leverages economic development, strengthening community values and mutual support helping to eliminate the conditions that contribute to blight.” BCP Goal N-1: “Support well-planned, walkable neighborhoods.” BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.” URPGOAL #5–SUPPORT COMPATIBLE URBAN DENSITY MIXED LAND USES URP Goal #5, Support Compatible Urban Density Mixed Land Uses, and the goal’s specific initiatives are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-2 and N-3. URP Goal #3: “A sense of place is strengthened by a strong core identity. Increasing live- work opportunities and community interaction, ensures that the North 7th Avenue area remains a great place to live, work, operate a business, and play, and helps to eliminate conditions that contribute to blight.” BCP Goal N-2: “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” 208 BCP Goal N-3: “Promote a diverse supply of quality housing units.” 209 Ord 2145 Page 1 of 4 ORDINANCE 2145 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ADOPTING AN AMENDED MIDTOWN URBAN RENEWAL PLAN FRELATED TO THE ADMINISTRATION OF THE DISTRICT AND ASSIGNING TO THE CITY THE AUTHORITY TO EXERCISE URBAN RENEWAL POWERS. WHEREAS, on August 22, 2005, the Bozeman City Commission adopted Resolution No. 3839, declaring that blighted areas exist within the municipality and that the rehabilitation, redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality; and WHEREAS, on November 27, 2006 the City Commission passed, adopted, and finally approved Ordinance 1685, which adopted an urban renewal plan for the Bozeman Midtown Urban Renewal District; and WHEREAS, the Midtown Urban Renewal Plan established an advisory board for the Midtown Urban Renewal District; and WHEREAS, as set forth in Bozeman’s Strategic Plan 1.2, consolidating the city’s Citizen Advisory Boards includes the consolidation of the city’s urban renewal boards; WHEREAS, eliminating the the Midtown Urban Renewal District and assigning urban renewal powers to the City requires an amendment of the administration of the district by amending the Midtown Urban Renewal Plan; WHEREAS, on September 15, 2015, the City Commission passed and adopted Resolution 4639, which amended the Bozeman Midtown Urban Renewal District; and WHEREAS, on December 16, 2015 the City Commission passed, adopted, and finally approved Ordinance 1925, which amended the urban renewal plan for the Bozeman Midtown Urban Renewal District; and 210 Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan) Page 2 of 4 WHEREAS, as required by Mont. Code Ann. §§ 7-15-4214 and 4215 (2021), notice of the public hearing on the amended Midtown Urban Renewal Plan was published on June 17 and 24, 2023, and such notice conformed to all statutory requirements; and WHEREAS, as required by Mont. Code Ann. § 7-15-4213, on June 26, 2023 the City’s Community Development – Planning Board found that the proposed, amended Midtown Urban Renewal Plan conformed with the Bozeman 2020 Community Plan and its stated, adopted growth policy for Bozeman; and WHEREAS, on July 18, 2023 the Bozeman City Commission held a public hearing to consider the proposed, amended Midtown Urban Renewal District Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The amended plan for the Midtown Urban Renewal District, attached here as Exhibit A, is hereby adopted. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. 211 Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan) Page 3 of 4 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall 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. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor 212 Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan) Page 4 of 4 ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 213 BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT July 2023 214 Table of Contents Chapter 1. Introduction and Overview ........................................................ 1 Chapter 2. Description of the Bozeman Midtown Urban Renewal District 7 Chapter 3. Documentation of Blight .......................................................... 20 Chapter 4. Planning Consistency ............................................................... 26 Chapter 5. Goals and Strategies ................................................................. 32 Chapter 6. Project Evaluation Criteria ..................................................... 39 Chapter 7. Implementation ......................................................................... 42 Appendix A. Public Meeting Summaries ................................................... 53 Appendix B. Planning Consistency Review ............................................... 57 215 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 1 Chapter 1. Introduction and Overview In February 2005, the Bozeman City Commission directed city staff, pursuant to the provisions of the State of Montana Urban Renewal Law, to examine conditions along North 7th Avenue and adjacent lands, in the midtown area of the City of Bozeman and report to the City Commission as to “the need for, desirability of, and feasibility of creating an urban renewal program”. The area examined was largely comprised of automobile oriented, strip commercial development built on and adjacent to North 7th Avenue in the 1960’s and 70’s, in response to transportation-related improvements to Interstate 90 and Oak Street. These improvements have significantly influenced the platting of land and land-use, access, traffic and circulation, and development patterns in the area. In addition to the primary commercial corridor, portions of the residential neighborhoods that adjoin the North 7th Avenue to the east and west were also examined. These areas were included in order to assure that any proposed urban renewal activities in the North 7th Avenue corridor would carefully consider issues associated with these well-established residential areas. More particularly, the area that was studied in 2005 included “the commercially zoned property between North 5th Avenue and North 8th Avenue from Main Street north to the city limits, vacant R-4 zoned parcels between Tamarack Street and Oak Street from North 5th Avenue to North 3rd Avenue right of way extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue right of way extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue right of way extended and the North Black Avenue alignment. Between West Main Street and West Lamme Street, the original study area extended east only as far as a point roughly mid-block between North 7th and North 5th Avenues.” The information gathered in the 2005 investigation indicated that the area was eligible for designation as an urban renewal district (URD) under 7-15-4201 et. seq MCA (the Montana Urban Renewal Law), primarily due to: • the defective or inadequate street layout identified within the study area • instances of known deterioration • inadequate provisions and/or age obsolescence of the following public improvements within the study area: storm drain, streets and sidewalks • instances of age obsolescence of buildings within the study area • inappropriate or mixed uses of land or buildings • deterioration of site; and improper subdivision or obsolete platting Based on these findings, the City Commission adopted Resolution 3839, a Resolution of Necessity, in August of 2005 and subsequently approved Ordinance 1685, on November 27, 2006. The ordinance created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal District Plan with a provision for tax increment financing, to be calculated using a base year of 2006. The Commission established a North Seventh Avenue Urban Renewal Board (NSURB) to serve in an advisory capacity to the Commission in planning for, implementing and administrating a program of rehabilitation and revitalization for the District. 216 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 2 The 2006 Plan notes that the North 7th Avenue is a vital part of the City of Bozeman and is an established entryway corridor that extends from I-90 south to Main Street. In the city's rating system, this is a Class II corridor, which is automobile-oriented; however, it has the potential to become more pedestrian-oriented while serving its arterial function. It serves as a major circulation corridor and is home for a variety of businesses that contribute to the vitality of the community. Historically, it served as the first north-south corridor for automobiles in the City and was the community’s first connection to Interstate 90. Visitors and residents alike recall a lovely tree-lined avenue that served as a gateway to Montana State University. However, important as it is today, North 7th Avenue’s full potential has not been fully realized. While the North Seventh Avenue Urban Renewal program has supported revitalization activities in the district, some issues remain. These include the lack of connection to other parts of the city and the failure to diversify the types of uses and achieve the degree of intensity of development that could occur. A key objective of the Plan was to establish a district identity for the corridor and the subareas within it. This objective has been partially met through the installation of trees, boulevards and other elements in a portion of the corridor in recent years, but the area remains without a unifying identity. In March of 2015, the City Commission provided funding for the NSURB to examine several areas adjacent to the North Seventh Avenue Urban Renewal District, to determine whether the district could be expanded in order to better meet its goals and objectives. The NSURB had become concerned that the failure to address blighted conditions in these areas had stymied rehabilitation and redevelopment within the existing district. In addition, the existing North Seventh Avenue Urban Renewal District was, in some places, only one block from the Downtown Area Urban Renewal District, further exacerbating the lack of connectivity between the two areas. While the area in between was characterized by the same conditions that were present in both districts, it could not take advantage of ongoing urban renewal programs. The NSURB directed that seven areas, adjacent to the existing urban renewal district, be evaluated as to whether it would be appropriate to expand the district to include all or some of these areas. These areas are as follows: 1. Southern Boundary Area, North Side of West Main Street - An area on the east side of the southern boundary of the urban renewal district was reviewed. It is bounded by Lamme Street on the north, West Main Street on the south, North 3rd Avenue on the east and North 6th Avenue on the west. This area is located between two existing urban renewal districts, the North Seventh Avenue and the Downtown Urban Renewal Districts. The conditions of blight in this area are similar to those found inside each of these districts. 217 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 3 2. Southern Boundary Area, South Side of West Main Street – An area located just south of the southern boundary of the North Seventh Avenue Urban Renewal District was examined. It is bounded on the north by West Main Street, on the south by West Babcock Street, on the west by South 9th Avenue and on the east by South 5th Avenue. This area exhibits conditions of blight similar to the two adjacent urban renewal districts and exclusion has resulted in limited reinvestment. 3. The Whittier School Remainder – While some of the Whittier School property is in the original district, a portion of the property owned by the School District was not included. The area is directly south and southwest of the Whittier School and includes the playground and the school parking lot. 4. East Side Property – This area is located to the east of the existing urban renewal district and is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North 5th Avenue and on the east by North 3rd Avenue. The area includes an improved BMX Park that has seen significant use and public investment in recent years. However, the overall area of the East Side Property exhibits a number of blighted conditions. 5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by the future 11th Avenue, excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. It is largely vacant and lacks adequate infrastructure and provides no access to areas to the west. In effect, it forms a barrier between the urban renewal district and the neighborhoods to the west. This in turn negatively affects revitalization efforts. 6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. It is adjacent to several area hotels, but is largely vacant, and underutilized. 7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. This area is located between the existing North Seventh Avenue Urban Renewal District and an existing tax increment financing industrial district. Its exclusion has made it ineligible to benefit from various urban renewal and infrastructure programs. The investigation’s findings revealed that these areas exhibited conditions of blight as defined in the Montana Urban Renewal Law and that the improvement of these areas would benefit the overall North Seventh Avenue Urban Renewal program. On September 14, 2015, the Bozeman City Commission, with support from the NSURB, adopted Resolution 4639, a Resolution of 218 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 4 Necessity, finding that “the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.” (7-15-4210 MCA) This in turn, provided the basis for amending the existing urban renewal plan and district boundary to include any or all of these areas which were identified in the Resolution. Therefore this urban renewal plan amends the existing North Seventh Avenue Urban Renewal District to incorporate these additional areas. The ordinance adopting the amended plan and district boundary will also establish a new name for the District. It will be known as the Bozeman Midtown Urban Renewal District, to more accurately reflect the size and location of the areas included. Statement of Purpose – Bozeman Midtown Urban Renewal District Plan To address blighted conditions in the Midtown area, the City of Bozeman is continuing its program of redevelopment and revitalization within and adjacent to the North 7th Avenue corridor through the expansion of the urban renewal district. The new district boundary and amended plan will be adopted by ordinance, which will provide for a new name for the district – the Bozeman Midtown Urban Renewal District. The Plan includes a provision to use tax increment financing, as funds become available, in addition to other resources in implementing its goals and strategies. The Plan provides a context for activities that will be undertaken by a variety of public and private entities. It recommends a series of programs and projects that may be undertaken by the local government to encourage reinvestment in the district, which will in turn address conditions that have diminished the environmental, economic and cultural well being of the area over time. Although the Montana Urban Renewal Law recognizes that eliminating the conditions that are referred to as urban blight is a matter of general public interest, this Plan has been developed, based on the underlying principle that it is the citizens who work, reside and own property in the area who will be engaged directly in the revitalization effort. Guiding Principles This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this end the following principles, further described in Chapter 6, will guide revitalization and redevelopment efforts in the URD.  Readiness  Leveraging  Design  Public-Private Partnerships Tax Increment Financing The City of Bozeman will continue to utilize Tax Increment Financing (TIF) in conjunction with other funding sources to help foster revitalization within the Midtown URD. The base year for the purposes of measuring any incremental value within the original district boundaries will continue to be 2006, while the base year for the expanded portions of the district will be 2015. Tax Increment Financing is a state authorized, locally driven funding mechanism that allows cities and counties to direct property tax dollars that accrue from new development, within a specifically 219 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 5 designated district, to community and economic development activities. In Montana, TIF districts are authorized in parts 7-15-4201 and 4301, et. seq Montana Code Annotated (MCA), the State’s Urban Renewal Law. TIF districts are typically characterized by conditions that are defined as blight and/or infrastructure deficiencies that have limited or prohibited new investment. A base year is established from which "incremental" increases in property values are measured. Virtually all of the resulting new property tax dollars (with the exception of the six mill state-wide university levy) can be directed to redevelopment and economic revitalization activities within the area in which they are generated. Taxpayers located within a TIF district pay the same amount as they would if the property were located outside the district. TIF only affects the way that taxes, once collected, are distributed. Taxes that are derived from base year taxable values continue to be distributed to the various taxing jurisdictions – local and state government entities and school districts. Taxes derived from the incremental increase in taxable value are placed in a special fund for purposes set forth in an Urban Renewal Plan. Tax Increment Financing Districts are authorized for 15 years, but may be extended for up to an additional 25 years if TIF revenue bonds are sold any time during the first 15 years. Funds may be used for a variety of purposes as provided for in 7-15-4288 MCA and include improvements to vehicular and pedestrian transportation infrastructure, streetscapes, parks and landscaping, water and sewer lines and for connecting to infrastructure outside the district. While funds are typically used for public infrastructure investments, there are instances where local governments have used TIF funds to partner with private property owners to make improvements to historic buildings, to address life-safety issues and to enhance landscaping. The statutes also provide for the establishment of a TIF revolving loan program that can support private investment in the TIF District. Loan funds can continue to “revolve” beyond the life of the District. In order to proceed with the expansion of the district, formerly known as the North Seventh Avenue URD, the City of Bozeman was required to provide documentation that blighted conditions exist within the district and pass a Resolution of Necessity to address blighted conditions. The Montana Urban Renewal law states in 7-15-4210 MCA, that a municipality may not exercise any of the powers authorized by part 42 and 43 until after its local governing body has adopted a resolution finding that: (1) one or more blighted areas exist in the municipality as documented by the presence of at least three blighted conditions; and Tax Increment Financing Schematic 220 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 6 (2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. As noted above, the Resolution of Necessity – City of Bozeman Resolution 4639 was adopted on September 14, 2015. 221 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 7 Chapter 2. Description of the Bozeman Midtown Urban Renewal District The Setting The City of Bozeman is the county seat of Gallatin County located in southwest Montana. The City is named for John M. Bozeman who established the Bozeman Trail and was a key founder of the town in August 1864. The town became incorporated in April 1883 with a city council form of government and later in January 1922 transitioned to a city manager/city commission form of government. Bozeman residents approved a City Charter in the November 2006 general election. Bozeman was elected an All-America City in 2001 by the National Civic League. Bozeman is home to Montana State University and is served by Bozeman Yellowstone International Airport. (Wikipedia) Demographic and Economic Information The City of Bozeman is growing. According to 2014 Census estimates, there are 41,660 people living in the City of Bozeman, significantly higher than the 2010 Census figure of 37,280. The county’s population is projected to experience continued growth through 2060, from 97,197 in 2015 to 145,389 in 2060, an increase of nearly 50% (Montana Economic and Information Center). Census information, recorded over a one hundred year period, beginning in 1910, indicates that the City’s population has grown rapidly since 1950. The following figure presents population data for the City from 1910 to 2010, based on the decennial census. Source: Montana Census and Economic Information Center However, despite rapid growth, the City’s poverty rate at 21.2% is significantly higher than the poverty rates for Gallatin County, Montana and the nation, which are 14.1%, 15.2% and 15.4% respectively. (American Community Survey – ACS, 2009-2013). Median Household Income for residents living in Bozeman is $44,615, lower than the County’s median, which is $52,833 and somewhat lower than the state, at $46,230 and the nation, at $53,046 (ACS, 2009-2013). The following table shows employment in the City of Bozeman by industry. The “Educational services, health care and social assistance” sector employs the most people, followed by “arts, entertainment, and recreation, and accommodation and food services” and “retail trade”. 0500010000150002000025000300003500040000 City of Bozeman Population -1890 to 2010 Population 222 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 8 EMPLOYMENT BY INDUSTRY CITY OF BOZEMAN SOURCE: ACS 2009-2013 ESTIMATE MARGIN OF ERROR PERCENT PERCENT MARGIN OF ERROR Civilian employed population 16 years and over 21,647 +/-580 21,647 (X) Agriculture, forestry, fishing and hunting, and mining 499 +/-138 2.3% +/-0.6 Construction 1,247 +/-244 5.8% +/-1.1 Manufacturing 1,369 +/-298 6.3% +/-1.3 Wholesale trade 484 +/-154 2.2% +/-0.7 Retail trade 2,951 +/-415 13.6% +/-2.0 Transportation and warehousing, and utilities 485 +/-168 2.2% +/-0.8 Information 293 +/-125 1.4% +/-0.6 Finance and insurance, and real estate and rental and leasing 1,132 +/-309 5.2% +/-1.4 Professional, scientific, and management, and administrative and waste management services 2,613 +/-609 12.1% +/-2.7 Educational services, and health care and social assistance 5,544 +/-439 25.6% +/-2.1 Arts, entertainment, and recreation, and accommodation and food services 3,385 +/-472 15.6% +/-2.1 Other services, except public administration 895 +/-210 4.1% +/-1.0 Public administration 750 +/-306 3.5% +/-1.4 Urban Renewal Area Description As noted above, the original North Seventh Avenue Urban Renewal District includes the North 7th Avenue corridor and portions of adjacent neighborhoods to the east and west. The following brief history of the area is taken from a 2013 article in Bozeman Magazine written by Courtney Kramer, entitled Wrapping Signal Boxes In History. “North Seventh Avenue became an entryway to Bozeman during the mid-20th century, when automobile transportation eclipsed streetcars and trains. First as the road to Belgrade, then as a connection to Interstate 90, North Seventh Avenue developed as a car-oriented commercial area. In fact, for a short time in the early 1960s, travelers had to detour from I-90, south on Seventh Avenue, then East on Main and back onto I-90 while the road section between the North Seventh and East Main interchanges was under construction. As a result, motor court hotels (later shortened to “motels”) like the Rainbow Motel, the Royal Seven and the Rambler Motel (now known as the Bozeman Inn) developed to provide lodging facilities for travelers. Across I-90 the Starlight Drive-In provided a venue for movie-viewing from the comfort of the family car.” (bozemanmagazine.com/articles/2013/12/31/22635_wrapping-signal-boxes-in history) As noted above, today the corridor is a key community entryway, connecting Interstate 90 with Bozeman’s core, particularly the downtown and the Montana State University Campus. While North 7th Avenue originally featured street trees along most of the corridor, road reconstruction and the building of off-street parking required the removal of the trees over time. 223 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 9 Land Use in the Urban Renewal Area Generally, the Bozeman Midtown Urban Renewal District is characterized by a mixture of strip commercial (including big box stores, fast food restaurants, and motels), adjacent residential and some light industrial uses. As noted above, the core of the area is largely comprised of automobile oriented, strip commercial development built on and adjacent to North 7th Avenue in the 1960’s and 70’s, in response to transportation-related improvements to Interstate 90 and Oak Street. These improvements have significantly influenced the platting of land and land-use, access, traffic and circulation, and development patterns in the area. Residential properties include a mix of single- and multi-family dwellings. The Whittier School is located in the eastern portion district and serves area neighborhoods. The expansion areas include large vacant parcels, some park / open space lands and properties excluded from other TIF districts. Development of these areas has been limited by the lack of connectivity in the road system as well as other public infrastructure. Map of the North Seventh Avenue Urban Renewal District and Expansion Areas The existing North Seventh Avenue Urban Renewal area is shown in blue on the map below with each expansion area shown in yellow on the same map below. An enlarged map of each expansion areas is found starting on page 13. These maps are intended for visual display purposes and to assist the Montana Department of Revenue with certification. The accuracy of these maps shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District. 224 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 10 225 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 11 Legal Description of the Original North Seventh Avenue Urban Renewal District Beginning at the point of the southeast corner of Lot 7 Block 1 of the Springbrook Addition thence westerly approximately 270 feet to the southwest corner of Lot 17 Block 1 of the Springbrook Addition, thence westerly approximately 30 feet to the centerline of North 8th Avenue, thence northerly approximately 1,292 feet to the centerline of West Villard Street thence easterly approximately 30 feet to the southwest corner of Lot 8 of the Durston Subdivision, thence northerly approximately 665 feet, thence westerly approximately 4 feet, thence northerly approximately 214 feet to the centerline of West Peach Street, thence westerly approximately 65 feet to the southwest corner of Lot 18 Block 1 of Durstons Second Subdivision, thence northerly approximately 1980 feet to the southwest corner of Lot 3 Block 2 of the Vista Addition, thence easterly approximately 150 feet to the southwest corner of Lot 2 Block 2 Vista Subdivision, thence northerly approximately 645 feet to the northwest corner of Lot 14 Block 1 Vista Addition, thence westerly approximately 1246 feet along the southern boundary of the Oak Street right-of-way to the northwest corner of Tract 1 of C.O.S. 2082, thence northerly approximately 1706 feet down the centerline of North 11th Avenue to the south boundary of the Baxter Lane right-of-way, thence northerly approximately 70 feet across the Baxter Lane right-of-way, thence northerly approximately 170 feet across the MDOT right-of-way for Interstate 90 to the southwest corner of Lot 2 of the Wheat Commercial Subdivision, thence northwesterly approximately 1000 feet along the southern boundary of Tract A of C.O.S. 391A to the westernmost point, thence easterly approximately 800 feet to the northwest corner of Lot 1 of the Wheat Commercial Subdivision, thence easterly approximately 789 feet to a point approximately 25 feet from the northeast corner of Lot 12 of the Wheat Commercial Subdivision, thence northerly approximately 965 feet to the northwest corner of Lot 3 of the Gordon Mandeville School Section Subdivision, thence easterly approximately 440 feet to the west boundary of the North 7th Avenue right-of-way boundary , thence northerly approximately 1760 feet to a point where the west boundary of the North 7th Avenue right-of-way intersects the Burlington Northern right-of-way, thence southeasterly approximately 1,408 feet along the Burlington Northern right-of-way to the southeast corner of Lot 18A of the Amended Plat of the Gordon Mandeville State School Section Subdivision, thence westerly approximately 200 feet to the northeast corner of Lot 17 of the Gordon Mandeville School Section Subdivision, thence southerly approximately 481 feet to the southwest corner of Lot 20 of the Gordon Mandeville School Section Subdivision, thence southwesterly approximately 107 feet to the southeast corner of Lot 16 of the Gordon Mandeville School Section Subdivision, thence westerly approximately 260 feet to the northeast corner of Lot 15B of Minor Subdivision #49, thence southerly approximately 686 feet to a point along the north boundary of Lot 20 of the Industrial Park Subdivision approximately 20 feet west of the northeast corner of said lot, thence westerly approximately 340 feet to the northeast corner of Lot 22 of the Industrial Park Subdivision, thence southerly approximately 698 feet to the southwest corner of Lot 14 of the Industrial Park Subdivision, thence southeasterly approximately 100 feet to the northwest corner of Lot 3A of the Industrial Park Subdivision, thence southerly approximately 550 feet along the east boundary of Lot 3A of the Industrial Park Subdivision across the MDOT right-of-way of Interstate 90 to a point along the north boundary of Lot 1 of Minor Subdivision #109 approximately 486 feet from the northeast corner of said lot, thence southeasterly approximately 486 feet to the northeast corner of Lot 1 of Minor Subdivision #109, thence southeasterly along the MDOT right-of-way for Interstate 90 S72°17'38"E a distance of 324.41 feet and along a non-tangent curve to the right having a radial bearing of S17°44'19"W and a radius of 22,795.00 feet a distance of 226 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 12 1096.81 feet to the northwest corner of Tract 2 of Certificate of Survey No. 2128B; thence along the westerly line of said Tract 2 S01°26'44"E a distance of 372.92 feet and S47°04'50"W a distance of 207.62 feet to a point on the north right-of-way line of West Oak Street, thence westerly approximately 1111’ to the centerline of North 3rd Avenue, thence southerly approximately 1523 feet to the centerline of West Tamarack Street, thence westerly approximately 776 feet to a point approximately 30 feet north of the northwest corner of Lot 11 Block 2 of the 7th Addition, thence southerly approximately 1443 feet along the west side of the right-of-way for North 5th Avenue to the southeast corner of Lot 6 Block 1 of the Violett Addition, thence westerly approximately 401 feet to the centerline of the alleyway intersection of West Short Street, thence southerly approximately 522 feet to the centerline of West Villard Street, thence easterly approximately 249 feet to a point approximately 30 feet north of the northwest corner of Lot 6 Block 2 of Border Tract 13, thence southerly approximately 30 feet to the northwest corner of Lot 6 Block 2 of Border Tract 13, thence southerly approximately 556 feet to the southeast corner of Lot 7 Block E Tracy’s 3rd Addition, thence southerly approximately 30 feet to the centerline of West Lamme Street, thence westerly approximately 85 feet to a point approximately 30 feet north of the northeast corner of Lot 33 Block E Tracy’s 2nd Addition, thence southerly approximately 68 feet to the southeast corner of Lot 10 Block E Tracy’s Addition, thence westerly approximately 368 feet to the southeast corner of Lot 7 Block 1 of the Springbrook Addition, the point of beginning. Descriptions and Maps of the Expansion Areas. This information is intended to assist the Montana Department of Revenue with certification. The accuracy of this information shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District. 1. Southern Boundary Area, North Side of West Main Street – This area is bounded by Lamme Street on the north, West Main Street on the south, North 3rd Avenue on the east and North 6th Avenue on the west. Description: The Southern Boundary Area, North Side of West Main Street includes: Lots 35-36, Block E, Tracy’s 2nd Addition Lots 1-7, and 10A, Block E, Tracy’s 2nd Addition Lots 1-21, Block D, Tracy’s 2nd Addition Lots 22-33, Block D, W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition) Lots 1-9, plus east ½ of Lot 10 and Lots 39-48, and vacated alley adjacent to lots 3-9 and Lots 40-46, Block E,W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition) 2. Southern Boundary Area, South Side of West Main Street – This area is bounded on the north by West Main Street, on the south by West Babcock Street, on the west by South 9th Avenue and on the east by South 5th Avenue. Description: The Southern Boundary Area, South Side of West Main Street include all of the parcels bound by West Main Street, 7th Avenue South, West Babcock Street and 9th Avenue South, including a vacated street; and Lots 1–21, Block E, Story Addition. 227 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 13 Map of Expansion Areas 1. and 2. Southern Boundary Area 3. The Whittier School Remainder – While some of the Whittier School property is in the original district, a portion of the property owned by the School District was not included. The area is directly south and southwest of the Whittier School and includes the playground and the school parking lot. Description: Lots 1 and 2, Block 3 of the Violett Addition, and Lots 1 and 18 and the north 26 feet of Lots 2 and17 of the Violett Addition plus the adjacent vacated alley. 4. East Side Property – This area is located to the east of the existing urban renewal district and is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North 5th Avenue and on the east by North 3rd Avenue. Description: Parcels found in the block, located in the southeast quarter of the southeast quarter of Section 1, Township 2 South, Range 5 East, which is bordered on north by West Tamarack Street, on the south by West Peach Street, on the east by North 3rd Avenue, and on the west by North 5th Avenue. 228 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 14 Map of Expansion Areas 3. The Whittier School Remainder and 4. East Side Property 5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by the future 11th Avenue, excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. Description Parcels located within that portion of the west half of the southeast quarter of Section1, Township 2 South, Range 5 East described as follow: Beginning at the South ¼ corner of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: thence northerly along the midsection line of said Section 1 a distance of 1999. 67 feet to the southwest corner of Tract 1, C.O.S. 2082; thence easterly along the south line of said Tract 1 and the south line of Royal Vista Addition a distance of 940 feet more or less the southwest corner of Lot 3 Block 2 of Royal Vista Addition, thence southerly a distance of 2000 feet more or less to the south section line of Section 1, thence westerly to the point of beginning. 229 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 15 Map of Expansion Area 5. West Side Property 6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. Description Parcels described as Lots 1, 2, and 3 of Block 3, Phase 2, and Lot 6(6a), Phase 1 PT Land Subdivision located in Section 1, Township 2 South, Range 5 East. 230 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 16 Map of Expansion Area 6. Northwest Site 7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. Description: Tracts 5, 6, 9 and 10 of the Gordon Mandeville State School Subdivision, in Section 36, Township 1 South, Range 5 East. 231 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 17 Map of Expansion Area 7. Murdoch’s Annexation Property Legal Description of the Bozeman Midtown Urban Renewal District Beginning at the South ¼ corner of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: thence northerly along the mid section line of said Section 1 a distance of 1999. 67 feet to the southwest corner of Tract 1, C.O.S. 2082; thence easterly along the south line of said Tract 1 and the south line of Royal Vista Addition a distance of 1034.42 feet to the centerline of the alley in Block 2 of Royal Vista Addition; thence northerly along said alley centerline a distance of 646.50 feet to the north line of Royal Vista Addition; thence westerly along said north line of Royal Vista Addition and the north line of Tract 1 of C.O.S. 2082 a distance of 1095.87 feet to the northwest corner of said Tract 1; thence northerly along the centerline of N. 11th Avenue a distance of 858 feet to the intersection of the centerline of N. 11th Avenue and the centerline of Patrick Street; thence westerly along the centerline of Patrick Street to the southwest corner of Lot 6, PT Lands Subdivision Phase 1; thence northerly along the west line of said Lot 6 a distance of 1644.04 feet to the northwest corner of said Lot 6; thence northeasterly across the right-of-way of Baxter Lane and Interstate Highway 90 a distance of 491 feet more or less to the northwest corner of Tract A, C.O.S. 391A; thence easterly along the north line of said Tract A a distance of 905.89 feet to the north ¼ corner of Section 1, Township 2 South, Range 5 East; thence easterly along the north line of said Section 1 a distance of 707.03 feet; thence northerly along the west line of Flora Lane a distance of 1485.41 to a point; thence easterly across Flora Lane and along the north line of Lots 6 and Lot 9 of Gordon Mandeville State School Section Subdivision a 232 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 18 distance of 440.0 feet to the west line of N. 7th Avenue (also known as U.S. Highway 10); thence northerly along said west line of N. 7th Avenue extended to a point on the southerly right-of-way of the Burlington Northern Railroad; thence southeasterly along said railroad right-of-way a distance of 254 feet more or less to the north corner of Tract 19B, Amended Plat E-38-D, Gordon Mandeville State School Section Subdivision; thence southeasterly along said railroad right-of-way a distance of 1119.74 feet to the northeast corner of Lot 20 of Gordon Mandeville State School Section Subdivision; thence westerly along the north line of said Lot 20 a distance of 198.88 feet to the northeast corner of Lot 17 of Gordon Mandeville State School Section Subdivision; thence southerly along the east line of Lots 17 and 16 of Gordon Mandeville State School Section Subdivision a distance of 609.35 feet; thence southwesterly along the east line of said Lot 16 a distance of 82.30 feet; thence southerly along the east line of said Lot 16 a distance of 25.00 feet; thence along the south line of said Lot 16 a distance of 247.35 feet; thence southerly along the west line of Lots 28 and 27 of Gordon Mandeville State School Section Subdivision a distance of 609.35 feet to the southwest corner of said Lot 27; thence southerly across the right-of-way of West Griffin Drive a distance of 85 feet to a point on the south line of West Griffin Drive, said point being 28.14 feet west of the northeast corner of Lot 20, McChesney Industrial Park Subdivision; thence easterly along the north lines of Lots 20, 21A, and 22 of McChesney Industrial Park Subdivision a distance of 328.14 feet to the northeast corner of said Lot 22; thence southerly along the east lines of Lots 22 and 15 of McChesney Industrial Park Subdivision a distance of 707.75 feet to the southeast corner of said Lot15; thence southeasterly across the right-of-way of Nikles Drive a distance of 100 feet more or less to the northwest corner of Lot 3A of McChesney Industrial Park Subdivision; thence easterly along the north line of said Lot 3A a distance of 100 feet to the northeast corner of said Lot 3A; thence southerly along the east line of said Lot 3A a distance of 362.86 feet to the southeast corner of said Lot 3A; thence southerly across the right-of-way of Interstate Highway 90 a distance of 288 feet more or less to the north corner of Lot 1A of Minor Subdivision 109C, said point also being on the south right-of-way of Interstate Highway 90; thence southeasterly along said right-of-way a distance of 1942.55 feet to the northwest corner of Tract 2, C.O.S. 2128B; thence southerly along the west line of Tract 2, C.O.S. 2121B a distance of 372.92 feet; thence southwesterly a distance of 292.6 feet more or less to a point on the east-west mid-section line of Section 6, Township 2 South, Range 6 East, said point being 1117 feet east of the west ¼ corner of said Section 6; thence westerly along said mid-section line 1117 feet to the west ¼ corner of said Section 6; thence southerly a distance of 2663.4 feet to the southwest corner of Section 6, Township 2 South, Range 6 East, said point also being on the centerline of Peach Street; thence westerly along the centerline of Peach Street a distance of 777.35 feet to the west line of N. 5th Avenue; thence southerly along the west line of N. 5th Avenue a distance of 523.6 feet to the northeast corner of Lot 3, Block 4, Violett Addition; thence westerly along the north line of Lots 3 and 16 of Block 4, Violett Addition, a distance of 242.98 feet; thence northwesterly across the right-of-way of N. 6th Avenue a distance of 52 feet more or less to the southeast corner of Lot 2, Block 3, Violett Addition; thence westerly along the south line of said Lot 2 a distance of 117 feet to the centerline of the alley in Block 3, Violett Addition; thence southerly along said alley centerline a distance of 386 feet to the centerline of W. Villard Street; thence easterly along the centerline of W. Villard Street a distance of 253 feet; thence southerly along the extended west line of Block 6, Karps Addition a distance of 388 feet to the south line of W. Beall Street; thence easterly along the south line of W. Beall Street a distance of 27.5 feet to the northwest corner of Lot 29, Block E, Tracys 3rd Addition; thence southerly along the west lines of Lots 29, 25, and 5 of Block E, Tracys 3rd Addition to the southwest corner of said Lot 5; 233 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 19 thence southwesterly across the right-of-way of W. Lamme Street a distance of 66 feet more or less to the northeast corner of Lot 36, Block E, Tracys 2nd Addition; thence southerly along the east line of said Lot 36 to a point on the centerline of the alley in Block E, Tracys 2nd Addition; thence easterly along the centerline of the alley in Block E and Block D of Tracys 2nd Addition to the west line of N. 3rd Avenue; thence southerly along the west line of N. 3rd Avenue to the southeast corner of Lot 1, Block D, Tracys 2nd Addition; thence westerly along the south line of said Block D to the southwest corner of Lot 9 of said Block D; thence southerly across the right- of-way of W. Mendenhall Street a distance of 56 feet more or less to the northeast corner of Lot 33, Block D, Tracys 1st Addition; thence southerly along the east line of said Lot 33 140 feet to the north line of the alley in Block D, Tracys 1st Addition; thence westerly along said north line of the alley 388 feet to the west right-of-way line of N. 5th Avenue; thence southerly along the west right-of-way line of N. 5th Avenue 160 feet to the north line of W. Main Street; thence southwesterly across the right-of-way of W. Main Street a distance of 93 feet more or less to northeast corner of Lot 1, Block E, Storys Addition; thence southerly along the east line of said Lot 1 a distance of 138 feet to a point on the centerline of the alley in Block E, Storys Addition; thence westerly along said alley centerline a distance of 660 feet to the centerline of S. 7th Avenue; thence southerly along the centerline of S. 7th Avenue a distance of 168 feet to the centerline of W. Babcock Street; thence westerly along the centerline of W. Babcock Street a distance of 690 feet to the centerline of S. 9th Avenue; thence northerly along the centerline of S. 9th Avenue a distance of 321 feet to the centerline of W. Main Street; thence easterly along the centerline of W. Main Street a distance of 445 feet to the centerline of N. 8th Avenue; thence northerly along the centerline of N. 8th Avenue a distance of 1373.8 feet to the north line of W. Villard Street; thence easterly 30 feet to the southeast corner of Lot 14C, Kibbey Plaza Subdivision; thence along the following courses along the east line of Kibbey Plaza Subdivision: northerly 665.1 feet, westerly 4.0 feet, and northerly 200.03 feet to the south line of Durston Road; thence westerly along the south line of Durston Road a distance of 1052.91 feet; thence northerly 32 feet to the South ¼ corner, Section 1, Township 2 South, Range 5 East, the point of beginning. Parcels A list of parcels within the district was obtained from the Montana Department of Revenue to meet the requirements for mail notice and certification. The list of parcels included identifying geocodes and the following information. • Property owners’ names, property address and mailing addresses of all properties with geocodes for every property in the district. • All centrally assessed properties and their geocodes within the district. An estimate of the number of miles of railroad tracks. • Personal property within the district and the corresponding assessor codes • Mobile homes/manufactured homes not attached to real property within the district and their assessor codes This information is intended to help document notice requirements and assist the Montana Department of Revenue with certification. The veracity of this information, obtained from the Montana Department of Revenue, shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District. 234 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 20 Chapter 3. Documentation of Blight Defining Blight As noted above, according to 7-15-4210 MCA, a municipality may only adopt a Resolution of Necessity to create an urban renewal district, if at least three conditions of blight, as defined in 7-15-4206 MCA, exist in all or part of the area under consideration. Montana law sets forth the specific conditions that constitute blight. In particular, state statute defines a blighted area as one that substantially impairs or arrests the sound development of communities, or constitutes an economic or social liability. Per 7-15-4206(2), MCA, a “blighted area” may be identified as such by reason of: (a) the substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence of buildings or improvements, whether residential or nonresidential; (b) inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; (c) inappropriate or mixed uses of land or buildings; (d) high density of population and overcrowding; (e) defective or inadequate street layout; (f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (g) excessive land coverage; (h) unsanitary or unsafe conditions; (i) deterioration of site; (j) diversity of ownership; (k) tax or special assessment delinquency exceeding the fair value of the land; (l) defective or unusual conditions of title; (m) improper subdivision or obsolete platting; (n) the existence of conditions that endanger life or property by fire or other causes; or (o) any combination of the factors listed in this subsection (2).” (Montana Laws) Blighted Conditions in the Midtown area of Bozeman Areas of blight as defined by 7-15-4206(2), MCA, exist within the Midtown area, which includes the existing North Seventh Avenue Urban Renewal District, associated with some or all of the following: • physical dilapidation, deterioration, age obsolete structures and private improvements – with respect to but not limited to such things as buildings, facades, signage, irrigation, ADA compliance, parking facilities, paving, storm drainage, life safety and landscaping; • physical dilapidation, deterioration, age obsolete quasi-public improvements – such as but not limited to overhead electric lines, gas lines, lack of or limited communication lines and services (broadband, dark fiber, etc.); • physical dilapidation, deterioration, age obsolete public structures and improvements - with respect to but not limited to such things as buildings, life safety, signage, storm drainage, lighting, parks, landscaping, irrigation, playground equipment, fencing, parking facilities, paving, fire hydrants, streets, curbs, gutters, and sidewalks; 235 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 21 • inadequate provision of ventilation, light, proper sanitary facilities, or open spaces based on the building standards of the municipality – with respect to but not limited to such things as adequate landscaped areas, green space, gathering areas, event venues, parks, use of non-permanent sanitary facilities, street lighting, bike paths, and pedestrian trails; • inappropriate or mixed uses of land or building - such as but not limited to low density or vacant lands in the urban core, industrial uses in commercial areas, vehicular focused uses in pedestrian centric areas, lack of connectivity to adjacent residential neighborhoods, and uses which are not in conformance, accordance or compliance with current plans, standards or codes; • inappropriate density of population – such as but not limited to low density or vacant lands in the urban core, and density of land which is not in conformance, accordance or compliance with current plans, standards or codes; • defective or inadequate street layout – including but not limited to dead end streets and sidewalks, incomplete streets, and lack of street lighting, lack of curb, gutter, or sidewalks; • faulty lot layout in relation to size, adequacy, accessibility, or usefulness – including but not limited to large lots which need to be subdivided to be useful, lots that are too small to be useful, poor drainage and lots with excessive or undeveloped accesses not in conformance, accordance or compliance with current plans, standards or codes; • inappropriate land coverage - including but not limited to low density or vacant lands in the urban core, and land coverage not in conformance, accordance or compliance with current plans, standards or codes • unsanitary or unsafe conditions – including but not limited to uncontrolled accesses, deteriorating improvements, barb wire fencing, inadequate storm drainage and broken sidewalks; • deterioration of site – including but not limited to broken or missing curb, gutter, sidewalks, paving, fencing, irrigation, landscaping, and signage not in conformance, accordance or compliance with a current plans, standards or codes; • diversity of ownership – including but not limited to impediments to rehabilitation from multiple owners of a single property, estate ownership, and impediments to parcel consolidation for redevelopment due to ownership; • tax or special assessment delinquency exceeding the fair value of the land • defective or unusual conditions of title – including but not limited to “no build” restrictions on remainder parcels; • improper subdivision or obsolete platting – including but not limited to remainder parcels, small lots, unsubdivided lots, and lots that are not in conformance, accordance or compliance with current plans, standards or codes; • the existence of conditions that endanger life or property by fire or other causes – including but not limited to buildings or properties that may not meet life safety standards such as fire sprinklers, fire hydrants and ADA compliance; and • any combination of the factors described above Blighted Conditions in the Original North Seventh Avenue Urban Renewal District The Statement of Blight prepared as a basis for the creation of the North Seventh Urban Renewal District in 2006 specifically identified the following conditions of blight: 236 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 22 • The defective or inadequate street layout identified within the study area; • Instances of known deterioration; • Three inadequate provisions and/or age obsolescence of the following public improvements within the study area: storm drain, streets and sidewalks; • Instances of age obsolescence of buildings within the study area; • Inappropriate or mixed uses of land or buildings; • Deterioration of site; and • Improper subdivision or obsolete platting. Blighted Conditions in the Expansion Areas The review of the areas identified for inclusion in the existing North Seventh Avenue Urban Renewal District revealed that these areas exhibited conditions of blight as defined in the Montana Urban Renewal Law. Following is a description of some of the blighted conditions that were identified in each of the areas examined. 1. and 2. Southern Boundary Areas – These areas, located between two existing urban renewal districts, the North Seventh Avenue and the Downtown Urban Renewal Districts were examined. The conditions of blight in these two areas are similar to those found inside each of these districts and their exclusion has resulted in diminished investment in parcels along this connecting corridor. More particularly, the areas exhibit a number of blighted conditions including but are not limited to the following: • Age obsolescence of buildings and improvements – Physically, these areas are suffering from deferred maintenance and deterioration of both buildings and empty spaces. Many of the structures in these areas are older and exhibit signs of deterioration. For example, the hotel pictured here was recently closed, is now vacant and building/fire code issues preclude it from re-opening. Alleys are of particular concern, especially in cases where alleys provide primary access to parking facilities. Alleys are unpaved and ungraded. • Inappropriate uses of land – Although adjacent to two key commercial districts, the areas are characterized by lower density development, which results in lower land values and less efficient use of public infrastructure and services. • Unsafe conditions – Parking lots and adjacent alleys, in some cases, have uncontrolled access. The designs of parking lots, alleyways, and driveways create blighted conditions that diminish the value of property in the area and present hazards for pedestrians. The age obsolescence of some structures and aging public infrastructure may also endanger life or property. 3. The Whittier School Remainder – A portion of the property owned by the School District was left out of the original urban renewal district. The area is directly adjacent to the Whittier School and includes the playground and the school parking lot. Conditions of blight in this area include but are not limited to: 237 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 23 • Age obsolescence – The facilities on the site are older and have been identified by the School District as in need of improvements. • Defective or inadequate street layout – The alley adjacent to the school property is unpaved. • Unsafe conditions – Deteriorating sidewalks in this area present hazards to pedestrians 4. East Side Property – This area is located to the east of the existing urban renewal district and is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by 5th Avenue and on the east by 3rd Avenue. The area includes an improved BMX Park that has seen significant use and public investment in recent years. However, the overall area of the East Side Property exhibits a number of blighted conditions including but not limited to the following: • Inappropriate uses of land – The land is largely vacant and underutilized. Its value is diminished by poor access. • Defective or inadequate street layout – The area lacks adequate streets, sidewalks, curbs and gutters. • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – In addition to poor access, the site has poor drainage. • Deterioration of site/Unsafe conditions – The overall area is not maintained and there are rough areas that present hazardous conditions. 238 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 24 5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by 11th Avenue, excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. It is largely vacant and lacks adequate infrastructure and provides no access to areas to the west. In effect, it forms a barrier between the urban renewal district and the neighborhoods to the west. This in turn negatively affects revitalization efforts. Specific blighted conditions include but are not limited to: • Inappropriate uses of land – Although adjacent to the North 7th Avenue corridor, the area is characterized by lower density development, which results in lower land values and less efficient use of public infrastructure and services. • Defective or inadequate street layout – The area has no transportation infrastructure – North 8th Avenue ceases to exist here. There are no sidewalks, curbs or gutters. • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – As noted above, there is no access to the site and the site exhibits drainage problems. • The existence of conditions that endanger life – Much of the property is fenced using barbed wire. There is no safe pedestrian access. 6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. It is adjacent to several area hotels, but is largely vacant, and underutilized. Blighted conditions include but are not limited to: • Inappropriate uses of land – the area is characterized by lower density development, which results in lower land values and less efficient use of public infrastructure and services. • Defective or inadequate street layout – The road infrastructure is limited. Existing roads, including the minor arterial North 15th Avenue, “dead end” in several places resulting in poor access to much of the site. • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – The site is characterized by poor drainage, and no access to adjacent properties. Sidewalks, curbs and gutters are generally missing. • The existence of conditions that endanger – Much of the property is fenced using barbed wire. There is no safe pedestrian access. 239 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 25 7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. These lots were recently annexed into the City of Bozeman. This area is located between an existing urban renewal district and an existing tax increment financing industrial district. Its exclusion has made it ineligible to benefit from various urban renewal and infrastructure programs. Conditions of blight include but are not limited to: • Age obsolete structures and improvements – Physically, these areas are suffering from deferred maintenance and deterioration of both buildings and empty spaces. Many of the structures in these areas are older and exhibit signs of deterioration. • Inappropriate uses of land – These industrial uses result in lower land values and less efficient use of public infrastructure and services. • Defective or inadequate street layout – Street improvements, including but not limited to paving, curb/gutter and storm drainage facilities for North 7th Avenue, as well as for the adjacent local streets are needed. 240 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 26 Additional Findings In addition to the findings addressed in the Statements of Blight prepared for the original North Seventh Avenue Urban Renewal District and for the North Seventh Avenue Urban Renewal District Expansion Areas, the Bozeman Midtown Urban Renewal District also faces other challenges. While the conditions described below are not specifically listed in the statutory definition of blight, they do “substantially impair or arrest the sound development of communities, (and) constitute an economic or social liability”. (7-15-4206 MCA) Connectivity The lack of critical transportation infrastructure results in poor multi-modal connectivity to area neighborhoods, public facilities and other destinations. Land Use While the 2006 Urban Renewal Plan notes the importance of residential neighborhoods to the health and well-being of the entire District, the current development patterns to not support live-work opportunities. Mixed use development that meets both residential and commercial needs is generally missing within the Midtown area. The Whittier School is within the District but its potential to draw new residential development within existing neighborhoods has not been realized. Pedestrian Infrastructure The lack of pedestrian oriented transportation infrastructure makes it difficult to encourage live-work settings, where employees are unable to walk or ride bicycles to their workplace. The current design of intersections within the district presents obstacles to pedestrians attempting to cross major thoroughfares. Broadband Services Portions of Bozeman and the District lack consistent, reliable area-wide high-speed Internet services. This puts the Midtown area at a disadvantage when trying to retain and recruit businesses that are increasingly relying on electronic communication for themselves and their customers as well as requiring access to “the cloud” for data storage. Streetscape The Bozeman Midtown Urban Renewal District lacks a unifying theme. It’s role as a key entryway into the City has been diminished through the lack of adequate design features including but not limited to landscaping, lighting, and associated pedestrian amenities. 241 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 27 Chapter 4. Planning Consistency Planning Consistency Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy and the planning commission shall submit its written recommendations to the local governing body. An extensive review is found in Appendix B. The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer & Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It included studies on transportation, street planning, zoning districts, parks and recreation, schools, park roads, and sanitation and health. The City made significant progress in comprehensive planning with the October 2001 adoption of the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous comprehensive plans and complied with the new planning standards. The 2020 Plan recognized the changing nature of the economy and expanding knowledge of community development standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use and physical infrastructure planning. The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition, Bozeman has completed many infrastructure and topic plans that have some influence on the area included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are: • Design and Connectivity Plan for North Seventh Avenue Corridor. • Design Objectives Plan for Entryway Corridors. • Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. North Seventh Avenue Urban Renewal District Plan; October, 2006 In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal Plan with a provision for tax increment financing, to be calculated using a base year of 2006. The following excerpts and specific statements were included in the 2006 North Seventh Avenue Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and describing the land uses and zoning in the area at that time. “Growth Policy Land Use Designations The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N 5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak Street contains Regional Commercial and Industrial designations. 242 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 28 Zoning Classifications The District primarily consists of “B-2 Community business District” zoned parcels. East of the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and “M-1 Light Manufacturing” zoned parcels are located on the north end of the study area Land Area The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763 acres which comprised the total area of the city of Bozeman in August, 2005. Land Use The District primarily includes areas of commercial, residential, agricultural, industrial, and public uses. Commercial Activity The District includes one of the city’s oldest auto oriented commercial strips. Much of the area was developed more than fifty years ago and much has been developed or will develop largely due to the influences of transportation features, particularly North Seventh Avenue, Interstate 90 and Oak Street. These transportation corridors shape many of the elements of the District including platting of land and land use, access, traffic and circulation, and development patterns Residential Neighborhoods Well established and well kept residential neighborhoods adjoin North Seventh Avenue commercial development on both the east and west. A portion of these neighborhoods is included in the District to assure that redevelopment of the Corridor includes careful consideration of the issues associated with these established residential areas.” Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the Bozeman Community Plan To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the growth policy as required by 7-15-4213 MCA. Growth Policy Review The Bozeman Community Plan was reviewed in order to determine whether the growth policy adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community Plan has been found to include: • Goals and Objectives that support the urban renewal, economic development, and development of infrastructure that encourages urban renewal and economic development in the community. • The inclusion of tax increment financing among the strategies to be implemented to achieve the Bozeman Community Plan’s goals and objectives. • The identification of land use through maps and/or text of lands. An overall review of the goals and objectives of the growth policy indicates no conflicts for an urban renewal project with the growth policy. The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the vision, goals and objectives of the Bozeman Community Plan. 243 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 29 Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal and economic stability for the prevention and the elimination of urban blight.  Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.  Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers.  Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas.  Economic Development Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development.  Economic Development Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.  Economic Development Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to stimulate investment and maintain a health and vibrant economy.  Economic Development Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman.  Economic Development Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.  Economic Development Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with Overall Principles and Goals of the Bozeman Community Plan.  In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth. The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal District Plan are: Goal #1 Promote Economic Development Goal #2 Improve Multi-Modal Transportation Goal #3 Improve, Maintain and Support Innovation in Infrastructure Goal #4 Promote Unified, Human Scale Urban Design Goal #5 Support Compatible Urban Density Mixed Land Uses Growth Policy Implementation 244 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 30 The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the growth policy. Identified implementation tools and strategies, including tax increment financing, which help to achieve the Bozeman Community Plan’s goals and objectives.  Provides a foundation for programs as well as more detailed plans, such as urban renewal district plans with tax increment financing programs.  Describes the use of alternative funding mechanisms when distinct beneficiary populations or interest groups can be identified and more equitably served (such as tax increment financing).  Encourages development within the City of Bozeman.  Encourages infill and redevelopment.  Continues programs which support adaptive reuse and reinvestment.  Encourages commercial and residential development or redevelopment of identified infill areas through the use of and publicizing of incentives, such as, but not limited to, public infrastructure funding support  Supports standards for infill development and redevelopment.  Supports the creation and expansion of local businesses.  Maintains and seeks to expand resources available through urban renewal districts.  Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating within City limits.  Recognizes sustainability as a component of economic development. Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with the implementation tools and strategies in the Bozeman Community Plan.  The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law offered by the State of Montana Code.  The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax increment financing to assist with redevelopment and revitalization activities, and encourage the retention and growth of economic development.  The Bozeman Midtown Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community. Growth Policy Future Land Use The growth policy provides a visual policy statement with the identification of the future land use pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman Community Plan. The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor starting from the north end as Industrial, Regional Commercial and Services, and Community Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions. 245 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 31 Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal District to help achieve the Bozeman Community Plan’s goals and objectives.  The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.  The majority of the adjacent neighborhoods have a future land use designation of Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions.  Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.  Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning districts.  Industrial land uses can be implemented by any one of the five industrial type zoning districts.  Residential will be implemented by multiple zoning districts.  Parks, Open Space and Recreational Lands are functions which can occur in any zoning district.  Public Institutions can be implemented by the PLI zoning district, but is a function that can occur in any zoning district. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with the Future Land Use Designations.  The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to retain existing and attract new economic development.  The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing future land use designations. Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District for accordance with the Bozeman Unified Development Code The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769 effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban Renewal District must be found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be in conformance with the growth policy. An extensive review of the zoning is found in Appendix B. The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. 246 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 32 In addition to the zoning districts listed above, portions of the Midtown area of Bozeman are also covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood Conservation Overlay District”, and a couple of lots at the southeast edge are located within the Cooper Park Historic District. Zoning to help implement the Bozeman Community Plan. • A purpose of the Bozeman Unified Development Code is to implement the goals and objectives of the Bozeman Community Plan; the city’s adopted growth policy. • The majority of the land within the core area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District” to provide for a broad range of mutually supportive retail and service functions. • The land adjacent to the commercial core and south of I-90 within the area of the Bozeman Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. • The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light Manufacturing”. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning with Bozeman Community Plan. • The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as described by the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to eliminate blight, and retain existing and attract new economic development. • The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing zoning classifications. Conclusions 1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban Renewal District Plan is in conformance with the Bozeman Community Plan. 2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown Urban Renewal District is in accordance with the Bozeman Community Plan. 247 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 33 Chapter 5. Goals and Strategies Introduction This chapter presents the goals and strategies for addressing blight within the Bozeman Midtown Urban Renewal District. They are drawn from public input (public meeting summaries are found in Appendix A), the Bozeman 2009 Community Plan and other appropriate planning documents, technical input from the City’s staff, and the Statement of Blight prepared in conjunction with the expansion of the North Seventh Avenue Urban Renewal District. Public discussion addressed economic development, sustainability, mixed use higher density development, live-work opportunities, parking, multi-modal transportation infrastructure, pedestrian safety and access, and urban design. As stated above, this Urban Renewal Plan provides a context for activities that will be undertaken by a variety of public and private entities. It recommends a series of planning and program initiatives and capital projects that may be undertaken by the local government to encourage reinvestment in the district, which will in turn address conditions that have diminished the environmental, economic and cultural well being of the area over time. The following are the Goals of this Urban Renewal Plan and associated strategies. It should be noted that revolving loan programs are included as suggested strategies for achieving several of the goals set forth. The City of Bozeman may choose to create one revolving loan program that would incorporate all or some of these activities. Goal #1 Promote Economic Development Rationale: Economic vitality strengthens the community, provides for physical needs of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to blight. Planning Initiatives  Engage in area and issue specific planning efforts to further retention and/or increase in the number of jobs and economic activity  Prepare marketing plan that includes such things as targeted anchor businesses, marketing strategies, branding and/or wayfinding  Conduct a readiness study to examine opportunities and determine challenges associated with targeted anchor business recruitment and retention, including due diligence, infrastructure deficiencies and land and/or space needs  Examine the potential for the fostering of activity centers including: o Open Spaces o Event Venues o Conference Facilities o Mixed-Use Developments  Examine the usefulness of potential incentives (such as application or regulatory fee mitigation, impact fee reimbursement, etc.)  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as electronic communication infrastructure, public activity centers, etc. 248 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 34  Continue the process of updating Bozeman's Unified Development Code to clearly communicate the community's expectations for development as expressed in the Bozeman Community Plan, and to generate implementation and design provisions for the Midtown URD Plan Program Initiatives  Provide incentives for infill, mixed-use development (commercial and residential) and density increases to take advantage of economies of scale in providing services, access and sustainability  Work to increase property values by encouraging private investment  Develop partnerships among property owners, new/expanding businesses and the local government to increase economic activity  Establish a monetary incentive such as a revolving loan program to bring existing businesses into compliance with land use codes, design standards and health and safety regulations  Establish a monetary incentive such as a revolving loan program to assist property owners in repairing and replacing deteriorating, or in extending existing public infrastructure.  Facilitate land assemblage and property transfer for higher density, targeted anchor businesses and mixed-use development  Market to businesses that can take advantage of the link to higher education facilities, including Montana State University and Gallatin College and associated job training programs including continuing education and distance learning  Market to businesses that can take advantage of locating near the broadband fiber “backbone”  Establish a monetary incentive such as a matching grant program for work force training to help expand and retain businesses, such as a partnership with Bozeman Bear  Continue the N7Rehab Construction Grants Program to help property owners improve their facades and sites, eligible activities include: o Demolition o Façade Improvements o ADA Accessibility Improvements o Landscaping incorporated into a public space o Sidewalks o Improvements which reduce drive accesses in width and/or number o Improvements to create shared parking arrangements o Storm water facility improvements o Improvements in the public right-of-way or within a public access easement: sidewalk construction or repair, landscaping, ADA sidewalk ramps, tree grates, installation of District lighting  Continue the N7Rehab Technical Assistance Grants Program for property owners to plan updates to their sites, including: o Site Planning and Master Site Planning o Building condition assessment in conjunction with exterior renovation or reuse proposals for existing structures o Engineering and surveying services o Landscape Design 249 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 35 o Preliminary Development Review Capital Projects  Ready properties for redevelopment  Upgrade and expand electronic communication infrastructure including, but not limited to fiber optics.  Install improvements that support marketing, wayfinding and branding, including, but not limited to signage, lighting, street furniture and landscaping  Develop public activity centers such as: o Aspen, east of North 7th Avenue, as a festival street o The BMX Park Goal #2 Improve Multi-Modal Transportation Rationale: Increasing travel options supports public health, reduces resource demand, increases efficiency and reduces costs, improving the quality of life and making the community a better place to live and work, helping to eliminate conditions that contribute to blight. Planning Initiatives  Assemble and evaluate existing studies of multi-modal transportation needs  Engage in a service gap analysis  Study means to facilitate transportation mode shift to expand non-motorized and public transit travel  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects. Program Initiatives  Establish a monetary incentive such as a revolving loan program to assist property owners in repairing and replacing deteriorating, or in extending existing public infrastructure.  Establish a monetary incentive such as a revolving loan program to enable existing businesses to provide Federal ADA access to their establishments.  Establish a monetary incentive such as a cost-share program for sidewalk construction, repair and replacement  Partner with the school district and other entities to support a “Safe Routes to School” program  Develop a program to facilitate transportation mode shift and to expand non-motorized and public transit travel (such as “Park and Ride” programs, ride sharing, bicycle garaging and sharing) Capital Projects  Construct improvements to eliminate service gaps 250 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 36  Partner to improve multi-modal transportation infrastructure and connectivity throughout the district (such as roads, curbs, gutters and sidewalks)  Construct improvements to facilitate transportation mode shift to expand non-motorized and public transit travel (such as bikeways, trails, parking facilities, high quality bus stops and public transit access)  Construct non-vehicular safety improvements such as sidewalks, pedestrian crossings, high intensity activated cross walk signals and traffic calming features Goal #3 Improve, Maintain and Support Innovation in Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Therefore, capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. Planning Initiatives  Assemble and evaluate existing studies of infrastructure needs  Engage in a service gap analysis  Continue to examine the opportunities to improve communication infrastructure access through upgrades and innovation  Examine parking strategies that support higher density, mixed use development  Provide for planning and design assistance for improvements to public facilities within the district (such as parks, schools and local government buildings)  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as public parking facilities, communication infrastructure, streetscape elements, and other public infrastructure  Study the efficacy of a storm water district including the potential use of community storm water facilities  Support implementation of the Bozeman Fiber Master Plan and Feasibility Study, the community effort to address the broadband network, the crucial infrastructure necessary for next generation fiber-optic connectivity Program Initiatives  Continue the program to improve broadband infrastructure, and facilitate public-private partnerships in support of improved broadband infrastructure  Continue to support open access fiber optic networks to provide affordable broadband for the region's business community, public sector and residents, as described by the Bozeman Fiber Master Plan and Feasibility Study adopted pursuant to Resolution #4576.  Develop a program to facilitate transportation mode shift and to expand non-motorized and public transit travel (such as “Park and Ride” programs, ride sharing, bicycle garaging and sharing)  Establish a monetary incentive such as a revolving loan program in support of shared parking facilities among several businesses Capital Projects  Construct public parking infrastructure to facilitate transportation mode shift to expand non-motorized and public transit travel 251 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 37  Improve overall communication connectivity  Improve public lighting  Leverage state and federal funds for streetscape improvements that include transportation, safety, landscaping and lighting elements  Improve access and egress controls throughout the district  Enhance public safety through specific infrastructure improvements such as sanctuary/refuge locations, underpass improvements and high intensity activated cross walk signals  Support improvements to public facilities within the district (such as parks, schools and local government buildings, storm water facilities)  Support infrastructure improvements to and expansion of the broadband network for next generation fiber-optic connectivity Goal #4 – Promote Unified, Human Scale Urban Design Rationale: Protecting and building upon existing physical assets increases vitality, desirability and leverages economic development, strengthening community values and mutual support helping to eliminate the conditions that contribute to blight. Planning Initiatives  Develop a vision that will guide planning and design within the urban renewal district, which supports its role as a key corridor and fosters greater pedestrian orientation  Design unifying themes for the urban renewal district that reflect its role as a gateway from I-90, and key corridor and link to downtown Bozeman and Montana State University, while acknowledging neighborhood characteristics  Develop planning tools that address urban design elements: imageability, enclosure, human scale, transparency, complexity, coherence, legibility and linkage  Evaluate land use code requirements to remove obstacles in order to create a more vibrant, human-scale streetscape and foster economic vitality  Continue to develop planning tools that address streetscapes to o “Quiet down” streets through parking, traffic calming approaches, and other elements o Provide for more public landscaping and art along public rights of way o Promote private development that provides for significant landscaping o Incorporate “walkability” in design within the district o Maintain and enhance signage  Street Signs  Safety Signs  Directional and Way-finding Signs  Neighborhood “branding” signs 252 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 38 o Incorporate “complete streets” in designing transportation related infrastructure ( bike lanes, boulevards and pedestrian ways, etc.) while maintaining good traffic flow on main thoroughfares o Provide unified or neighborhood specific streetscape design elements including lighting, benches and garbage receptacles, etc.  Study street medians to determine their role and design  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as streetscape elements, etc. Program Initiatives  Provide choices to property owners for boulevard plantings, including drought tolerant plantings for sustainable water use  Establish a monetary incentive such as a revolving loan program to improve “curb appeal” of existing businesses to address design standards (such as facades, landscaping and lighting)  Establish a monetary incentive such as a revolving loan program to help transition from a vehicular focus (such as building orientation, parking facility placement and access points)  Foster public art projects  Establish a monetary incentive such as a matching grant program for the unified or neighborhood specific streetscape design elements  Establish / continue a streetlight banner signage program in support of the district and events and activities in the community  Work with residents, property owners and businesses to address litter and vandalism  Partner with area property owners and businesses to establish a public improvements maintenance program, including, but not limited to the creation of a business or special improvement district (for such things as sidewalk snow removal, landscaping maintenance, litter and garbage removal and streetlight banner installations) Capital Projects  Eliminate blighted conditions at the edges and entryways to the urban renewal district and its distinct neighborhoods  Improve the North 7th Avenue corridor, both visually and physically  Use signage and infrastructure improvements to enable way-finding and to better brand the area  Continue the Lighting, Gateway and related Sidewalk Improvements Project - the installation of new architectural street lights, gateway improvements and related sidewalk with boulevard improvements along the corridor to enhance pedestrian safety and to make the neighborhood more pedestrian friendly  Continue the Median and Boulevard Landscaping Project Goal #5 Support Compatible Urban Density Mixed Land Uses Rationale: A sense of place is strengthened by a strong core identity. Increasing live-work opportunities and community interaction, ensures that the North 7th Avenue area remains a great place to live, work, operate a business, and play, and helps to eliminate conditions that contribute to blight. 253 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 39 Planning Initiatives  Assess the need for a variety of housing types, including, but not limited to co-op, transitional, senior, and special needs  Study opportunities for “live-work” and mixed commercial residential development  Study strategies to expand affordable housing opportunities for all populations  Evaluate land use code requirements (such as building height restrictions, parking requirements and signage restrictions), to remove obstacles in order to increase density, support mixed-use development and foster economic vitality  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as redevelopment projects, affordable housing, etc. Program Initiatives  Promote mixed use or activity centers to take advantage of economies of scale in providing services, access and sustainability  Promote public-private partnerships to create urban density mixed land use  Provide incentives in the land use code requirements to foster residential development in the Whittier School attendance area to take advantage of this neighborhood school  Provide incentives in the land use codes requirements to foster upper story residential development  Establish a monetary incentive such as a revolving loan program in support of rehabilitation of residential and commercial properties that increases density  Establish a monetary incentive such as a revolving loan program that supports the rehabilitation of residential and commercial properties that increases the number of housing units and live-work opportunities  Establish a monetary incentive such as a revolving loan program that supports sustainable approaches to such things as water use, energy conservation and storm water mitigation  Consider establishing a monetary support program (revolving loan, matching grant, grant) for the development or acquisition of parks or recreational areas to serve the district; and to meet park or open space requirements Capital Projects  Support the development or acquisition of parks or recreational areas to serve the district  Per 7-15-4233, MCA, as opportunities present themselves, improve, clear, or prepare for redevelopment any real or personal property in the urban renewal area that increases density, increases employment and/or that expands mixed use opportunities 254 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 40 Chapter 6. Project Evaluation Criteria Chapter 7 of this Plan provides a list of potential funding sources, including Tax Increment Financing (TIF), that can be used in funding urban renewal projects and programs. However, given the myriad of urban renewal activities that could potentially occur within the Bozeman Midtown Urban Renewal District, it will be necessary to review each proposed project or program with respect to the Plan’s guiding principles, initially introduced in Chapter 1, as well as identified goals and strategies found in Chapter 5. Guiding Principles This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this end the following principles will guide revitalization and redevelopment efforts in the URD. Readiness – The renewal of the Bozeman Midtown URD will occur in stages, as resources and opportunities become available. In some cases, specific projects will occur in support of private investment that would otherwise not occur without a corresponding investment in public infrastructure. Also, new program initiatives or funding opportunities may present themselves from time to time, which can help bring certain urban renewal projects forward. Leveraging – Projects that make use of a variety of public and private resources including state and federal grants, loans and specialized tax credits, as well as tax increment funds are encouraged. Design – Midtown serves as a significant entryway into the City of Bozeman. North 7th Avenue, which is the primary thoroughfare within the district, connects Interstate 90 with Main Street and Downtown Bozeman, and with Montana State University. While the area is characterized by a mix of commercial uses, it is also serves to welcome visitors and students to the community. Therefore, urban renewal projects should be designed to complement this important role. Thoughtful, well-designed development that enhances the role of Midtown as a key gateway will, in turn, draw additional investment over time. Public-Private Partnerships – The successful redevelopment of the Midtown URD will depend on cooperation between the public and private sectors. As noted above, significant private investment will likely require associated public financing of municipal and quasi-public improvements, such as multi-modal transportation facilities, sewer and water improvements, utilities and communication infrastructure. Funding sources for capital projects will include, but not be limited to Tax Increment Financing (TIF). Specific projects will be undertaken in accordance with the Montana Urban Renewal Law, 7-15-42 and 7-15-43, MCA. In addition, the Montana Urban Renewal Law provides for creation of revolving loan programs, funded by TIF, in support of projects that may involve non-governmental entities, if provided for in the urban renewal plan. (7-15-4292 MCA) The City of Bozeman intends to make use of a revolving loan fund in forging public-private partnerships. 255 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 41 Criteria Description Based on these guiding principles, the following twelve criteria will be used in evaluating projects and programs and in setting priorities, in the context of limited financial resources. These criteria are listed in no particular order or ranking of importance. Criteria. Project design and readiness (phasing potential) – Is the project ready to go forward? For example, are any necessary permits in place? Has due diligence been completed? Does the project lend itself to phasing or segmentation that enables portions of the project to stand alone? Criteria. Leverage ratios of public to private funds invested – Are urban renewal dollars leveraging private investment? For example, does the installation of public infrastructure correspond to growth in business and/or residential development? Or what is the percent of public dollars invested in the infrastructure as compared to private dollars? Criteria. Health and safety concerns – Does the project address a condition of blight that endangers the “health, safety….and welfare” of the residents? Does it improve fire and life safety requirements? Does it reduce emergency response time? Criteria. Opportunity to take advantage of new initiatives and funding sources – Does the project or program enable the City to take advantage of a new initiative or funding source that can be matched or leveraged by urban renewal dollars and/or private investment? Criteria. Critical infrastructure and/or connectivity needs – Does the project enable better connectivity within the urban renewal district and/or between the urban renewal district and the community? For example projects that support improved multi-modal transportation or better access to the community telecommunications network might be given greater priority. Criteria. Opportunity to support mixed-use developments including residential – Does the project or program provide for mixed-uses, and per Goal #5, increase live-work opportunities and community interaction? Criteria. Opportunity to better use land through the development of vacant and/or underutilized space – Does the project make use of vacant land within the district, thereby improving connectivity and increasing density of use? Criteria. Job creation – Does the program or project create new employment opportunities and/or opportunities for workforce training? Projects which create more jobs per public funds invested will be more desirable. There may also be opportunities to partner with businesses, organizations and educational entities to provide vocational and professional training. Criteria. Resulting increase in taxable value – Projects that improve the overall property tax base within the district increase the amount of tax increment dollars available for urban 256 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 42 renewal activities. Over the long term, improving the tax base can assure continued economic health within the urban renewal district and the community well into the future. Criteria. Ability of project to enhance Midtown’s role as a key gateway and link to the Downtown and Montana State University – Does the project support the role of Midtown as an important connection from Interstate 90 to Downtown and to the University? Criteria. Consistency with adopted plans including the Bozeman Midtown Urban Renewal Plan – Does the project reflect the vision, goals and objectives set forth in the Bozeman Community Plan and other adopted plans? Criteria. Sustainability, one-time infusion of funds versus on-going need for funding – Will the project require on-going support to be sustainable? Are other, longer-term funding strategies considered in project planning? How The Criteria are Used The extent to which these criteria are applied will depend on the specific project or program being considered. They are intended to provide a decision making framework to set priorities. In most cases, only some of the criteria would apply for a specific project or program. For instance, some projects might rank higher with respect to job creation, while others may result in greater private investment. Public investment in infrastructure to improve connectivity may or may not result in an increase in taxable value. Through the process of preparing annual work plans, more specificity may be assigned to some or all of the criteria, based on changing community and district priorities. Given the wide range of potential activities, the criteria will be particularly effective in evaluating similar project proposals, such as multiple proposals to install public infrastructure, or in reviewing applications for grants and loans. The criteria can also be used to develop more specific guidelines for grant and loan program established under this plan. The criteria become particularly important as Economic Development Staff make recommendations to the City Commission regarding the funding of projects and programs during the budget approval process. Demonstrating how each proposed activity meets the criteria will assist the Commission in evaluating its appropriateness with respect to the goals and objectives of the urban renewal plan as well as of the community as a whole. 257 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 43 Chapter 7. Implementation The Bozeman Midtown Urban Renewal District Plan provides a framework for the rehabilitation and redevelopment of the Urban Renewal District. Upon its adoption, this Plan will serve as the official policy guide for public action. However, these policies can only be transformed to action through an effective implementation program. Key to implementation will be sound processes of administration, financing and program evaluation. Administration Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a municipality may itself exercise its urban renewal project powers, or may, “if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created under 7-15-4232 MCA, or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.” The City of Bozeman may establish an urban renewal agency under this provision to direct the projects and programs outlined in the Urban Renewal Plan, as provided by statute. The City of Bozeman has chosen to exercise its urban renewal project powers directly, or to assign them to municipal departments, rather than establish a separate urban renewal agency. The City Commission may create an urban renewal district board to serve in an advisory capacity to the Commission in planning for, implementing and administering a program of rehabilitation and revitalization for the District. The board provides opportunities for stakeholders in the District, including property owners, business owners, residents and school district representatives to participate in formulating urban renewal projects and programs. The annual work program and budget, listing the activities and costs of the activities for the coming fiscal year, as well as the method of financing those activities are prepared by the Director of Economic Development, and reviewed and approved by the City Commission. This program and budget can be amended during the course of the fiscal year in light of funding and program opportunities and changes. Urban renewal activities undertaken must be in accordance with Montana State statute. Powers which may be execised by an urban renewal agency or authorized department are defined by statute. Projects and Programs The City of Bozeman will implement programs and evaluate projects based on the guiding principles and goals of this Urban Renewal Plan. Given that private development will be necessary to generate tax increment funds, business development must occur hand in hand with other community based revitalization activities. The Bozeman Midtown urban renewal program will make use of a variety of financing in achieving the goals of this plan, including: Public Investments • Annual Tax Increment Appropriations – The City of Bozeman may finance smaller public infrastructure improvements and renewal programs from its annual tax increment receipts by appropriation. Funds available each year would be determined by the size of the annual increment and any prior commitments (such as bond debt service requirements and administrative costs). 258 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 44 • Tax Increment Bonds – The City of Bozeman will issue tax increment financing (TIF) revenue bonds if necessary, as revenues allow, to finance major capital projects. TIF bonds will enable the local government to finance projects up-front and then retire the debt through annual tax increment receipts. • Other Debt Financing – The City of Bozeman may borrow funds through local, state and federal loan programs in order to finance public improvements. Annual tax increment revenues may be used to make principal and interest payments • Local, State and Federal Funding Mechanisms – There are a number of funding resources available to communities to undertake planning and capital improvement projects. These are listed in the funding section below. Private Sector Development In addition to public sector investments, the urban renewal program can assist property and business owners in specific renewal activities including the following: • Tax Increment Financing Revolving Loans – In 7-15-4292, MCA, the Montana TIF statute provides for the establishment of loan programs, whereby TIF funds may be used to support public and private urban renewal projects in support of the goals of the Urban Renewal District. As principal and interest payments are made, the funds may be loaned again, even after the TIF District sunsets. The management of a revolving loan program may be undertaken directly by the City, or through a contract with another entity. • Tax Increment Grants – In some cases urban renewal agencies can make grants to private entities to support projects that are in the community’s best interest, and are in keeping with the purposes of the Montana Urban Renewal Law, such as historic preservation, public safety, landscaping and the removal of blight. Examples include: o Restoration of historic building facades o Stabilization of structures that have been neglected or abandoned o Installation of life safety equipment such as sprinkler systems o Installment of landscaping, lighting and other design features that support a unifying theme for the District • Other Assistance – The urban renewal program can assist private sector projects in a variety of ways, by providing technical assistance and helping property owners access federal, state and local resources and incentives for development. Partnership Development The urban renewal program will rely on cooperative efforts among the local government, district property owners, and economic development organizations to achieve its goal of fostering revitalization. In many cases, these cooperative partners will work jointly on market analyses, business recruitment and capital improvements planning. Also, as noted above, it will be necessary to work with other local, state and federal entities in providing additional financing and matching funds to undertake projects and programs in the Bozeman Midtown Urban Renewal District. 259 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 45 Potential partnerships can be forged using a variety of programs and funding mechanisms. A sampling of these is provided in the following section. Financing Tax Increment Financing As noted above, the implementation of the Bozeman Midtown Urban Renewal Plan will include the use of Tax Increment Financing (TIF). More particularly, costs that may be paid using TIF dollars are included in 7-15-4288, MCA: A tax increment program is authorized for 15 years or longer if the tax increment revenue is pledged to the payment of tax increment bonds. 7-15-4289, MCA provides for the use of tax increments for bond payments. The tax increment may be pledged to the payment of the principal of premiums, if any, and interest on bonds, which the municipality may issue for the purpose of providing funds to pay such costs. The City of Bozeman will use Tax Increment Financing in the Bozeman Midtown Urban Renewal District as defined in this Urban Renewal Plan. The base year for the purposes of measuring any incremental value within the original district boundaries will continue to be 2006, while the base year for the expanded portions of the district will be 2015. Per 7-15-4291, MCA, the City of Bozeman may enter into agreements with the other affected taxing bodies to remit to such taxing bodies any portion of the annual tax increment not currently required for the payment of the costs listed in 7-15-4288, MCA or pledged to the payment of the principal of premiums, if any, and interest on bonds. Other Financing Mechanisms There are a number of financial assistance programs that can be used in the revitalization of the Bozeman Midtown Renewal District in addition to Tax Increment Financing. Financing strategies for addressing urban renewal needs identified in this Plan will likely include combining various funding sources. For example, a local special improvement district might be used in combination with a Montana Board of Investment Intercap loan to match federal or state dollars. The following is a summary of programs available to fund urban renewal projects: Transportation Infrastructure This section describes funds and funding sources that are available to finance urban renewal transportation related projects. These funding methods, such as local option taxes, improvement districts and other types of bonds, enable local citizens to participate in funding projects. In general, however, the ability to use additional property tax levies to fund urban renewal is governed by Montana Statute under 15-10-402 MCA that limits taxes to 1996 levels. A. Bridge and Road Mills (Property Taxes) Montana law provides for cities (7-14-4101, MCA) to manage transportation infrastructure. Counties are specifically responsible for all the bridges in a county, including those within cities 260 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 46 and towns, except those managed by the Montana Department of Transportation. Municipalities may establish a road fund under 7-14-4113 MCA. B. Transportation Improvement Authority Established under 7-14-1001, MCA, the purpose of a transportation improvement authority is to blend the interests of local, state, and federal governments with the interests of the general public and the business community to build, modify, or improve transportation facilities and systems within its jurisdiction. A county and a municipality within a county may, by joint resolution, create a transportation improvement authority. The Authority may enter into contracts and accept local, state, federal and private funds to undertake transportation projects. C. Transportation Alternatives Program (TA Program), Montana Department of Transportation The Transportation Alternatives (TA) Program authorized under Section 1122 of the Federal Highway Administration’s Moving Ahead for Progress program -MAP-21 (23 U.S.C. 213(b), 101(a)(29)), replaces the former Community Transportation Enhancement Program. It provides approximately $4 million annually to eligible entities including local governments, for activities defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities, infrastructure projects for improving non-driver access to public transportation and enhanced mobility, community improvement activities, and environmental mitigation; recreational trail program projects; safe routes to school projects; and projects for the planning, design or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. D. State Fuel Tax Under 15-70-101, MCA, Montana assesses a tax on gasoline and diesel fuel used for transportation purposes. Each municipality receives a portion of the total tax funds allocated to cities and Towns based on: 1) The ratio of the population within each municipality to the total population in all cities and Towns in the State; 2) The ratio of the street mileage within each municipality to the total street mileage in all incorporated cities and towns in the State. The street mileage is exclusive of the Interstate, National Highway, and Primary Systems. All fuel tax funds allocated to local governments must be used for the construction, reconstruction, maintenance, and repair of rural roads or city streets and alleys. Priorities for the use of these funds are established by the cities receiving them. Debt Financing – All Types of Projects Local governments can make use of various kinds of debt financing to fund urban renewal projects. In addition to Tax Increment Financing Bonds discussed above, these include revenue bonds, special improvement district bonds and general obligation bonds. Debt financing enables local governments to finance major infrastructure projects using future revenue from special assessments, user fees, and other forms of revenue. Under 7-7-4101, MCA, a local government has power to incur indebtedness by borrowing money, issuing bonds, issuing notes, entering into leases, entering into lease-purchase agreements, or entering into installment purchase contracts for the following purposes: 261 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 47 1) acquiring land for and designing and erecting public buildings; 2) acquiring land for and designing and constructing sewers, sewage treatment and disposal plants, waterworks, reservoirs, reservoir sites, and lighting plants; 3) supplying the municipality with water by contract and the construction or purchase of canals or ditches and water rights for supplying municipality with water; 4) designing and constructing bridges, docks, wharves, breakwaters, piers, jetties, and moles; 5) acquiring, opening, or widening any street and improving the street by constructing, reconstructing, and repairing pavement, gutters, curbs, and vehicle parking strips and to pay all or any portion of the cost relating to the project; 6) purchasing or leasing fire apparatus, street and other equipment, and personal property, including without limitation, vehicles, telephone systems, and photocopy and office equipment, including computer hardware and software; 7) building, purchasing, designing, constructing, and maintaining devices intended to protect the safety of the public from open ditches carrying irrigation or other water; 8) funding outstanding warrants and maturing bonds; and 9) repaying tax protests lost by the local government or other municipal corporation. The local government incurs various administrative costs in conjunction with issuing bonds. These costs include the retention of legal counsel and financial consultants, the establishment of reserve funds and the preparation of the prospectus and various required documents. These bonds provide tax-free interest earnings to purchasers and are therefore subject to detailed scrutiny under both state and federal law. The citations in the Montana Code are listed below, for each type of bond described. A. Special Improvement Districts Under 7-12-4101, and 7-12-4102 MCA, cities and towns can create special improvement districts for a number of activities including: • The acquisition, construction or reconstruction of public streets and roads • The acquisition, construction or reconstruction of sidewalks, culverts, bridges, gutters, curbs, steps and parks including the planting of trees • The construction or reconstruction of sewers, ditches, drains, conduits, and channels for sanitary or drainage purposes, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers, ditches, drains, conduits, channels, and other appurtenances • The construction of sewer and water systems including fire hydrants • The acquisition and improvement of land to be designated as public park or open-space land • The conversion of overhead utilities to underground locations in accordance with 69-4-311 through 69-4-314, MCA • The purchase, installation, maintenance, and management of alternative energy production facilities B. Business Improvement District Business Improvement Districts (BIDs) are authorized under 7-12-1101 et. seq MCA. This provision of the law allows the local governing body to assess properties, upon the request of property owners within a district to fund the following activities: 262 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 48 • provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district • landscape and beautify public areas and to maintain those areas • contract with the governing body to maintain, operate, or repair public parking facilities • contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon • promote private investment and business expansion in the district • provide for the management and administration of the affairs of the district • promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district • perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. C. General Obligation Bonds General obligation bonds are backed by the full faith and credit of the local government and must be approved by the voters in an election. General obligation bonds are generally payable from ad valorem taxes (based on the value of property) and expressed in mills. General obligation bonds are attractive to bond buyers because they have voter approval and are not as vulnerable to fluctuations in revenue. Municipalities are assigned a bond debt limit based on a percentage of taxable valuation. General obligation bonds must fall within this limit. D. Municipal Revenue Bonds Under 7-7-4401, MCA, a municipality may issue revenue bonds to finance any project or activity authorized NOTE: Pursuant to 7-15-4218, MCA, voter approval of urban renewal plan required when general obligation bonds to be used. If the plan or any subsequent modification thereof involves financing by the issuance of general obligation bonds of the municipality as authorized in 7-15-4302(1) or the financing of water or sewer improvements by the issuance of revenue bonds under the provisions of part 44 of chapter 7 or of part 43 of chapter 13, the question of approving the plan and issuing such bonds shall be submitted to a vote of the qualified electors of such municipality, in accordance with the provisions governing municipal general obligation bonds under chapter 7, part 42, at the same election and shall be approved by a majority of those qualified electors voting on such question. Railroad Crossing Related Programs A. Federal Surface Transportation Program - Rail/Highway Crossing Protective Devices Program The purpose of the Federal Rail/Highway Crossing – Protective Devices Program is to identify high hazard rail crossing sites and install new rail crossing signals. MDT's Rail - Highway Safety manager is responsible for surveying, identifying and prioritizing those railroad crossings that require new protective devices or upgrading of existing devices. The funds are distributed on a statewide basis determined by a priority list ranked by a hazard index. The Federal/State ratio is 90% Federal and 10% State. 263 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 49 B. Federal Surface Transportation Program - Rail/Highway Crossing Elimination of Hazard Program The purpose of the Federal Rail/Highway Crossing – Elimination of Hazard Program is to identify high hazard rail crossing sites and construct new rail/highway grade crossings. The program also uses funds to rehabilitate existing grade separations. Grade separation projects are funded with 90% Federal funds and 10% State funds. Since funding for this program is limited, funds are often used in combination with other Federal funding sources to fund costly grade separation projects. Eligible expenditures include the separation or protection at grade crossings, reconstruction of existing crossings and relocation of highways to eliminate crossings. Projects for this program are selected by identifying those sites where only a grade separation will eliminate an identified hazard or where an existing grade separation exists but needs rehabilitation or replacement. Funding for Public Improvements (Sewer, Water, Roads, Community Facilities, Parks) A. Treasure State Endowment Program ~ Montana Department of Commerce The Montana Treasure State Endowment Program (TSEP) is a state-funded program, authorized under 90-6-701 through 710, MCA, and is administered by the Montana Department of Commerce (MDOC). It is designed to assist local governments in financing capital improvements to sewer and water facilities. Funds are derived from the Montana coal severance tax and made available to local governments as matching grants, loans and grant/loan combinations. TSEP also provides matching grants of up to $15,000 to local governments for preliminary engineering study costs. TSEP funds may not be used for annual operation and maintenance; the purchase of non- permanent furnishings; or for refinancing existing debt, except when required in conjunction with the financing of a new TSEP project. Grant requests cannot exceed $500,000 and the local government must typically provide a dollar for dollar match that can include other grant funds. Matching funds can be public or private funds provided by a TSEP applicant to directly support the cost of eligible project activities. There are a number of ways in which local governments can provide matching funds for bridge projects. Eligible types of matching funds include: • local general funds or other cash; • proceeds from the sale of general obligation, revenue, special assessment or other bonds; • entitlement or formula-based federal or state funds such as federal highway funds or payments in lieu of taxes; • loan or grant funds from a state or federal program (including TSEP loans); • funds expended for engineering studies, reports, and plans, or other reasonable expenses expended for the preparation of the application, directly related to the project during the period 24 months prior to the TSEP application deadline; • funds expended after the TSEP application deadline, but before being approved by the Legislature, for project management, final engineering design, and other reasonable expenses necessary to prepare the project as in the TSEP application for the construction phase; • the value of land or materials provided by the applicant, if appraised within a two-year period preceding the application deadline. The appraisal must be: • an impartially written statement that adequately describes the land or materials, and states an opinion of defined value as of a specific date; • supported by an analysis of relevant market information; and • prepared by a qualified appraiser independent from the applicant. 264 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 50 • the value of labor performed by the applicant’s employees on the project, after the TSEP project has been approved for funding and a TSEP contract has been signed, as long as the employee is paid at his or her standard hourly rate of pay and the time worked is adequately documented; and • the value of machinery used in the process of constructing the project that is owned (or leased) and operated by the applicant. The value of the use of the machinery will be determined using the Federal Emergency Management Agency (FEMA) equipment rate schedules. B. The Montana Intercap Program ~ Montana Board of Investments The INTERCAP Program is a low cost, variable-rate program that lends money to Montana local governments, state agencies and the university system for the purpose of financing or refinancing the acquisition and installation of equipment or personal and real property and infrastructure improvements. The Board of Investments issues tax-exempt bonds and loans the proceeds to eligible borrowers. In addition to long-term financing, INTERCAP is an excellent source for interim financing. Funding is always available with no specific cycle. Allocations of $200,000 and under are considered and approved by the Board of Investments staff. Allocations in excess of $200,000 are considered and approved by the Board. Funds are released on an on-going basis as the project is completed. The program provides loans at a variable rate plus a one percent loan origination fee on loans over one year and for a term of 5 or 10 years depending on the borrower's legal authority. Short-term loans of less than a year are also available. Interest and principal payments are due bi-annually (February 15 and August 15 of each year). Loans may be pre-paid without penalty with 30 days notice. Types of financing include installment purchase loans, general fund loans, general obligation bonds, revenue bonds and special improvement district and rural improvement district bonds. Gas tax revenues may not be used to service debt. Projects that will use rural improvement district payments to cover the annual debt are limited to a total loan of $300,000. Intercap funds may be used in association with other grant and loan programs as well as local sources. C. Community Development Block Grant (CDBG The Community Development Block Grant (CDBG) Program is a federally funded grant program that provides assistance to communities with community development needs such as housing, public facilities, economic development and planning grants. All projects must be designed to principally benefit low and moderate-income families. The program was established by the Federal Housing and Community Development Act of 1974 (42 USC 5301) and is administered nationally by the U.S. Department of Housing and Urban Development (HUD). The Legislature authorized the Montana Department of Commerce (MDOC) to administer the program beginning in 1982. Eligible activities include planning, public facilities construction, housing and neighborhood renewal and economic development. D. Public Works Program ~ Economic Development Administration The Economic Development Administration (EDA) is an agency within the U.S. Department of Commerce. The purpose of the Public Works Program is to assist communities with the funding of public works and development facilities that contribute to the creation or retention of private sector jobs and to the alleviation of unemployment and underemployment. Such assistance is 265 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 51 designed to help communities achieve lasting improvement by stabilizing and diversifying local economies, and improving local living conditions and the economic environment of the area. Grants are awarded up to a participation level of 80 percent but the average EDA grant covers approximately 50 percent of project costs. Acceptable sources of match include cash, local general obligation or revenue bonds; Community Development Block Grants, TSEP grants and loans, entitlement funds, Rural Development loans; and other public and private financing, including donations. Projects must result in private sector job and business development in order to be considered for funding. Eligible applicants under this program include any state, or political subdivision thereof, Indian tribe (and other U.S. political entities), private or public nonprofit organization or association representing any redevelopment area if the project is within an EDA-designated redevelopment area. Redevelopment areas, other than those designated under the Public Works Impact Program must have a current EDA-approved Overall Economic Development Program (OEDP) in place. E. Water, Wastewater and Solid Waste Action Coordinating Team In 1982, a group of professionals from state, federal, and non-profit organizations that finance, regulate, or provide technical assistance for community water and wastewater systems, decided to start meeting in order to coordinate and enhance their efforts. This group calls itself the "Water, Wastewater and Solid Waste Action Coordinating Team" or W2ASACT for short. W2ASACT meets several times a year to find ways to improve our state's environmental infrastructure. All of the programs represented in W2ASACT have different missions and meet unique needs. However, it has been the common elements shared by the funding programs that have been the driving force of W2ASACT. These programs provide money (grants or loans), take applications from communities to fund their projects, and administer those monies once the project is funded. While W2ASACT cannot change all of the state or federal requirements, it can identify unnecessary duplication of requirements that make compliance difficult for communities. Voluntary Programs In some cases, homeowner associations, business groups or other property owners may finance urban renewal projects voluntary basis. Bozeman Midtown Urban Renewal Program Evaluation and Plan Amendments This Urban Renewal Plan will be evaluated on a yearly basis in conjunction with the preparation of the annual report. Measures that may be used in evaluating program success include:  Increases in the property tax base  Creation of jobs within the Bozeman Midtown Urban Renewal District  Elimination of blighted conditions The plan provides flexibility to accommodate a variety of approaches. However, changes over time may necessitate more formal amendments to the Urban Renewal Plan. The Urban Renewal Plan may be modified by ordinance under 7-15-4221 MCA. 266 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 52 267 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 53 Appendix A. Public Meetings Summaries North Seventh Urban Renewal Board Meeting August 6, 2015 Summary Notes on Midtown Expansion Statement of Blight Attendees: Board Members Andrew Cetraro Susan Fraser Tracy Menuez Austin Rector Carl Solvie Carson Taylor Board Members Absent Scott Hedglin Kevin Cook Bill Fogarty Esther Schwier Staff David Fine Allyson Brekke Tom Rogers Brit Fontenot Consultants Lanette Windemaker Public Attendees Steve Johnson, School Superintendent This is the Statement of Blight on the 7 areas that we were directed to review. It will be going to the City Commission on August 24 as an attachment to the Resolution of Necessity. Our review of the areas for possible expansion documents the conditions in these areas, generally finding them to be eligible for inclusion in the District, for reasons which include. • The presence of obsolete buildings and aging public infrastructure • Deteriorating or lack of sidewalks creating unsafe conditions for pedestrians • Dead-end, incomplete or unconnected streets • Vacant, neglected empty spaces within the urban core of Bozeman • Faulty lot layout, characterized by poor drainage and/or excessive or undeveloped access Andrew – we need to be sure that the focus continues to be N7th and existing businesses, and doesn’t shift to the grass (open undeveloped) areas. Carl – we should be able to promote development as well as focus on redevelopment Andrew – Convention center is probably not a focus. Carl – agrees with the N7th focus. Carson – Murdoch’s is an obvious addition because it is on N7th, and 1 and 2 at the south end as well. They allow a continuation of Main Street to N7th. Lanette – there will be in the new plan a chapter that addresses criteria for ranking, and given the original premise for this URD, redevelopment along N7th will probably always ranking higher that new development of the grass areas. Dave – will the school board support the inclusion of the rest of Whittier. Steve Johnson – agrees with the premise on Murdoch’s, but of other areas are going to develop anyway, why not let the school district benefit from the taxes. Would like the URD board to consider supporting enhancement to Whittier. Dave – I see support Whittier as incentivizing residential in the area. Lanette – Based on previous input support for Whittier will be included in the plan. 268 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 54 It was the Unanimous Recommendation of the Board to Support the 7 Areas of Expansion. Summary Notes North Seventh Urban Renewal Board Meeting on North Seventh Avenue (Midtown) Urban Renewal Plan/District Expansion July 14th, 2015 Attendees: Board Members Scott Hedglin, Chair – voting Andrew Cetraro – voting Kevin Cook Carl Solvie – voting Austin Rector Carson Taylor – City Commission Liason Susan Fraser – voting Esther Schwier Absent: Bill Fogerty - voting Staff David Fine Allyson Brekke Tom Rogers Brit Fontenot Consultants Janet Cornish Lanette Windemaker Tony Becken-Gaddo, Dowl – Easement Acquisition on North 7th Public Attendees Gary Lusin, School Board Trustee Rob Watson, School Superintendent Cyndy Andrus, City Commission Eric Garberg, Planning Board Chair Kyle Scarr, TD&H Input on Expansion: Include all areas as previously decided, plus the remainder of the Whittier School property and the area just north of Murdock’s (pending annexation). Input on Urban Renewal Plan:  Increase the tools available for urban renewal activities including: • Public-Private Partnerships • Revolving Loan Programs • Fee mitigation • Grants (augment existing grant program) • Relaxation of sign ordinance (perhaps as an incentive tool) • Impact fee reimbursement • Other investment incentives such as writing down the cost of land to facilitate major projects in the district  Expand trail system north of I-90  Improve safety for students through the Safe Routes to School Program • Whittier School • Bozeman High School  Develop open space and event areas 269 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 55 • Aspen as a “festival street” and public anchor • The BMX area (if included in the District)  Improve area infrastructure • Enhance intersections • Connect infrastructure in and out of the district • Improve water, sewer and transportation infrastructure • Reconstruct streets • Create 8th Avenue where it is missing as an important secondary access • Improve broadband services to and within the district  Engage in urban renewal activities as provided for in statute; e.g. “to improve, clear, or prepare for redevelopment any real or personal property in an urban renewal area” (7-15-4233 MCA)  Promote/Market Midtown • Branding programs including those that tie “Midtown” to MSU • Gateway development • Marketing and outreach plans  Promote mixed-uses and higher density development, such as upper story residential development • Stimulate critical residential mass to help support commercial development  Coordinate mixed use development with better pedestrian access  Develop a variety of housing types in the urban renewal area • Co-op • Transitional • Senior/Special Needs • Income diverse  Provide for “live-work” opportunities in the district (targeting millennials as well as other groups who want to live and work in close proximity.)  Install way-finding signage • Within the district • On I-90 • Use the “Midtown” brand in the signage (early on to establish the name in association with the district)  Address design and zoning issues in the district • Provide choices to property owners for boulevard plantings, including drought tolerant plantings for sustainable water use • Address the medians – Should the medians be removed to make the area more like a CBD or should they be kept and enhanced, perhaps as gateway features? • Raise the building height restrictions to promote more multi-story buildings • Use design elements to link Midtown to Downtown • Install “traffic calming” art work • Develop a specific “vision” of the urban renewal district’s character – more like downtown? o Greater pedestrian orientation o Less of a vehicular pass through • Relax parking requirements 270 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 56 • Relax signage restrictions  Undertake Economic Development Planning that considers • A Convention/Conference Center • High-Tech companies (“groupings”) • Facilitation of “big deals”, through land acquisition, consolidation and roadblock reduction  Discourage business enterprises that create blighted conditions in the district through: • Zoning • Parking requirements • Design standards  Stimulate residential development in the Whittier School attendance area to take advantage of this neighborhood school  Help make improvements to obsolete facilities at the Whittier School • Planning and design assistance • Capital projects  Provide for public parking • Parking structure • Shared parking programs  Support multi-modal transportation • Develop bus stops in the district • Improve pedestrian safety at crossings and throughout the district  Foster sustainable approaches to: • Water use • Energy use – provide incentives for projects that use alternative energy • Storm water mitigation (preferably not using developable land)  Work with Gallatin College to develop partnerships in higher education for • Continuing education • Distance learning  Address ongoing maintenance needs including snow removal using various funding mechanisms (TIF, BID)  Participate in environmental mitigation/remediation efforts 271 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 57 Appendix B. Planning Consistency Review Planning Consistency Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy and the planning commission shall submit its written recommendations to the local governing body. The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer & Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It included studies on transportation, street planning, zoning districts, parks and recreation, schools, park roads, and sanitation and health. The City made significant progress in comprehensive planning with the October 2001 adoption of the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous comprehensive plans and complied with the new planning standards. The 2020 Plan recognized the changing nature of the economy and expanding knowledge of community development standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use and physical infrastructure planning. The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition, Bozeman has completed many infrastructure and topic plans that have some influence on the area included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are: • Design and Connectivity Plan for North Seventh Avenue Corridor. • Design Objectives Plan for Entryway Corridors. • Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. North Seventh Avenue Urban Renewal District Plan; October, 2006 In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal Plan with a provision for tax increment financing, to be calculated using a base year of 2006. The following excerpts and specific statements were included in the 2006 North Seventh Avenue Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and describing the land uses and zoning in the area at that time. “Growth Policy Land Use Designations The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N 5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak Street contains Regional Commercial and Industrial designations. 272 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 58 Zoning Classifications The District primarily consists of “B-2 Community business District” zoned parcels. East of the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and “M-1 Light Manufacturing” zoned parcels are located on the north end of the study area Land Area The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763 acres which comprised the total area of the city of Bozeman in August, 2005. Land Use The District primarily includes areas of commercial, residential, agricultural, industrial, and public uses. Commercial Activity The District includes one of the city’s oldest auto oriented commercial strips. Much of the area was developed more than fifty years ago and much has been developed or will develop largely due to the influences of transportation features, particularly North Seventh Avenue, Interstate 90 and Oak Street. These transportation corridors shape many of the elements of the District including platting of land and land use, access, traffic and circulation, and development patterns Residential Neighborhoods Well established and well kept residential neighborhoods adjoin North Seventh Avenue commercial development on both the east and west. A portion of these neighborhoods is included in the District to assure that redevelopment of the Corridor includes careful consideration of the issues associated with these established residential areas.” Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the Bozeman Community Plan To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the growth policy as required by 7-15-4213 MCA. Growth Policy Review The Bozeman Community Plan was reviewed in order to determine whether the growth policy adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community Plan has been found to include: • Goals and Objectives that support the urban renewal, economic development, and development of infrastructure that encourages urban renewal and economic development in the community. • The inclusion of tax increment financing among the strategies to be implemented to achieve the Bozeman Community Plan’s goals and objectives. • The identification of land use through maps and/or text of lands. 273 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 59 An overall review of the goals and objectives of the growth policy indicates no conflicts for an urban renewal project with the growth policy. The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the vision, goals and objectives of the Bozeman Community Plan. 1-2 Vision Statement (Page 1-2)  Bozeman’s unique identity, characterized by its natural surroundings, its historic and cultural resources, and its downtown, which is the heart and center of the community, is preserved and enhanced.  Bozeman’s economy is strong, diverse and sustainable.  Our natural resources are protected and preserved for future generations.  A diversity of recreational facilities, activities, and parks are provided.  Public services and infrastructure support our growing population in a cost-effective manner.  The community development pattern is sustainable, and preserves our health, safety, and quality of life.  The housing stock provides quality, affordability, and choice.  Our development pattern encourages and enables the use of diverse modes of transportation.  Our quality of life is enhanced by the arts.  Our governmental agencies, including the City of Bozeman and Gallatin County, work together in a cooperative and coordinated way for the good of the region.  An actively engaged citizenry has a wide array of opportunities to participate in civic life.  Our community recognizes that the individual and collective choices we make have consequences. 1.3 Addressing Growth & Change Goals and Objectives Goal G-1: Growth Management - Promote the unique history and character of Bozeman by preserving, protecting, and enhancing the overall quality of life within the planning area. (Page 1-3) Rationale: To ensure that Bozeman remains a great place to live, work, operate a business, and play we need to protect the qualities that make people and companies want to be here in the first place. • Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly open manner that maintains Bozeman as a functional, pleasing, and social community. • Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are available and/or financially guaranteed in accordance with facility or strategic plans prior to, or concurrent with, development. • Objective G-1.3: Require development to mitigate its impacts on our community as identified and supported by evidence during development review, including economic, health, environmental, and social impacts. • Objective G-1.4: Ensure that Bozeman grows in a sustainable manner with consideration for climate change, health and safety, food production, housing, employment opportunities, natural hazard mitigation, and natural resource conservation. 274 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 60 Goal G-2: Implementation – Ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective, fair, and are reviewed for consistency with this plan on a regular basis. (Pages 1-3 and 1-4) 3.3 Land Use Goals and Objectives Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. (Page 3-6) Rationale: A sense of community is strengthened by distinctive areas which facilitate neighborhood identity. This is strengthened when essential services are available and encourage informal interactions. Full featured neighborhoods allow extensive interaction and build identity with a specific part of the community. A sense of place does not prohibit change or continued evolution of the community. • Objective LU-1.1: The land use map and attendant policies shall be the official guide for the development of the City and shall be implemented through zoning regulations, capital improvements, subdivision regulations, coordination with other governmental entities, and other implementation strategies. • Objective LU-1.2: Review and revise regulatory standards and City policies to ensure that develop advances the vision, goals, and objectives of this plan, and sprawl, as defined in Appendix K (of the Community Plan), is discouraged. • Objective LU-1.3: Encourage positive citizen involvement in their neighborhood and community. • Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. Goal LU-2: Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options. (Page 3-7) Rationale: Transportation and land use are closely connected. A center based development pattern is more land and resource efficient and supports the goals of community and neighborhood development and sustainability. Future growth will cause additional demand for and use of transportation facilities. A center based development pattern can reduce future demand. • Objective LU-2.1: Locate high density community scale service centers on a one mile radius, and neighborhood service centers on a one-half mile radius, to facilitate the efficient use of transportation and public services in providing employment, residential, and other essential uses. • Objective LU-2.2: Provide for a limited number of carefully sited regional service centers which are appropriately sized and serviced by adequate infrastructure. • Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers. 275 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 61 Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character, economic resource, and historical connection represented by this area. (Page 3-7) Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review of individual and cumulative environmental and aesthetic effects of development to preserve the viewsheds, natural functions, and beauty which are a fundamental element of Bozeman’s character. Design and development in a quantifiably sustainable manner are desirable. (Pages 3-8 and 3-9) Rationale: The natural environment is a key aspect of Bozeman’s appeal. Accidental or deliberate injury to the natural environment can be very costly to repair and can have substantial impacts on City functions. Individual actions can cause incremental change which is unacceptable. Human use of resources will cause impacts. Development within the City can provide significant protection for valued natural resources within the larger community of Gallatin County. • Objective LU-4.1: Protect important wildlife habitats, and natural areas which provide for beneficial functions, such as floodplains. • Objective LU-4.2: Protect the viewshed, including ridgelines, surrounding and within Bozeman to preserve the natural character and mountain setting which helps to make Bozeman unique. • Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods. Each neighborhood should have a clear focal point, such as a park, school, other open space or community facility, and shall be designed to promote pedestrian convenience. To this end, the City shall encourage the use of historic Bozeman neighborhoods, including a significantly interconnected street system, as models for the planning and design of new residential neighborhoods. • Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas. • Objective LU-4.5: Generation of renewable energy including solar and wind power as an accessory use is encouraged with proper design and compatibility to adjacent uses. • Objective LU-4.6: All mixed use areas should be developed on a grid of connectivity, including streets, alleys, driveways, and parking areas that contain multimodal facilities and a high level of connectivity to adjacent development. Shared use, underground, or other structured parking is recommended to reduce surface parking area. • Objective LU-4.7: Stormwater systems should be designed using Low Impact Development principles. • Objective LU-4.8: Promote the efficient use of water, energy, land, human resources, and natural resources and protect water supply quantity and quality. • Objective LU-4.9: Recognize the cumulative effects of changes in land use and develop equitable means to evaluate, avoid, and/or respond to negative cumulative impacts. Recognize the value of well designed and implemented urban development in minimizing impacts from existing and future development. • Objective LU-4.10: Encourage development throughout Gallatin County to occur within existing municipalities and support the local ability to address and manage change and growth. 4.3 Community Quality Goals and Objectives 276 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 62 Goal C-1: Human Scale and Compatibility — Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated. (Page 4-3) Rationale: A community’s physical form, rather than its land uses, is its most enduring characteristic. We should design places for people as the primary user. Good design looks good and feels good. The spatial relationships in our environment in large part determine our experience of the place. Scale and context should be the beginning point of any discussion of community quality. • Objective C-1.1: - Expand design review programs citywide to ensure well designed spaces throughout the community. • Objective C-1.2: - Update design objectives to include guidelines for urban spaces and more dense development. • Objective C-1.3: Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area. • Objective C-1.4: Achieve an environment through urban design that maintains and enhances the City’s visual qualities within neighborhood, community and regional commercial areas. Goal C-2: Community Circulation — Create a circulation system both vehicular and pedestrian that is fully connected, integrated, and designed for ease of use. (Page 4-4) Rationale: Street and roadway layouts have an impact on the community far beyond their costs of construction; they create the mental image one is left with after visiting a place. Options for travel by modes other than in an automobile can increase the physical health of the community and fight the current obesity epidemic. Moving about the community through multiple modes of transportation should be safe, pleasant, easy, and available to all. Instead of a project-by-project struggle to accommodate bicycle- and pedestrian-friendly practices, complete streets policies require road construction and improvement projects to begin by evaluating how the right-of-way serves those who use it. • Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles. • Objective C-2.2: Develop standards for complete streets that will apply to City streets and to private drive aisles. • Objective C-2.3.: Investigate the expansion of shared use pathways within the City. • Objective C-2.3.: Require alleys in all new development both commercial and residential where feasible. • Objective C-2.4: Support Community Transit. Work with the Streamline Transit agency to include transit stops, shelters, seating, lighting or areas improved for future transit stops within development projects where appropriate. • Objective C-2.5: Explore and encourage innovative parking solutions for both residential and commercial projects including parking best practices, expanded parking districts, cash in lieu of parking, and design guidelines for structured parking. 277 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 63 Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, have a commercial center and defined boundaries. (Page 4-5) Rationale: Good neighborhoods allow choices in housing, recreation, modes of transportation, options for commerce, work, and entertainment while providing a healthy environment and a sense of place and identity that residents can call home. • Objective C-3.1: Encourage the preservation and continuing operation of existing neighborhood schools. • Objective C-3.2: Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction. • Objective C-3.3: Establish minimum residential densities in new and redeveloping residential areas. • Objective C-3.4: Create neighborhood Commercial Centers that will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be a pedestrian oriented place that serves as a focal point for the surrounding neighborhoods. • Objective C-3.5: Integrate a wide variety of open lands, such as parks, trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor spaces into neighborhoods. • Objective C-3.6 Ensure that health (as defined in Appendix K (of the Community Plan)) issues within the scope of the City of Bozeman’s responsibility are included in the City’s regulations, policies, and practices. Goal C-4: Design Guidelines – Create illustrated design guidelines to give clear direction in design and review of residential and non-residential neighborhoods without unduly constraining architectural style and innovation. (Page 4-6) Rationale: Design Guidelines allow the community an opportunity to communicate with developers and those who wish to build here. The guidelines are a way to convey to the development community who we are and where we as a community would like to go. The guidelines can be read as a list of values. • Objective C-4.1: Continue to develop the design guidelines for site planning and buildings to emphasize creativity, diversity, and individuality. The design guidelines shall be based on the premise that truly creative design is responsive to its context and contributes to a comfortable, interesting community. • Objective C-4.2: All new residential buildings should be designed to emphasize the visually interesting features of the building, as seen from the public street and sidewalk. The visual impact of garage doors, driveways, and other off-street parking will be minimized and mitigated. • Objective C-4.3: Ensure the development of new residential structures that are aesthetically pleasing through urban design. • Objective C-4.4: Provide for the protection of character and the enhancement of services in existing residential neighborhoods. • Objective C-4.5: Investigate expanding form based zoning as a design review strategy for the City. 278 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 64 Goal C-5: Public Landscaping and Architecture— Enhance the urban appearance and environment through the use of architectural excellence, landscaping, trees and open space. (Page 4-7) Rationale: The benefits of a well developed landscape are myriad: beautification of the environment, animal habitat, reduction of the heat island effect, stormwater control, and opportunities for recreation and human interaction. • Objective C-5.1: Provide street trees in all public rights of way to establish a human scale to transportation corridors. • Objective C-5.2: Encourage inclusion of plazas and other urban design features as public areas within developments. • Objective C-5.3: Continue to develop the design guidelines to encourage innovative landscaping including urban hardscapes, public art, plazas, roof gardens, green walls, and other features to emphasize the urban qualities of individual projects. • Objective C-5.4: Continue to develop the design guidelines to provide direction to naturalizing stormwater systems and integrating them into the landscape as an amenity. Goal C-6: Support Sustainability— Provide a framework to integrate the functional systems of a development into the site planning and building architecture. (Page 4-8) Rationale: The support and encouragement of new technologies and techniques to make our developments more sustainable while still maintaining good design and an aesthetically pleasing cityscape is obligatory in the face of today’s global environmental challenges. • Objective C-6.1: Continue to develop the design guidelines to encourage the treatment of stormwater on site with an aesthetic and integrated approach utilizing Low Impact Development principles. Provide incentives for innovation. • Objective C-6.2: Continue to develop the design guidelines to provide direction for the integration of site based power generation (solar, wind, geothermal, etc.) in both commercial and residential projects. • Objective C-6.3: Encourage and support energy conservation and efficiency in all aspects of development. • Objective C-6.4: Continue to develop the design guidelines and ordinances to implement best dark sky lighting practices including utilizing new technologies to reduce impacts to the night sky. 5.3 Historic Preservation Goals and Objectives Goal HP-1: Protect historically and culturally significant resources that contribute to the community’s identity, history, and quality of life. (Page 5-5) Goal HP-2: Promote protection of historically and culturally significant properties through education and outreach in order to increase community awareness and identity. (Page 5-6) 6.3 Housing Goals and Objectives Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost, and location with an emphasis on maintaining neighborhood character and stability. (Page 6-3) 279 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 65 Goal H-2: Promote the creation of housing which advances the seven guiding land use principles of Chapter 3. (Pages 6-3 and 6-4) Goal H-3– Encourage an adequate supply of affordable housing and land for affordable housing. (Page 6-4) 7.3 Arts and Culture Goals and Objectives Goal AC-1: Support public and private arts and cultural opportunities in the Bozeman community for the enjoyment of all persons. (Page 7-3) 8.3 Economic Development Goals and Objectives Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center. (Page 8-4) Rationale: Economic vitality supports the social and cultural fabric of the community and provides for physical needs of the citizens. • Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small businesses, ‘green’ businesses, and e-businesses. • Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development. • Objective ED-1.3: Foster a positive economic climate through a well managed and aesthetically pleasing built environment, and by maintaining a beautiful and healthy natural environment to promote and attract businesses with a desirable impact on the community. • Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities. • Objective ED-1.5: Encourage, through the use of incentives, the development of business and industry that provides wages that are proportionate to, or are higher than, the cost of living and provide options to expand skills and opportunities for Bozeman’s workforce. • Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to stimulate investment and maintain a health and vibrant economy. • Objective ED-1.7: Support efforts by the Bozeman Convention and Visitors Bureau, the Bozeman Area Chamber of Commerce, the Downtown Bozeman Partnership, Prospera Business Network, MSU-Bozeman and others to promote Bozeman. (Source: Bozeman Economic Development Plan) • Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman. (Source: Bozeman Economic Development Plan) Implementation Policies: 2-6, 10, 12-14, 16, 24, 25, 26, 47-56, 72, 77, 78, 80, 81, 83, 84, 86-88 Goal ED-2: Support balanced policies and programs to encourage a durable, vigorous, and diverse economy. (Page 8-5) Rationale: A lack of balance in economic policy can lead to loss of community viability by sacrificing high long term value community assets for short term, “quick fix” benefits. It is important to recognize the economic importance of the social, cultural, and natural assets of Bozeman. 280 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 66 • Objective ED-2.1 Support the preservation of agricultural lands and activities and a viable agricultural community, including community supported agriculture, as an important economic sector in the Gallatin Valley. • Objective ED-2.2: Support the preservation of Gallatin County’s historic agricultural character and rural lifestyle. • Objective ED-2.3: Ensure the viability of agricultural land uses by protecting water sources used for irrigation. • Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion. • Objective ED-2.5: Participate in the growing regional economy in a manner that minimizes conflict between jurisdictions and that maximizes natural market strengths. • Objective ED-2.6: Maintain a strong financial position for the City of Bozeman. • Objective ED-2.7: Support Montana State University in its educational and research mission, which contributes to the local and state economy. • Objective ED-2.8: Support education and workforce development initiatives to provide Bozeman with the qualified workers to meet the needs of business. (Source: Bozeman Economic Development Plan) • Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. (Source: Bozeman Economic Development Plan) Goal ED-3: Recognize the importance of quality of life elements in attracting and developing economic activity. (Page 8-6) Rationale: High cultural, educational, and outdoor recreational values are commonly cited reasons for people to visit or live in Bozeman. Protecting and building upon existing strong assets leverages other efforts for economic development. A strong sense of shared community values and mutual support creates a good environment for business and workers to succeed. • Objective ED-3.1: Build upon existing cultural assets such as historic districts, parks, arts festivals, the arts community, and MSU to strengthen the local economy. • Objective ED-3.2: Encourage sustainable development to minimize costs to businesses and customers and protect quality of life. • Objective ED-3.3: Encourage businesses to be good stewards and contributors to the community, including participating in public/private partnerships to meet community needs. 9.3 Environmental Quality and Critical Lands Goals and Objectives Goal E-1: Continue protecting critical lands as valuable resources for the Community. (Page 9-5) Goal E-2: Ensure good environmental quality of water resources, air, and soils within the planning area. (Page 9-5) Goal E-3: Help address climate change by taking steps towards reducing the City’s greenhouse gas emissions. (Page 9-6) 281 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 67 Goal E-4: Promote and support responsible use of our natural resources. (Page 9-7) Goal E-5: Maintain a natural and attractive aesthetic character for the Bozeman Area. (Page 9-7) 10.3 Parks, Recreation, Open Space, and Trails Goals and Objectives Goal R-1: Provide for accessible, desirable, and adequately maintained public parks, open spaces, trail systems, and recreational facilities for residents of the community. (Pages 10-4 and 10-5) Rationale: Quality recreational facilities, such as parks and trails, are an important component of the high quality of life enjoyed by Bozeman residents. Recreational facilities also contribute to the strength of the local economy, encourage healthy lifestyles, and provide venues for arts and cultural events. Finally, the siting of recreational lands, such as parks and open spaces, greatly influences land use patterns, and can be used to protect environmentally sensitive lands. • Objective R-1.1: Make all City recreational facilities and programs accessible to and affordable for all members of the community. • Objective R-1.2: Provide education and information to enhance the utilization and enjoyment of public recreation facilities. • Objective R-1.3: Establish regular and sufficient funding sources to acquire, develop and maintain public parks, trails, and recreational facilities, and to meet the community’s recreational programming needs. • Objective R-1.4: Establish and strengthen partnerships with other recreation providers to meet the community’s recreational needs in a coordinated and cooperative manner. • Objective R-1.5: Connect the community using trails. • Objective R-1.6: Ensure that parkland’s size, location, suitability, and development promote usability. • Objective R-1.7: Ensure equity in the provision of recreation facilities and programs. • Objective R-1.8: Provide clear and concise standards and requirements to ensure predictability for all groups providing, development, and maintaining recreation facilities. • Objective R-1.9: Ensure that the City’s recreational facilities are safe. • Objective R-1.10: Plan for the City’s recreational facilities citywide and at the site level. • Objective R-1.11: Establish and meet high level of service standards in the provision of recreational facilities and services. • Objective R-1.12: Use parks and open space to protect critical and sensitive lands. • Objective R-1.13: Use parks and recreation facilities as community design features such as a neighborhood focal point. • Objective R-1.14: Continue to provide parks, recreation, open space, and trails facilities that meet or exceed national per capita standards. Goal R-2: Provide recreational programming that promotes active, healthy lifestyles. (Page 10-5) Goal R-3: Promote business growth and economic development. (Page 10-6) Rationale: Excellent recreational facilities attract tourists, residents, and businesses to the community. 282 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 68 • Objective R-3.1: Encourage economic vitality in the community by providing excellent recreational facilities. • Objective R-3.2: Provide recreation programs that expand professional competencies, and provide professional and continuing education opportunities to enhance the skills and knowledge of the City’s workforce. Goal R-4: Use recreational lands to promote arts and culture. (Page 10-6) Rationale: Recreational lands such as parks are obvious locations to conduct arts and culture events and activities. • Objective R-4.1: Consider arts and culture uses when siting and planning parks, and incorporate venues and public art as appropriate. 11.3 Transportation Goals and Objectives Goal T-1: Transportation System–Maintain and enhance the functionality of the transportation system. (Pages 11-4 and 11-5) Rationale: Transportation must be reliable to achieve its function. People depend on the transportation system to meet their needs for both vehicular and non-vehicular travel. • Objective T-1.1: The implementation of the transportation facility plan shall conform to the goals and policies of this Plan to ensure that public and private investments in transportation infrastructure support other land use decisions of the community. • Objective T-1.2: Ensure that the development review process shall coordinate development and transportation services so that necessary facilities, such as pedestrian and vehicular travel ways, are provided concurrently with development. • Objective T-1.3: All development activity shall comply with the right-of-way standards, road locations, and other policies set forth in the transportation facility plan to ensure that an orderly, efficient, effective transportation system is continued and to avoid future problems with inadequate transportation services and options. • Objective T-1.4: Ensure that adequate interconnections are made throughout the transportation system to ensure a variety of alternatives for trip routing and reduce total travel distance. Goal T-2: Ensure that a variety of travel options exist which allow safe, logical, and balanced transportation choices. (Pages 11-5 and 11-6) Rationale: Providing for a variety of travel options supports public health, reduces resource demand, and helps the City operate efficiently and cost effectively. Coordinated and cooperative efforts by all transportation system providers minimize the costs while maximizing benefits. • Objective T-2.1: For the purposes of transportation and land use planning and development, non-motorized travel options and networks shall be of equal importance and consideration as motorized travel options. This balance shall ensure that a variety of travel opportunities are available which do not require the use of automobiles for local trips. • Objective T-2.2: Review and revise parking requirements to ensure provision of parking consistent with other goals of this plan to support commercial and residential activities in the downtown and other areas. • Objective T-2.3: Reduce the negative health and physical impacts of the automobile by coordinating transportation policies to support land use decisions that can decrease the 283 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 69 number and length of automobile trips. When considering automobile impacts maintain awareness of all the costs of transportation. • Objective T-2.4: Seek and provide adequate funding to improve and maintain the functionality of all elements of the transportation system. Goal T-3: Encourage transportation options that reduce resource consumption, increase social interaction, support safe neighborhoods, and increase the ability of the existing transportation facilities to accommodate a growing city. (Page 11-6) Rationale: Supporting transit, pedestrian and bicycle travel as an alternative to single occupancy cars can create more capacity for travel at reduced expense. People are more likely to use these modes of travel if they feel safe when they use them. • Objective T-3.1: Promote and support a high-quality public transit system. • Objective T-3.2: Support and encourage Transportation Demand Management to reduce peak travel demands and increase the efficient use of the existing transportation system. Goal T-4: Pathways–Establish and maintain an integrated system of transportation and recreational pathways, including streets, bicycle and pedestrian trails, neighborhood parks, green belts and open space. (Page 11-7) Rationale: The City works with many partners to develop and operate the transportation system in the City. Coordinating among these partners creates a greater value from a complete and functional system rather than disjointed pieces. • Objective T-4.1: Coordinate development of non-motorized transportation systems in conjunction with motor vehicular transportation systems. • Objective T-4.2: Further develop and maintain an interconnected and convenient pedestrian and bicycle network for commuting and recreation as discussed and described in the transportation facility plan and in coordination with the design standards of the transportation facility plan and the Parks, Recreation, Open Space, and Trails Plan. • Objective T-4.3: Review, revise, and update trail/pathway standards to reflect the various types and uses of trails and other non-motorized travel ways. • Objective T-4.4: Continue to improve the existing pedestrian network to increase American’s with Disabilities Act compliance. The long term intent is full accessibility throughout the community transportation system. Give highest priority to those improvements that will provide the greatest access to community centers of activity. 12.3 Public Services & Facilities Goals and Objectives Goal PS-1: Facilities and Services- All public facilities and services provided under the authority of the City of Bozeman shall be provided in a reliable, efficient, cost-effective and environmentally sound manner. (Pages 12-4 and 12-5) Rationale: The City is committed to providing services in a manner which respects the values and priorities of the citizens of the community. • Objective PS-1.1: All service and facilities provided under the authority of the City of Bozeman shall have facility plans which will evaluate current and future needs and best management practices for providing services. • Objective PS-1.2: Implement all facility plans, including transportation, in compliance with the goals and objectives of the City’s growth policy. 284 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 70 • Objective PS-1.3: Strive to coordinate the provision of services with other governmental agencies to prevent overlap, excessive cost, and to provide the highest quality services. • Objective PS-1.4: Balance maintenance of existing facilities with the need to provide new facilities so that existing users do not suffer a reduction in service quality in order to provide services to new development. • Objective PS-1.5: Sewer Facilities - Provide for public central sewer collection and treatment facilities for all existing and future land uses within the planning area. • Objective PS-1.6: Storm Drainage - Provide for storm drain, flood control and treatment facilities to protect existing and future land uses, preserve public safety and protect surface and groundwater quality. • Objective PS-1.7: Solid Waste - Provide for a balanced and integrated solid waste reduction, recycling and disposal system and design to meet the future needs for the planning area in coordination with other members of the solid waste district. • Objective PS-1.8: Domestic Water - Provide for a safe and adequate water supply, distribution, storage and treatment facilities to support water demand projected by planned land uses in the planning area. • Objective PS-1.9: Fire Protection - Protect the community through a comprehensive fire and life safety program for current and future city needs. • Objective PS-1.10: Police Service — Provide protection of community residents from criminal activity, reduce the incidence of crime, and provide other necessary services to meet current and future needs. • Objective PS-1.11: Library Services - Ensure that high quality library services are provided in an efficient, cost-effective manner. • Objective PS-1.12: Cemetery - Ensure that cemetery facilities are adequately provided, developed, and maintained. Goal PS-2: The City shall work with other service and utility providers to ensure the adequate and safe provision of services. (Page 12-5) Rationale: Public and private utilities often are located within the same rights-of-way and easements. Coordination between providers is essential to prevent conflicts, damage, and injury. Services are necessary to support urban development. • Objective PS-2.1: Education - Ensure that the area around educational institutions has adequate residential parking, facilities, bike paths, safe cross walks, and zoning to ensure a high quality of life for school users and city residents. • Objective PS-2.2: Irrigation Water — Provide adequate protection to the canals from development and to ensure future access to canal water for agricultural use. • Objective PS-2.3: Private Utilities — Facilitate the provision of adequate private utility services within the City while respecting the character of Bozeman. Goal PS-3: Establish regular and sufficient funding sources to acquire, develop, and maintain public services, and meet the community’s needs. (Page 12-6) Rationale: Adequate and reliable funding sources are critical to the provision of quality facilities and services in a quantity sufficient to keep pace with our growing population. Dependable funding which enables correctly timed maintenance of facilities results in the least overall cost of operation. 285 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 71 • Objective PS-3.1: Establish regular and sufficient funding sources to acquire, develop, and maintain municipal facilities. • Objective PS-3.2: Continue a blend of enterprise and general fund supported services to most nearly match revenues to sources of demand for service while recognizing the general obligations of good government. • Objective PS-3.3: Encourage the annexation of wholly surrounded parcels, while recognizing the financial impacts on small properties without redevelopment options. 13.3 Disaster and Emergency Prevention and Response Goals and Objectives Goal D-1: Recognize the on-going and pervasive opportunity for hazards to occur and act pro-actively to minimize their effects. (Page 13-2) Goal D-2: Recognize and strive to address both chronic as well as acute hazards and the effect of cumulative actions on increasing or decreasing hazards. (Page 13-3) 14.3 Regional Coordination and Cooperation Goals and Objectives Goal RCC-1: Coordinate policies and actions between public entities to increase effectiveness and efficiency of implementation of the Bozeman Community Plan. (Pages 14-2 and 14-3) Goal RCC-2: Utilize inter-local agreements and similar mechanisms to establish formal coordination mechanisms so intent, scope, and functions are well defined to advance cooperation. (Pages 14-3 and 14-4) Rationale: Elected and appointed officials change membership over time. Having a formal inter-local agreement ensures continuity and consistency of policy over time. Development of agreements facilitates discussion of issues so that pitfalls can be avoided and success is more likely. • Objective RCC-2.1: Document and formalize the practice of the county not approving development within the planning area where the City considers services to be reasonably available. • Objective RCC-2.2: Evaluate means for the City to support the County’s proposed transfer of development credit program. • Objective RCC-2.3: Work with Gallatin County to develop standards to facilitate extension of urban services including street widths, utility easements, and subdivision design. • Objective RCC-2.4: Develop joint programs and practices with local, state, and federal entities to address health, safety, and environmental concerns, as well as other issues as may be identified. • Objective RCC-2.5: Work with School District 7 to coordinate future school locations and development to integrate with the City’s transportation network, location of residences, and location and use of public parks. • Objective RCC-2.6: Continue coordination with the Montana Department of Transportation so that street construction and maintenance advance the purposes of this plan, support infill and extension of pedestrian and bicycle circulation, and other issues as may be identified. • Objective RCC-2.7: Continue cooperation with Montana State University on transportation, building siting, future land use planning, and other town/gown issues. 286 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 72 • Objective RCC-2.8: Recognize the significant influence that state and local agencies, such as the US Forest Service, have on City concerns such as watershed management and recreation. Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal and economic stability for the prevention and the elimination of urban blight.  Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.  Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers.  Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas.  Economic Development Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development.  Economic Development Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.  Economic Development Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to stimulate investment and maintain a health and vibrant economy.  Economic Development Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman.  Economic Development Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.  Economic Development Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with Overall Principles and Goals of the Bozeman Community Plan.  In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth.  The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal District Plan are:  Goal #1 Promote Economic Development  Goal #2 Improve Multi-Modal Transportation  Goal #3 Improve, Maintain and Support Innovation in Infrastructure  Goal #4 Promote Unified, Human Scale Urban Design  Goal #5 Support Compatible Urban Density Mixed Land Uses 287 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 73 Growth Policy Implementation The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the growth policy. 16: Implementation 16.2 Implementation Action Plan Programs or Detailed Planning Efforts (Page 16-2) - This growth policy establishes a foundation for programs as well as more detailed plans. For example, a neighborhood plan for Downtown and an Economic Development plan now underway were both initiated through the growth policy. Programs have varying levels of priority, depending on the issues involved. Consequently, the City will initiate them at different intervals. Programs often provide the organizational structure to carry out routine City operations such as street maintenance. Detailed planning also includes the preparation of facility plans. The Bozeman Community Plan chronicles several programs and/or detailed plans that apply to the Bozeman Midtown Urban Renewal District some of which are described as follows: 8: Economic Development 8.1 Intent and Background. (Page 8-3) The City has also invested in urban renewal plans for the N. 7th Avenue Corridor, the Downtown area, and the Northeast Neighborhood These detailed plans help spur reinvestment and preservation of economic activity and resources. D.1 Neighborhood Conservation Overlay District (Pages D-1 and D-2) Enhance property values through the stabilization of neighborhoods and areas of the City, increase economic and financial benefits to the City and its inhabitants, and promote tourist trade and interests. D.2 Entryway Corridor Overlay District (Pages D-2 and D-3) It is the intent and purpose of these requirements to ensure the quality of development along these corridors to enhance the impression and enjoyment of the community by guiding development and change that occurs in these areas. These provisions are also intended to improve signage, landscaping, access and other contributing elements of entry corridor appearance and function. Design Objectives Plan for Entryway Corridors. (Page J-10) The entryways into Bozeman play a significant role in shaping attitudes toward our community. Bozeman has adopted special standards which apply to these areas. Updated in 2005, the design guidelines provide illustrated standards which help implement the purposes adopted by ordinance. Design and Connectivity Plan for North Seventh Avenue Corridor (Page J-11) The redevelopment and rehabilitation of the N. 7th Avenue corridor was the purpose of the formation of an urban renewal district. The corridor plan, prepared by Winter and Company and adopted in 2006, provides guidance on the design character, opportunities, and challenges for redeveloping the corridor. A group of land owners within the district boundaries advises the City Commission and suggests a work plan each year to advance the plan. An emphasis is placed within the plan on improving pedestrian and bicycle circulation as well as character of different sections of the street corridor. 16: Implementation 16.2 Implementation Action Plan Funding Mechanisms (Page 16-3) - Bozeman has a longstanding policy to provide the maximum level of services, to the most citizens, in the most cost effective manner, with due consideration given to all costs – economic, fiscal, 288 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 74 environmental, and social. In doing so, the city limits on-going expenditures to a level that can be supported with current revenues, uses one-time dollars to fund capital assets or other non-recurring expenditures, and annually adopts a 5year capital improvements plan for construction and maintenance of large city assets. User fees and charges are used, as opposed to general taxes, when distinct beneficiary populations or interest groups can be identified; they are more equitable, since only those who use the service must pay, thereby eliminating the subsidy provided by nonusers to users, which is inherent in general tax financing. The City also uses public/private partnerships, intergovernmental transfers, and private grants when available. Table 16-1 Implementation Policies and Actions (Pages 16-4 thru 16-18) Chapter 1, 3. Research and implement incentives and regulations and publicize existing incentives, in accordance with the Bozeman Community Plan, that encourage development within the City of Bozeman. 10, 14, 75, 81 Chapter 3, Land Use 9. Encourage infill and redevelopment which is respectful of its context. 4, 7, 21, 28, 61, 62 Chapter 3, Land Use 11. Continue programs which support adaptive reuse, reinvestment, and continued functional and aesthetic viability of the Historic Core. 22 Chapter 5, Historic Preservation 21a. Use and publicize incentives, such as, but not limited to, public infrastructure funding support and tax abatement, to encourage commercial and residential development or redevelopment of identified infill areas, including brownfields and the Historic Core. Chapter 6, Housing 28a. Review and revise as needed standards to infill development, redevelopment, and new development to provide clear guidance and mitigation of objective problems. Chapter 8, Economic Development 49. Support the creation and expansion of local businesses. 3, 77, 80 Chapter 8, Economic Development 49e. Maintain and seek to expand resources available through the City’s revolving loan fund and urban renewal districts. Chapter 8, Economic Development 49g. Increase awareness of existing economic and other benefits of and further develop incentives for locating and operating benefits within City limits. Chapter 8, Economic Development 53. Recognize sustainability as a component of economic development. 12 289 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 75 Identified implementation tools and strategies, including tax increment financing, which help to achieve the Bozeman Community Plan’s goals and objectives.  Provides a foundation for programs as well as more detailed plans, such as urban renewal district plans with tax increment financing programs.  Describes the use of alternative funding mechanisms when distinct beneficiary populations or interest groups can be identified and more equitably served (such as tax increment financing).  Encourages development within the City of Bozeman.  Encourages infill and redevelopment.  Continues programs which support adaptive reuse and reinvestment.  Encourages commercial and residential development or redevelopment of identified infill areas through the use of and publicizing of incentives, such as, but not limited to, public infrastructure funding support  Supports standards for infill development and redevelopment.  Supports the creation and expansion of local businesses.  Maintains and seeks to expand resources available through urban renewal districts.  Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating within City limits.  Recognizes sustainability as a component of economic development. Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with the implementation tools and strategies in the Bozeman Community Plan.  The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law offered by the State of Montana Code.  The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax increment financing to assist with redevelopment and revitalization activities, and encourage the retention and growth of economic development.  The Bozeman Midtown Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community. Growth Policy Future Land Use The growth policy provides a visual policy statement with the identification of the future land use pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman Community Plan. The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor starting from the north end as Industrial, Regional Commercial and Services, and Community Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions. The description of the future land uses is as follows. A section of Bozeman Community Plan Future Land Use Map and Legend follows the future land use descriptions. Regional Commercial and Services. Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county 290 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 76 region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development. Community Commercial Mixed Use. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 1015 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. 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 placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are 291 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 77 encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. Industrial. This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. Public Institutions. A variety of activities are undertaken in this land use classification. Schools are a dominant use including Montana State University. Other typical uses are libraries, fire stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs within this category. Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements which may not be open for public use. 292 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 78 293 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 79 Figure 3.1: Future Land Use Map Section Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal District to help achieve the Bozeman Community Plan’s goals and objectives. 294 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 80  The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.  The majority of the adjacent neighborhoods have a future land use designation of Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions.  Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.  Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning districts.  Industrial land uses can be implemented by any one of the five industrial type zoning districts.  Residential will be implemented by multiple zoning districts.  Parks, Open Space and Recreational Lands are functions which can occur in any zoning district.  Public Institutions can be implemented by the PLI zoning district, but is a function that can occur in any zoning district. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with the Future Land Use Designations.  The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to retain existing and attract new economic development.  The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing future land use designations. Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District for accordance with the Bozeman Unified Development Code The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769 effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban Renewal District must be found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be in conformance with the growth policy. In order to demonstrate that the area is zoned for uses implementing the growth policy, the following selections from the Bozeman Unified Development Code have been provided to demonstrate accordance of zoning within the area of the Bozeman Midtown Urban Renewal District to the Bozeman Community Plan. ARTICLE 1. - IN GENERAL Sec. 38.01.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana 295 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 81 constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. B. It is the purpose of these regulations to promote the public health, safety and general welfare by: preventing the creation of private or public nuisances caused by noncompliance with the standards and procedures of this chapter; regulating the subdivision, development and use of land; preventing the overcrowding of land; lessening congestion in the streets and highways; providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; requiring development in harmony with the natural environment; promoting preservation of open space; promoting development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; protecting the rights of property owners; requiring uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey (MCA 76-3-102). C. It is further the purpose of these regulations to: be in accord with the growth policy; securing safety from fire, panic, and other dangers; promoting public health, public safety, and the general welfare; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; having given consideration to ensuring the reasonable provision of adequate light and air, motorized and nonmotorized transportation systems, promoting of compatible urban growth, considering the character of the district and its peculiar suitability for particular uses, conserving the value of buildings, and encouraging the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304). D. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are intended to promote and to provide for the: 1. Orderly development of the city; 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; 3. Dedication of land for streets and roadways and for public utility easements; 4. Improvement of streets; 5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitary facilities; 7. Minimization of unnecessary congestion; 8. Avoidance of unnecessary environmental degradation; 9. Encouragement of subdivision development in harmony with the natural environment; 10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public services; 11. Avoidance of excessive expenditure of public funds for the provision of public services; 12. Manner and form of making and filing of plats for subdivided lands; 13. Administration of these regulations, by defining the powers and the duties of approving authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the city into districts with uniformly applicable standards for development within each district; 15. To establish standards for the development and use of land; 16. To establish procedures for the review and approval for the development and use of land; and 17. The establishment of all other requirements necessary to meet the purposes of this chapter. 296 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 82 E. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to implement the goals and objectives of the city's adopted growth policy. In the case of a difference of meaning or implication between this chapter and the city's adopted growth policy, the growth policy shall control. ARTICLE 7. - ZONING DISTRICTS AND ZONING MAP Sec. 38.07.010. - Use districts designated, zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. For the purpose of this chapter, the city is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Single-Household Low Density District R-2 Residential Two-Household Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-3 Central Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District EO Entryway Corridor Overlay District CO Casino Overlay District REMU Residential Emphasis Mixed-use District The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. The intent and purpose of each of these zoning districts is described below. ARTICLE 10. - COMMERCIAL ZONING DISTRICTS Sec. 38.10.010. - Intent and purpose. 297 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 83 A. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to 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. 2. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. ARTICLE 12. - INDUSTRIAL ZONING DISTRICTS Sec. 38.12.010. - Intent and purpose. A. The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other 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. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS Sec. 38.08.010. - Intent and purpose. A. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other 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. All development is subject to section 38.01.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Section 38.08.090 sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes. 4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It 298 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 84 should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. 5. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. 6. The intent of the R-O residential-office district is to provide for and encourage the development of multihousehold and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. In addition to the zoning districts described above, portions of the Midtown area of Bozeman are also covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood Conservation Overlay District”, and a couple of lots at the southeast edge are located within the Cooper Park Historic District. ARTICLE 17. - BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT Sec. 38.17.020. - Intent and purpose. A. There are several arterial corridors entering the city that introduce visitors and residents alike to the city. The visual attributes of these roadways provide a lasting impression of the character of the city. It is the intent and purpose of this article to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community by guiding development and change, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this article to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. Sec. 38.17.030. - Application of entryway corridor provisions. A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all developments within such corridors as follows: 1. Class I. All development wholly or partially within 660 feet of the centerline of the following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; 299 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 85 b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads; c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries; d. U.S. 191, west from Ferguson Road to the city boundaries; e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: a. Seventh Avenue, south from the Interstate 90 interchange to Main Street; b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; c. Main Street, east from Broadway to Interstate 90; d. Main Street, west from Seventh Avenue to Ferguson Road; e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and cast to the city boundary; f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue. ARTICLE 16. - NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT Sec. 38.16.010. - Intent and purpose. A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the conservation district, or demolition of structures by any means or process will be subject to design review unless specifically exempted. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. B. This article defines and sets forth standards which apply to the conservation district. C. The intent and purpose of the conservation district designation is 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. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this chapter. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this article, in accordance with article 35 of this chapter. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary 300 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 86 subdivision regulations, the construction, development pattern and range of uses is highly diverse and may not be in compliance with conventional regulatory requirements. This article recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this article shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places, and includes the nine designated historic districts and 40 individual landmarks. This article sets forth the means of protecting and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of citizens of the city. It will be the policy and responsibility of the administrative entities of this article to: 1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and areas that: a. Are reminders of past eras, events or persons important in local, state or national history; b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; c. Are unique or irreplaceable assets to the city and its neighborhoods; d. Provide examples of physical surroundings in which past generations lived; or e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to, lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas and subsections thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this chapter, with the exception of certain sketch plan applications with potentially little neighborhood impact, and to further provide aggrieved persons with the right to appeal review decisions made under the provisions of this article, in accordance with article 35 of this chapter. 301 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 87 Sections of the City of Bozeman Zoning Map which encompasses the area of the Bozeman Midtown Urban Renewal District are shown below. 302 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 88 City of Bozeman Zoning Map Section 303 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 89 304 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 90 Conservation Overlay and Historic Districts Zoning to help implement the Bozeman Community Plan. • A purpose of the Bozeman Unified Development Code is to implement the goals and objectives of the Bozeman Community Plan; the city’s adopted growth policy. • The majority of the land within the core area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District” to provide for a broad range of mutually supportive retail and service functions. 305 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 91 • The land adjacent to the commercial core and south of I-90 within the area of the Bozeman Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. • The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light Manufacturing”. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning with Bozeman Community Plan. • The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as described by the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to eliminate blight, and retain existing and attract new economic development. • The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing zoning classifications. Conclusions 1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban Renewal District Plan is in conformance with the Bozeman Community Plan. 2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown Urban Renewal District is in accordance with the Bozeman Community Plan. 306 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Ordinance 2146, Provisional Adoption Amending an Urban Renewal Plan for Portions of Northeast Bozeman MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2146. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating and eliminating citizen advisory boards to provide “consistency, predictability and stability”. During that work session, the City Commission provided direction to staff to eliminate the advisory boards for all the urban renewal districts except the Downtown Urban Renewal District. The Ordinances the City Commission is considering reflect that direction to staff. Eliminating the advisory board for the Northeast Urban Renewal District requires amendment of the Northeast Urban Renewal Plan. The Northeast Urban Renewal Plan includes references to a board. Urban renewal plans must be adopted and amended by Ordinance following a noticed public hearing. State Law also requires that the Planning Board hold a hearing on the conformity of proposed urban renewal plan with the growth policy. The Community Development Board, acting as the Planning Board, adopted staff’s findings and conclusion that the proposed urban renewal plan was in conformance with City’s adopted growth policy, the Bozeman Community Plan 2020. The proposed amended Northeast Urban Renewal Plan makes changes to the Plan related to boards and administration of the district but does not alter the goals or other parts of the Plan. Please follow the link to a redlined version of the Northeast Urban Renewal 307 Plan, as amended. A clean copy of the amended plan is included in the packet materials. Following any provisional adoption of Ordinance 2146, staff intends to return to the City Commission with a Resolution assigning the urban renewal powers of the City, for this District, to the Director of Economic Development. Work plans and budgets for the districts would continue to be prepared by economic development staff and presented to the City Commission during the regular budget process. The City Commission will continue to approve contracts and urban renewal projects consistent with current practices. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Adoption of this Ordinance does not have any fiscal effects. Attachments: NURD_BCP_Conformance_Staff_Memo__062223.docx 230711 NURB Plan Ord_final.pdf NE District Plan NURB FINAL.pdf Report compiled on: July 7, 2023 308 To:Community Development Board (acting as the Planning Commission) From:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Meeting Date:June 27, 2023 Subject:Northeast Urban Renewal Plan Amendment and Conformity with the Growth Policy (Bozeman Community Plan 2020) Overview On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted at that time it would be infeasible to consolidate the Northeast Urban Renewal Board into any of the five strategic boards. Staff recommended amending the district’s urban renewal plan to designate the City Commission to serve as the Northeast Urban Renewal Board. The Northeast Urban Renewal Board was formed at the inception of the District and as such, a board structure was written into the urban renewal district plan. The board has been responsible for reviewing projects, workplans, and budgets and providing recommendations to the City Commission. Despite no changes to the purpose, goals or proposed actions of the Northeast Urban Renewal Plan, for the City Commission to take on the functions of the board, the Plan must be amended. An amendment of the Northeast Urban Renewal Plan requires that it be found to be in conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan 2020. Below is a summary demonstrating how the goals of the Northeast Urban Renewal Plan conform with the themes and goals established in the Bozeman Community Plan 2020. Staff Conclusion After a thorough review and analysis of the themes and goals of the Bozeman Community Plan (BCP) and the goals of Northeast Urban Renewal Plan (URP), staff concludes that the Northeast URP is in conformance with the BCP. 309 Staff Findings Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating conformance. URPPRINCIPLE 1–ENSURE THE HEALTH,SAFETY,AND SECURITY OF THE DISTRICT URP Principle 1 Intent: “Unsurfaced streets, inadequate storm water drainage, outdated water and sewer utilities, and inadequate street lighting negatively impact the health, safety, and security of the District. Improving the infrastructure of the area will also prepare the District for the future.” Goal A: “Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.” UPR Principle 1: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-1. BCP Goal DCD-1: “Support urban development within the City.” Goal B: “Encourage a land use pattern that facilitates all modes of transportation vehicular, bicycle, pedestrian, mass transit, and commercial - for safe, efficient and convenient access for residential, commercial, and industrial uses.” URP Principle 1: Goal B and the goal’s specific actions are in conformance with BCP Theme 5: A City That Prioritizes Accessibility and Mobility Choices, Goals M-1 and M-2. BCP Goal M-1: “Ensure multimodal accessibility.” BCP Goal M-2: “Ensure multimodal safety.” Goal C: “Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive.” URP Principle 1: Goal C is in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-1. BCP Goal DCD-1: “Support urban development within the City.” URPPRINCIPLE 2–BALANCE COMMERCE AND LIVABILITY IN THE DISTRICT WITHIN THE MIXED-USE FRAMEWORK. URP Principle 2 Intent: “The clear intent of this District is to support a mix and variety of nonresidential and residential uses. Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any allowable uses.” Goal A: “Harmonize commercial and industrial development with residential quality of life.” 310 URP Principle 2: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-2 and N-3. BCP Goal N-2:“Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” BCP Goal N-3: “Promote a diverse supply of quality housing units.” URPPRINCIPLE 3–HONOR THE UNIQUE CHARACTER AND VITALITY OF THE DISTRICT. URP Principle 3 Intent: “The unique character of this neighborhood is built on its history, proximity to the railroad, mixed rural and urban development, mixed residential and commercial uses, and its proximity to downtown. These qualities should be supported.” Goal A: “New structures should be designed and built keeping in mind public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership.” URP Principle 3: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goal N-4. BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.” Goal B: “Promote sustainable building practice and design within the District.” URP Principle 3: Goal B and the goal’s specific actions are in conformance with BCP Theme 1: A Resilient, Goal R-2. URP Principle 3: Goal B is also in conformance with BCP Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands, Goals EPO-2 and EPO-3. BCP Goal R-2: “Pursue community decisions in a manner that supports resilience.” BCP Goal EPO-2: “Work to ensure that development is responsive to natural features.” BCP Goal EPO-3: “Address climate change in the City’s plans and operations.” URPPRINCIPLE 4–PUBLIC OPEN SPACE IS ESSENTIAL TO A HEALTHY AND APPEALING URBAN ENVIRONMENT. URP Principle 4 Intent: “Developing and procuring parks and public open space, as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance and improve the District.” Goal A: “Procure new land for parks and public open space.” 311 URP Principle 4: Goal A and the goal’s specific actions are in conformance with BCP Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-1. BCP Goal EPO-1: “Prioritize strategic acquisition of parks to provide a variety of recreational opportunities throughout the City.” Goal B: “Improve landscaping in existing public spaces.” URP Principle 4: Goal B and the goal’s specific actions are in conformance with BCP Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-3. BCP Goal EPO-1: “Address climate change in the City’s plans and operations.” URPPRINCIPLE 5–THE COSTS OF PROJECTS AND PROGRAMS SHALL BE WEIGHED AGAINST THEIR BENEFITS TO THE DISTRICT. URP Principle 5 Intent: “This principle is self-explanatory as long as Benefit is understood to mean the promotion of the Principles and that Benefits may not be financial in nature.” URP Principle 5 neither conforms nor conflicts with the themes and goals of the BCP. URPPRINCIPLE 6–PRIVATE PROPERTY SHALL NOT BE ACQUIRED FOR OTHER PRIVATE USE THROUGH THE EMINENT DOMAIN PROCESS IN THE IMPLEMENTATION OF ANY ASPECT OF THIS PLAN. Goal A: “Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan.” URP Principle 6: Goal A neither conforms nor conflicts with the themes and goals of the BCP. URPPRINCIPLE 7–THE CITY SHALL NOT LIMIT ITS VISION FOR THE DISTRICT IMPROVEMENTS TO MONIES AVAILABLE SOLELY THROUGH THE TIF FUNDING. Goal A: “Encourage the City to help ensure the success of the NE Urban Renewal Plan by giving a high priority to the NE District in its capital improvements plan. UPR Principle 7: Goal A and the goal’s specific actions are in conformance with BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1. URP Principle 7: Goal A is also in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goals DCD-1. BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and thriving economic center.” 312 BCP Goal DCD-1:“Support urban development within the City.” URPPRINCIPLE 8–PROJECTS SHALL CONSIDER IMPACTS ON ADJACENT NEIGHBORHOODS. Goal A: “Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas.” URP Principle 8: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-2. BCP 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.” URPPRINCIPLE 9–THE CITY SHALL CONSIDER THE IMPACT ON THE DISTRICT OF ALL PROJECTS UNDERTAKEN OUTSIDE OF THE DISTRICT. Goal A: “Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District.” URP Principle 9: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-2. BCP 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.” 313 Ord 2146 Page 1 of 4 ORDINANCE 2146 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ADOPTING AN AMENDED NORTHEAST URBAN RENEWAL DISTRICT PLAN RELATED TO THE ADMINSTRATION OF THE DISTRICT AND ASSIGNING TO THE CITY THE AUTHORITY TO EXERCISE URBAN RENEWAL POWERS. WHEREAS, on August 15, 2005, the Bozeman City Commission adopted Resolution No. 3835, declaring that blighted areas exist within the municipality and that the rehabilitation, redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality; and WHEREAS, on November 28, 2005 the City Commission passed, adopted, and finally approved Ordinance 1655, which adopted an urban renewal plan for portions of Northeast Bozeman, including the historic mixed use district; WHEREAS, the Northeast Urban Renewal Plan established an advisory board for the Northeast Urban Renewal District; and WHEREAS, as set forth in Bozeman’s Strategic Plan 1.2, consolidating the city’s Citizen Advisory Boards includes the consolidation of the city’s urban renewal boards; WHEREAS, eliminating the Northeast Urban Renewal District and assigning urban renewal powers to the City requires an amendment of the administration of the district by amending the Northeast Urban Renewal Plan; WHEREAS, as required by Mont. Code Ann. §§ 7-15-4214 and 4215 (2021), notice of the public hearing on the amendment of the Northeast Urban Renewal Plan was published on June 17 and 24, 2023 and such notice conformed to all necessary statutory requirements; and WHEREAS, as required by Mont. Code Ann. § 7-15-4213, on June 26, 2023 the City’s Community Development – Planning Board found that the proposed, amended Northeast Urban Renewal Plan conformed with the Bozeman 2020 Community Plan and its stated, adopted growth policy for Bozeman; and 314 Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan) Page 2 of 4 WHEREAS, on July 18, 2023 the Bozeman City Commission held a public hearing to consider the proposed, amended Northeast Urban Renewal District Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The amended plan for the Northeast Urban Renewal District, attached here as Exhibit A, is hereby adopted. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 315 Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan) Page 3 of 4 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. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS 316 Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan) Page 4 of 4 City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 317 Northeast Urban Renewal District Plan N . U . R . D 318 2 CITY OF BOZEMAN NORTHEAST BOZEMAN URBAN RENEWAL PLAN Amended by the Bozeman City Commission, July 2023 2005 Plan Prepared by: The Northeast Bozeman Urban Renewal Study Committee Michael Barrett Ron Brey (City of Bozeman Staff) Peter Bronken Jim Browning Brian Caldwell Bobbi Clem Jack Davis Jon Gerster Terry Giovanini Todd Hoitsma Marcia Kaveney Erik Nelson Tracy Oulman (City of Bozeman Staff) Robert Pavlic Jeanne Wesley-Wiese Steve Kirchhoff and Marcia Youngman (City Commission Liaisons) Prepared for: The Bozeman City Commission Andrew Cetraro, Mayor Lee Hietala Steve Kirchhoff Jeff Krauss Marcia Youngman 319 3 NORTH EAST URBAN RENEWAL DISTRICT PLAN CONTENTS HISTORICAL CONTEXT PG 4 INTRODUCTION PG 4 MISSION/ VISION STATEMENT PG 5 GUIDING PRINCIPLES, GOALS AND IMPLEMENTATION ACTIONS PG 5 EXECUTING THE PLAN PG 10 FINANCE PG 14 DISTRICT MAP FIG. 1 RESOLUTION 3835 APPENDIX 1 GENERAL DESCRIPTION APPENDIX 2 320 4 NORTH EAST URBAN RENEWAL DISTRICT PLAN HISTORICAL CONTEXT In the 1880s, Bozeman’s economic fortunes blossomed with the arrival of the Northern Pacific Railway, which established a depot at the northeast end of the young city and connected it with distant markets. The town’s early entrepreneurs established flour mills, residences, freight storage, and a brewery on new streets named for trees, mostly the fruit-bearing variety, but Montana species as well. Perhaps these names came in deference to the timber products and fruit that passed through, but much of this freight and food processing activity has receded into history. In the 120 years since this place grew into a rail-centered enterprise zone, Bozeman’s economic center of gravity moved elsewhere, leaving the neighborhood short on paved streets, sidewalks, street lighting, parks, and sound infrastructure, with scattered evidence of bygone industrial activity remaining: rail track and ties, cable spools, grain storage bins, and upright fuel tanks. INTRODUCTION This Urban Renewal Plan was prepared by a 13-member committee composed of a range of businesses and residents from the District and the adjacent Northeast Neighborhood in response to the City Commission’s finding of blight on August 15, 2005 (Resolution #3835) (Appendix 1). The City Commission supported the blight designation unanimously in order to create an Urban Renewal District because it believed this would encourage infill within the city limits and that the Tax Increment Finance (TIF) District created by the designation would help finance such infill. While acknowledging that change (development) is inevitable in the District, and that the creation of an Urban Renewal District and its associated Tax Increment Financing would encourage economic vitality in the District, it should be noted that some Northeast Neighborhood citizens and several committee members perceived few of the problems cited in the blight report. Thus, considerable efforts in the development of this plan were made to consider the many different and sometimes conflicting interests of the committee members. The hope is that the end product – the Northeast Urban Renewal Plan - adequately balances the needs to remedy blight and encourage economic vitality and livability while also ensuring that future development preserves and enhances the eclectic character of the District to the fullest extent possible. A map of the District is found in Figure 1 and a general description of the area included in the District is contained in Appendix 2. 321 5 MISSION/ VISION This Plan is the city’s response to remedy the conditions of blight found in the August, 2005 report. The Plan also addresses other issues important to the District. The plan’s purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD), the vitality of the NURD for generations to come, and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed-use neighborhood that is user-friendly, safe, secure, and healthy. While this plan envisions a District with diversity of housing, businesses, and amenities, it intends to maintain the unique ambiance and historic character of the District. GUIDING PRINCIPLES, GOALS & IMPLEMENTATION ACTIONS The principles and implementation actions which follow provide direction for using the Plan. All nine Principles are vital to achieving the vision for the District. The Implementation Actions are not exclusive lists. Neither the Principles nor the Implementation Actions are arranged in order of importance. 1. Ensure the health, safety, and security of the District. Unsurfaced streets, inadequate storm water drainage, outdated water and sewer utilities, and inadequate street lighting negatively impact the health, safety, and security of the District. Improving the infrastructure of the area will also prepare the District for the future. GOAL A: Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved. IMPLEMENTATION ACTIONS: • Improve streets and alleys • Improve fire prevention. • Repair or replace defective sections of water and sewer mains. • Improve the appearance and adequacy of dark sky lighting. • Provide for prompt snow removal. • Improve sidewalks and trail network. • Increase police patrols. • Improve storm water systems and develop storm water management techniques to protect Bozeman Creek. 322 6 GOAL B: Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses. IMPLEMENTATION ACTIONS: • Incorporate sidewalks, crosswalks, bike lanes and trails in the design for construction or reconstruction of streets and roadways. • Obtain property or easements for the continuation of the existing trail system. • Encourage bicycle use by incorporating bicycle amenities in the design of streets, bridges, and trails. • Design sidewalks, walkways, trails, and streets for handicapped accessibility wherever possible. • Provide traffic calming measures. • Designate truck route GOAL C: Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive. IMPLEMENTATION ACTION: • Encourage the conversion of communications networks and other utilities to underground or wireless facilities 2. Balance commerce and livability in the District within the mixed-use framework. The clear intent of this District is to support a mix and variety of nonresidential and residential uses. Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any allowable uses. GOAL: Harmonize commercial and industrial development with residential quality of life. IMPLEMENTATION ACTIONS: • Assure compatibility of land uses through appropriate urban design techniques. • Consider alternative materials for streets and sidewalks. • Promote environmental cleanup of brown field or hazardous substances by the responsible parties. • Encourage commercial development that provides basic needs to the District. • Encourage affordable housing 323 7 3. Honor the unique character and vitality of the District. The unique character of this neighborhood is built on its history, proximity to the railroad, mixed rural and urban development, mixed residential and commercial uses, and its proximity to downtown. These qualities should be supported. GOAL A: New structures should be designed and built keeping in mind public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership. IMPLEMENTATION ACTIONS: • Where historic buildings and places exist, compatibility of design elements should also enter into the planning of new construction. • Where historic structures are affected by public or private development, seek out the advice and assistance of local, state, or federal historic preservation professionals for opportunities to renovate existing historic structures. • Respect the property rights of property owners. • Encourage the growth of cultural activities. GOAL B: Promote sustainable building practice and design within the District. IMPLEMENTATION ACTIONS: • Support projects and designs that promote Dark Skies. • Promote the use of indigenous plants and materials for landscaping and design. • Encourage the use of locally produced, renewable products. • Promote environmentally sound development and construction practices. • Promote energy and resource-efficient systems within the District. 4. Public open space is essential to a healthy and appealing urban environment. Developing and procuring parks and public open space, as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance and improve the District. Goal A: Procure new land for parks and public open space. IMPLEMENTATION ACTIONS: • Secure public open space(s) in location(s) that will optimize use and accessibility 324 8 • Ensure that all park planning provides for a broad range of both residential and commercial needs. • Provide a park plan that includes a children’s playground and connectivity to adjacent wetlands and open space. • Eminent Domain shall not be used to procure new land for parks. Goal B: Improve landscaping in existing public spaces. IMPLEMENTATION ACTIONS: • Enhance boulevards and public right-of-way by planting and maintaining trees where appropriate. • Weed control. • Encourage property owners to maintain their property 5. The costs of projects and programs shall be weighed against their benefits to the District. This principle is self-explanatory as long as Benefit is understood to mean the promotion of the Principles and that Benefits may not be financial in nature. 6. Private property shall not be acquired for other private use through the eminent domain process in the implementation of any aspect of this plan GOAL: Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan. IMPLEMENTATION ACTIONS: • Include a specific prohibition of this practice in the implementation section of the Plan. • Require that any amendment of the Plan occur under the same procedures as the Plan was adopted including the individual notice requirements for properties within the District. 7. The City shall not limit its vision for the District improvements to monies available solely through the TIF funding. GOAL: Encourage the City to help ensure the success of the NE Urban Renewal Plan by giving a high priority to the NE District in its capital improvements plan. IMPLEMENTATION ACTIONS: 325 9 • Work with the City, County, and State to secure funds from all available sources. • Promote communication so that it is understood that the District will require assistance beyond the tax increment finance funding. 8. Projects shall consider impacts on adjacent neighborhoods. GOAL: Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas. IMPLEMENTATION ACTIONS: • Keep communication open and seek public input from adjacent neighborhoods. • Evaluate projects on their community-wide benefits and impacts. • Create a process for the development and prioritization of neighborhood projects. 9. The city shall consider the impact on the District of all projects undertaken outside of the District. GOAL: Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. IMPLEMENTATION ACTIONS: • Evaluate and mitigate adverse impacts on the District occurring from projects outside of the District. • Ensure that a proportionate share of infrastructure costs resulting from projects inside of the District is shared by the projects outside of the Districts that utilize the infrastructure. 326 10 EXECUTING THE PLAN INTRODUCTION Once adopted, this Plan becomes the official policy guide for public action regarding the Northeast Urban Renewal District. These policies can only be transformed into action through an effective implementation program. The framework for implementation described herein depends on sound processes of administration, financing and evaluation. As the implementation of this Plan proceeds, new opportunities will arise and unforeseen problems will emerge. The Plan’s administration must be sufficiently flexible to respond effectively to changing circumstances without losing sight of long range goals. ADMINISTRATION The Northeast Bozeman Urban Renewal District Plan provides a framework for the rehabilitation and redevelopment of the Urban Renewal District. Upon its adoption, this Plan will serve as the official policy guide for public action. However, these policies can only be transformed to action through an effective implementation program. Key to implementation will be sound processes of administration, financing and program evaluation. Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a municipality may itself exercise its urban renewal project powers, or may, “if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created under 7-15-4232 MCA, or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.” The City of Bozeman may establish an urban renewal agency under this provision to direct the projects and programs outlined in the Urban Renewal Plan, as provided by statute. The City of Bozeman elects to exercise its urban renewal project powers directly, or to assign them to municipal departments, rather than establish a separate urban renewal agency. The City Commission may create an urban renewal district board to serve in an advisory capacity to the Commission in planning for, implementing and administering a program of rehabilitation and revitalization for the District. The board provides opportunities for stakeholders in the District, including property owners, business owners, and residents to participate in formulating urban renewal projects and programs. The annual work program and budget, listing the activities and costs of the activities for the coming fiscal year, as well as the method of financing those activities are prepared by the Director of Economic Development, and reviewed and approved by the City Commission. This program and budget can be amended during the course of the fiscal year in light of funding and program opportunities 327 11 and changes. Urban renewal activities undertaken must be in accordance with Montana State statute. ANNUAL WORK PROGRAM, BUDGET, AUDIT AND EVALUATION The Director of Economic Development shall prepare an annual work program (AWP) and budget that will list the activities and costs of activities for the coming fiscal year, as well as the method of financing those activities. The NURB shall provide public notice as required by statute.This program and budget may be amended during the course of the city’s fiscal year, in light of funding and program changes. All budgets and revised budgets shall be reviewed and approved by the City Commission. The Director of Economic Development shall provide an annual report to the City Commission on programs and activities of the District. PLAN AMENDMENT The Plan may be amended by the same means as adopted in accordance with Montana law. No ordinance amending the Plan shall be adopted until after a public hearing has been conducted thereon and notice of said hearing has been given in the official newspaper once a week for two consecutive weeks preceding the hearing. In addition, mailed notice shall be given to all persons owning property at the time and in the manner provided by MCA § 7-15-4215(1). All notices shall provide the information regarding the modification required by MCA § 7-15-4215(1). Nothing herein shall limit of affect the authority of the Commission to undertake and carry out renewal activities on a yearly basis as provided by MCA § 7-15-4220. PROPERTY ACQUISITION The NURB will assist and encourage public and private entities to eliminate blight or blighting influences, and strengthen the City’s economy by developing property in the District. However, the power of eminent domain shall not be used to acquire private property for private purposes or for parks. ACTION BY THE CITY The City shall aid in carrying out this Plan, and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Other action by the City may include, but not be limited to the following: 328 12 1. Institution and completion of proceedings for opening, closing, vacating, widening or changing the grades of streets, alleys and other public rights-of-way and for other necessary modification of the streets, the street layout and other public rights-of-way in the Northeast Bozeman Improvement District areas. 2. Institution and completion of the proceedings necessary for changes and improvements in publicly-owned utilities within or affecting the Northeast Bozeman Improvement District areas. 3. Revision of Master Plan, Zoning requirements, development standards and regulatory practices if necessary to facilitate the execution or principles, policies and implementation actions set forth by this Plan. 4. Performance of the above, and all other functions and services relating to public health, safety and physical development normally rendered in accordance with a schedule that will permit the redevelopment of the Northeast Bozeman Improvement District area to be commenced and carried to completion without unnecessary delays. 5. Promotion of the availability, through the City, of programs and funds to help keep existing and new housing, in or near the district, affordable and habitable. 6. The undertaking and completing of any other proceedings necessary to carry out the provision of this Plan. 329 13 FINANCE The programs, projects and administration of the Plan shall be financed from a variety of sources both public and private which in part may include: Private – Grants; dues; self-imposed taxes, such as Special Improvement Districts or Business Improvement Districts; private investment; and donations. Private Enterprise Assistance Programs – Housing and Urban Development, Small Business Administration and Community Reinvestment Act financial assistance. Public – Tax increment financing; revenue bonds; City and County general funds; public grants; utility Districts; user fees; state-backed, low interest loans; Montana Department of Transportation; general obligation bonds; tax credits; and enterprise funds. Tax Increment Financing will be implemented in accordance with MCA §§ 7-15-4282-4292 and 4301-4324. In the event that property taxes are reduced or replaced with some new form of revenue, it is the intent of the Plan to use all available means to adjust the tax base or allow the capture of that portion of the new revenue form necessary to offset the reduced or lost increment. The Director of Economic Development will annually develop a program and budget to be reviewed and adopted by the City Commission. During this procedure, specific actions will be proposed in detail for community review. Tax Increment Financing shall be used to further the implementation of the goals set forth in this plan. 330 14 Figure 1 331 15 Appendix 1 COMMISSION RESOLUTION NO. 3835 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY AND THE REHABILITATION, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY. WHEREAS, a blight investigation in a portion of Northeast Bozeman outlined in Attachment “A” was completed by ThinkTank Design Group, Inc. on June 6, 2005; and WHEREAS, the investigation determined that areas of blight as defined by state statute existed within the study area associated with the following: the defective or inadequate street layout identified within the study area; instances of known deterioration, inadequate provisions and/or age obsolescence of the following public improvements within the study area: water, sewer, storm drainage, streets, sidewalks and parks; instances of age obsolescence of buildings within the study area; instances of unsanitary or unsafe condition; instances producing inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; and WHEREAS, Section 7-15-4212 MCA provides that any person, public or private may submit an urban renewal plan to the municipality; and 332 16 WHEREAS, a request was received from ThinkTank Design Group, Inc. to create an Urban Renewal District for the study area in Northeast Bozeman outlined in Attachment “A”; and WHEREAS, Section 7-15-4210 MCA requires that a municipality adopt a resolution of necessity in order to implement an urban renewal program. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that areas of blight exist within the study area of Northeast Bozeman outlined in Attachment “A”, attached hereto and by this reference made a part hereof, and that the rehabilitation, redevelopment, or a combination thereof of the area is necessary in the interest of the public health, safety, morals, or welfare of the residents of Bozeman. BE IT FURTHER RESOLVED that the City shall not use its powers of eminent domain to acquire private property for any private use in the implementation of any urban renewal project within this area. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of August 2005. __________________________________________ ANDREW L. CETRARO, Mayor ATTEST: 333 17 ________________________________________ ROBIN L. SULLIVAN City Clerk APPROVED AS TO FORM: _____________________________________ PAUL J. LUWE City Attorney 334 18 Appendix 2 Description of the Proposed NE Urban Renewal District Beginning at the point of the southeast corner of Lot 12 Block 15 of the Imes Addition; thence southerly along the west right-of-way line of North Rouse Avenue approximately 1,530 feet to the northeast corner of the north 81 feet of Tract 1 Block 9 of Beall’s First Addition; thence easterly approximately 60 feet to the western property line of Tract 2 Block 1 of Perkins and Stone Addition; thence northerly along the east right-of-way line of North Rouse Avenue approximately 32 feet to the northwest corner of Tract 2 Block 1 of Perkins and Stone Addition; thence easterly along the south right-of-way line of East Peach Street approximately 397 feet to the northwest corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly along the east right-of-way line of North Church Avenue approximately 117 feet to the southwest corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence easterly approximately 194 feet to the southeast corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly approximately 55 feet to the southeast corner of Tract 3 Block 6 of the Babcock and Davis Addition; thence westerly approximately 10 feet to the northeast corner of Tract 4 Block 6 of the Babcock and Davis Addition; thence southerly approximately 111 feet to the southeast corner of Tract 7 Block 6 of the Babcock and Davis Addition; thence easterly approximately 264 feet to the western property line of the West ½ of Lot 3 Block 7, Tract 2 of the Babcock and Davis Addition; thence northerly along the eastern right-of-way line of North Wallace Avenue approximately 284 feet to the northwest corner of the west end of Tract 2 Lot 6, and the north 5 feet of Lot 5 Block 7 of the Babcock and Davis Addition; thence easterly along the southern right-of-way line approximately 817 feet to the western property line of Lot 33 Block 53 of the Northern Pacific Addition; thence northeasterly along the eastern right-of-way line of Plum Avenue approximately 555 feet to the centerline of the current main railroad track; thence northwesterly along the centerline of the current main railroad track approximately 1,280 feet; thence westerly approximately 177 feet to the northeast corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence southerly along the west right-of-way line of North Wallace Avenue approximately 393 feet to the southeast corner of Lot 17 Block 110 of the Northern Pacific Addition; thence westerly along the north right-of-way line of East Tamarack Street approximately 400 feet to the southwest corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence northerly along the east right-of-way line of North Church Avenue approximately 360 feet to the property line of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence westerly approximately 430 feet along the north right-of-way line of East Juniper Street to the southeast corner of Lot 12 Block 15 of the Imes Addition, the point of beginning. 335 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Ordinance 2144 Provisional Adoption Repealing 2.05.1810 Bozeman Municipal Code (North Park Urban Renewal Board); Repealing 2.05.1830 Bozeman Municipal Code (Bozeman Midtown Urban Renewal Board); Repealing 2.05.1840 Bozeman Municipal Code (Northeast Urban Renewal Board); Repealing 2.05.1850 Bozeman Municipal Code (South Bozeman Technology District Board); and Repealing Sec. 2.05.1860 Bozeman Municipal Code (Pole Yard Urban Renewal Board) MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having considered public comment and all information presented, I move to provisionally adopt Ordinance 2144. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating and eliminating citizen advisory boards to provide “consistency, predictability and stability”. During that work session, the City Commission provided direction to staff to eliminate the advisory boards for all the urban renewal districts except the Downtown Urban Renewal District. The Ordinances the City Commission is considering reflect that direction to staff. Ordinance 2144 changes how the City of Bozeman administers most of its urban renewal districts. Under the Montana Code Annotated, urban renewal powers are vested in the City Commission, which, for purposes of administration may assign those powers. State law allows urban renewal powers to be “assigned to a department or other officers of the municipality or to any existing public body corporate” (7-15-4232, MCA). Ordinance 2144 amends the Bozeman Municipal Code to be consistent with state statute and allow the City Commission, as the legislative body of the city, delegate its urban renewal powers by Resolution, as allowed by State Law. Ordinance 2144 removes references to the North Park Urban Renewal Board, Midtown Urban Renewal Board, Northeast Urban Renewal Board, South Bozeman Technology District Board, and Pole Yard Urban Renewal 336 Board. From their inception, the City Commission retained its urban renewal powers for the North Park URD and Pole Yard URD and the plans for these districts do not specify boards for the administration of these districts. The South Bozeman Technology District board has been vacant for several years and the City Commission has not made reappointments to this board. The Midtown URD and Northeast URD have existing boards. References to those boards appear in the adopted urban renewal plans for these districts. Removal of those references can be addressed by other ordinances amending the plans. Following any provisional adoption of Ordinance 2144, staff intends to return to the City Commission with a Resolution assigning the urban renewal powers of the City, for these districts, to the Director of Economic Development. Work plans and budgets for the districts would continue to be prepared by economic development staff and presented to the City Commission during the regular budget process. The City Commission will continue to approve contracts and urban renewal projects consistent with current practices. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:There are no fiscal effects created by this Ordinance. Attachments: Ord. 2144 Urb. Renewal Board Repeal.pdf Report compiled on: July 7, 2023 337 Ord 2144 Page 1 of 5 ORDINANCE 2144 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REPEALING 2.05.1810 BOZEMAN MUNICIPAL CODE (NORTH PARK URBAN RENEWAL BOARD); REPEALING 2.05.1830 BOZEMAN MUNICIPAL CODE (BOZEMAN MIDTOWN URBAN RENEWAL BOARD); REPEALING 2.05.1840 BOZEMAN MUNICIPAL CODE (NORTHEAST URBAN RENEWAL BOARD); REPEALING 2.05.1850 BOZEMAN MUNICIPAL CODE (SOUTH BOZEMAN TECHNOLOGY DISTRICT BOARD); AND REPEALING SEC. 2.05.1860 BOZEMAN MUNICIPAL CODE (POLE YARD URBAN RENEWAL BOARD). WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on November 28, 2005 the City Commission passed, adopted, and finally approved Ordinance 1655, which adopted an urban renewal plan for portions of Northeast Bozeman, including the historic mixed use district; and WHEREAS, on November 27, 2006 the City Commission passed, adopted, and finally approved Ordinance 1685, which adopted an urban renewal plan for the North Seventh Avenue corridor and adjacent properties; and WHEREAS, on November 19, 2012 the City Commission passed, adopted, and finally approved Ordinance 1844 (effective December 19, 2012) which created the South Bozeman Technology District; and WHEREAS, on June 3, 2013, the City Commission passed, adopted, and finally approved Ordinance 1861, which created advisory boards for urban renewal boards; and WHEREAS, on November 28, 2005, the City Commission passed, adopted, and finally approved Ordinance 1655, which created the North Seventh Avenue and Northeast Urban Renewal Districts, and South Bozeman Technology District; and 338 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 2 of 5 WHEREAS, on November 16, 2015, the City Commission passed, adopted, and finally approved Ordinance 1925, which amended and re-named the “North Seventh Avenue Urban renewal district board” as the “Bozeman Midtown urban renewal board”; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, Mont. Code. Ann. § 7-15-4231 (2021) permits a municipality itself to exercise its urban renewal project power, or elect to have those powers assigned to an urban renewal agency; and WHEREAS, on August 24, 2021, the City Commission passed, adopted, and finally approved Ordinance 2085 (effective December 1, 2021), which re-structured the City’s advisory boards; and WHEREAS, as set forth in Strategic Plan Section 1.2 Community Engagement, the re- structuring of the City’s urban renewal boards is necessary to more effectively advise the City Commission and engage the public. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The Sec. 2.05.1760 Bozeman Municipal Code, entitled Creation; powers and duties, is amended as follows: Sec. 2.05.1760. Creation; power and duties. The city commission may, by resolution or ordinance, elect to retain and exercise its urban renewal project powers itself or assign those powers to a department or other officers of the municipality, or create an urban renewal board or targeted economic development district board to exercise any of the powers authorized pursuant to Title 7, Chapter 15, Parts 42 and 43, MCA, which are specifically authorized for that board by the city commission. Section 2 The Sec. 2.05.1810 Bozeman Municipal Code, entitled North Park urban renewal board, is repealed in its entirety. 339 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 3 of 5 Section 3 The Sec. 2.05.1830 Bozeman Municipal Code, entitled Bozeman Midtown urban renewal board, is repealed in its entirety. Section 4 The Sec. 2.05.1840 Bozeman Municipal Code, entitled Northeast urban renewal board, is repealed in its entirety. Section 5 The Sec. 2.05.1850 Bozeman Municipal Code, entitled South Bozeman technology district board, is repealed in its entirety. Section 6 The Sec. 2.05.1860 Bozeman Municipal Code, entitled Pole yard urban renewal board, is repealed in its entirety. Section 7 The Sec. 2.06.1300 Bozeman Municipal Code, entitled Administration, is amended as follows: Sec. 2.06.1300. Administration. The urban renewal, tax increment financing, or economic development district programs created pursuant to this division shall be administered by the city commission. The commission shall may be advised on matters pertaining to the program by either a department or other officers of the municipality, or a district board created pursuant to article 5, division 10 of this chapter. and The city commission may delegate specific authority to such a district board, or city department or officer pursuant to ordinance or resolution. Section 8 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 340 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 4 of 5 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 9 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 10 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 11 Codification. This Ordinance shall be codified as indicated in Sections 1 – 7. Section 12 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor 341 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 5 of 5 ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 342 Memorandum REPORT TO:City Commission FROM:Kevin Handelin, Solid Waste Superintendent Nicholas Ross, Director of Transportation and Engineering SUBJECT:Solid Waste Rate Study and Compost Feasibility Study Work Session Continuation MEETING DATE:July 18, 2023 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Solid Waste Rate Study and Compost Feasibility Study Work Session Continuation. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In October 2021, the City of Bozeman entered into a professional services agreement with consultant Burns & McDonnell, for Solid Waste Recycling and Compost evaluation and rate model update. The purpose was to determine the cost of providing the four services offered by the Solid Waste Division [automated (i.e., residential), dumpster, roll-off, compost and curbside recycling], equitably distribute the cost among customers, and design rates to safeguard the financial integrity of the Division. A draft policy report was presented to Commission on October 18, 2022. After receiving policy guidance from Commission through the work session, our consultant has revised the draft report accordingly and will present the results in a continuation of the previous work session. This study will ultimately update the current rate model for FY24 and beyond and to update work already performed, which was impacted by the pandemic, to address the direction given by the Commission on November 18, 2019 regarding recycling and composting programs. A future agenda item will then be brought to Commission for adoption of final program and rates. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by commission. 343 FISCAL EFFECTS:There are no immediate fiscal effects of presenting the study update. In the future, the Commission may choose to change Solid Waste Rates by adoption of a rate resolution after a public hearing. Attachments: Solid Waste Policy Memo July 2023 Update Report compiled on: June 27, 2023 344 CITY OF BOZEMAN, MONTANA SOLID WASTE SERVICES POLICY MEMO POLICY MEMO PROJECT NO. 153552 JULY 2023 345 CONTENTS Introduction ........................................................................................................................ 1 Service Bundling .................................................................................................................. 1 Cost Impact to Customer ....................................................................................................... 2 Alternative Policy: Discount Rate for Voluntary Service Bundling ........................................ 3 Impact on Diversion .............................................................................................................. 3 Advantages and Disadvantages ............................................................................................. 4 Case Study ............................................................................................................................. 5 Austin, Texas ............................................................................................................... 5 Opt-In Versus Opt-Out ........................................................................................................ 6 Cost Impact to the Customer ................................................................................................ 6 Impact on Diversion .............................................................................................................. 6 Advantages and Disadvantages ............................................................................................. 6 Case Studies ........................................................................................................................... 7 Minneapolis, Minnesota (Opt-In) ............................................................................... 7 Garland, Texas (Opt-Out) ............................................................................................ 8 Mandatory Services for Collection Providers ..................................................................... 8 Cost Impact to the Customer ................................................................................................ 8 Impact on Diversion .............................................................................................................. 9 Advantages and Disadvantages ............................................................................................. 9 Case Studies ......................................................................................................................... 10 Johnson County, Kansas ............................................................................................ 10 Sioux Falls, South Dakota .......................................................................................... 11 Additional Strategies ......................................................................................................... 11 FIGURES Figure 1: 2022 Trash Rates by Cart Size ........................................................................................... 2 Figure 2: A La Carte and Bundled Rate Comparison Example1 ........................................................ 3 Figure 3: Advantages and Disadvantages of Service Bundling ........................................................ 5 Figure 4: Advantages and Disadvantages of Opt-In Policy ............................................................. 6 Figure 5: Advantages and Disadvantages of Opt-Out Policy .......................................................... 7 Figure 6: Advantages and Disadvantages of a Mandatory Services Policy ...................................... 9 346 Figure 7: Residential MSW Generation Trends, 2005-2018 (Tons) ............................................... 10 Figure 8: 2018 Residential MSW Generation ................................................................................. 10 Figure 9: Subscription Recycling Participation (2017 – 2021) ....................................................... 12 347 Introduction The City of Bozeman, Montana (City) retained Burns & McDonnell Engineering Inc. (Burns & McDonnell) to develop a Policy Memo that evaluates key policy options related to the City’s current curbside recycling and forthcoming automated organics collection programs. In 2021, Burns & McDonnell completed a Recycling and Organics Feasibility Study for the City, which evaluated the feasibility of expanding the City’s current subscription-based recycling program to all trash customers and implementing a year-round organics collection program using automated collection vehicles. The automated organics collection program is planned to include food scraps, which are not currently accepted in the City’s current seasonal composting collection program. The Recycling and Organics Feasibility Study provided the basis for a Cost of Service Study completed by Burns & McDonnell in 2022. This Study incorporated the cost of beginning the automated organics collection program into the City’s five-year financial forecast. By request of City staff, the Cost of Service Study did not evaluate the cost of City-wide recycling in order to prioritize roll-out of the automated organics collection program. In October 2022, the findings of the Cost of Service Study were presented to Bozeman’s City Commission, including proposed customer rates for the next five years. To facilitate access to these programs for residents, the City Commission requested the following key collection policies be evaluated prior to adopting proposed rates: · Service bundling; · Opt-in and opt-out service; and · Mandatory services for collection providers. This memo includes a description of each policy, its advantages and disadvantages, and relevant case studies from other municipalities that have implemented these policies. This Policy Memo also includes a brief discussion related to strategies to improve participation in the City’s current subscription recycling system and to provide future organics collection customers with finished compost. Prior to consideration for implementation, all policies described within the Policy Memo will be assessed by the City Attorney’s Office to determine their legality for the City. Following City staff review of this Policy Memo, Burns & McDonnell will collaborate with City staff to develop two financial scenarios, including proposed rates, based on the key policies discussed herein. Financial schedules for these scenarios will be included as appendices in the Final Draft of this memo, and will be included as options within the Excel-based Client Model that was developed for the City in 2022. Service Bundling In a service bundling system, all residential customers receive the same bundle of services (e.g., trash, recycling, and organics collection) as part of their base service and pay for these services regardless of whether material is set out. Service bundling policies encourage recycling and composting since all households are automatically enrolled in – and pay for – service. 348 In a service bundling system, the City would be serving a greater base of customers for recycling and organics collection which creates operational efficiencies. These efficiencies reduce the operational cost on a per- household basis compared to the current à la carte system. Correspondingly, service bundling allows the City to provide service for a lower combined rate for the three cart collection services to the customer. However, the overall cost for the bundled service is higher than the cost for subscription service. Cost Impact to Customer The City has a pay-as-you-throw (PAYT) tiered pricing model, where residents pay a higher rate the higher their trash cart volume, as shown with current rates in Figure 1. The current PAYT pricing model for trash carts of variable sizes is compatible with a service bundling policy, as residents would still select their trash cart size and associated tiered fee. Residents who actively divert waste through their recycling and organics carts may downsize their trash cart size, for savings. Figure 1: 2022 Trash Rates by Cart Size Service bundling for all customers would require the City to purchase additional vehicles and carts and hire additional drivers to provide service, necessitating considerable planning for successful implementation. The City rates would need to be recalibrated to account for the following:1 · Increased Cost of City-Wide Operations. The City will require additional drivers, collection vehicles, and carts in order to provide recycling and organics collection service to all customers. · Increased Revenue Base of Bundle Customer. As all customers will receive three cart-based collection services in their base monthly rate, the City will receive more revenue on a per-household basis through a service bundling policy than it currently receives. 1 As City Commission did not approve rate adjustments for all City customers in 2022, rates will additionally need to be adjusted to safeguard the financial integrity of the Solid Waste Division, which is entirely funded through customer rates. $14.52 $20.86 $26.73 $0.00 $10.00 $20.00 $30.00 45 65 100Monthly RateCart Size (Gallons) 349 Alternative Policy: Discount Rate for Voluntary Service Bundling The City may choose to explore an alternative policy to incent residents to voluntarily receive service bundling under the current subscription model. Customers who voluntarily subscribe to receive all three services would receive a bundling discount from the listed price of each of the individual services. Figure 2 provides an example of what a voluntary service bundling policy may look like for a customer with a 65-gallon cart.2 A discounted rate would apply to customers receiving recycling and organics collection for total combined rate of $35.79 compared to an à la carte approach ($40.79). Figure 2: A La Carte and Bundled Rate Comparison Example1 1. Assumes the resident does not downsize to a smaller cart size after receiving additional collection service. Impact on Diversion With sufficient education related to each cart’s program materials, a service bundling policy would result in the highest diversion potential. This policy would roughly double the number of City customers receiving curbside recycling and would increase the amount of food waste diverted from the landfill City-wide. Alternatively, the voluntary service bundling policy would financially incentivize enrollment in the diversion programs and therefore reduce the amount of waste sent to the landfill. Around 50 percent of existing City residential customers subscribe to recycling service. It is anticipated that many of these customers would also be interested in an organics collection program, whether included as bundled service in base rates, or through voluntary service bundling. 2 A hypothetical discount of $5 has been applied for illustrative purposes as the City has not determined the amount of the discount yet. The Final Draft of this Policy Memo may include an updated version of Figure 2 if a financial scenario for service bundling is developed. 350 The voluntary service bundling policy may incentivize existing recycling customers to sign up for and participate in the organics collection service. It is less likely that customers not currently enrolled in the recycling program would be motivated by the service bundling discount. Customers within a service bundling system will generally reduce the amount of landfilled trash that they generate and may reduce the size of their trash cart. For example, customers may find that through recycling and organics, they may be able to downsize from a 65-gallon cart to a 35-gallon cart, further reducing their cost and trash volume. Advantages and Disadvantages While recycling collection has been provided by the City since 2011, the year-round automated organics collection service would be new to all City customers. The primary benefits of service bundling discount policy is to increase diversion and increase affordability of diversion activities. Figure 3 provides a comparison of the advantages and disadvantages of service bundling. 351 Figure 3: Advantages and Disadvantages of Service Bundling Advantages Disadvantages · Ensures that all customers have access to recycling and organics, if included in base rates · Increases diversion of recycling and organics from landfill · Discounted rates compared to à la carte rates make diversion opportunities more accessible for customers · When paired with PAYT rate structure via multiple cart sizes, diversion is further incentivized · May not be competitive with other haulers providing services in Bozeman · Mandatory service may be viewed unfavorably · Lack of program by-in can lead to contamination issues (e.g. customers placing trash in their recycling or organics carts) · Additional outreach required to inform customers of their options and program materials · Total per customer revenue to the City is reduced for customers receiving all three services · Reduced revenue may need to be recovered by other City customers (e.g., commercial dumpster rates) · Increased program participation will require additional collection fleet or need for staff, which may strain system due to recent purchasing and labor challenges Case Study Austin, Texas The City of Austin, Texas includes the three cart-based collection services, trash, recycling, and organics, as part of its PAYT rate structure. Austin’s approach for residential collection has historically included advancement in diversion within its base level of service. The City started its PAYT program in the 1990s by offering three cart sizes for trash and a dual-stream recycling program, as well as weekly yard waste collection. In 2009, Austin transitioned to a single-stream recycling collection program. Similarly, Austin began rolling out an organics cart collection program in 2014 to 14,000 households, with incremental growth each year until 2021. Today, all single-family residents in Austin receive three carts as a bundled service. In 2009, the estimated City-wide diversion rate in Austin was 31 percent. By 2015, the diversion rate increased to 42 percent, primarily due to tactics introduced in the 2011 Master Plan including curbside composting collection. Austin’s Zero Waste Goal of diverting 90 percent of material from landfills by 2040 provides a strong basis for its decision to enroll all single-family residents in the three-cart collection bundle. One challenge with the approach that Austin took is contamination, as residents may not be aware of the program materials of a cart that was provided to them. The forthcoming 2023 Austin Resource Recovery Comprehensive Plan will include the City’s messaging strategy to increase residents’ familiarity with the correct materials for each of the carts. 352 Opt-In Versus Opt-Out In both an opt-in and opt-out policy, the City would provide services for a standard rate without a pricing breakout for individual services and there would not be a cost impact to the customer for opting-in or opting-out. An opt-in policy is where customers voluntarily sign up to receive services for no additional cost. Customers voluntarily opt- in to participate, demonstrating an interest and commitment in the diversion programs. The City’s current subscription recycling program is not considered an opt-in service under this definition, as residents subscribe to recycling collection for an additional fee. An opt-out policy is where customers automatically receive a suite of services without a pricing breakout for individual services. Customers may request that their service is discontinued but will continue to pay the standard rate. An opt-out policy is similar to service bundling, but residents may “remove” their home from service. The standard opt-out policy does not include an option for customers to opt-out of paying for service, however, some communities offer this option. Rather than a customer making an effort to voluntarily subscribe, and pay for, an additional service, the customer would make the effort to opt-out of a provided service and fee by either calling the provider or filling an exemption to meet specifications identified by the policy. Cost Impact to the Customer The City’s PAYT tiered pricing model is compatible with both an opt-in and opt-out policy. Residents would still select their trash cart size at an associated tiered fee. However, the tiered fee would automatically include all diversion services (i.e., recycling and organics). Costs for customers currently only receiving trash service would increase in an opt-in/opt-out system. A transition to an opt-in/opt-out system for the City would require significant education and outreach efforts to be publicly supported and successful. In an open market competitive hauler system, which the City operates in, customers have the option to switch haulers, so an opt-in/opt-out policy may cause some customers to choose a different hauler with less cost and/or services. Impact on Diversion Opt-in programs typically have fewer participants but higher set out rates with less contamination. Opt-out programs typically have a higher number of participants but may have fewer set out rates with higher contamination in diversion carts. All customers receive service in an opt-out program, therefore, the number of participants is higher than in a voluntary, opt-in program. Diversion increases with the increase of participation. To have a successful recycling and/or organics program, customers must be educated on what to recycle and compost. Over time, as awareness increases, the impact to diversion increases. Advantages and Disadvantages Both opt-in and opt-out policies would require that the City potentially provide all customers with recycling and/or organics collection, as residents would be paying to receive service under both systems. Ultimately, both policies could cause customers to pay for a service they do not use. The advantages and disadvantages of opt-in and opt-in policies are provided in Figure 4 and Figure 5, respectively. Figure 4: Advantages and Disadvantages of Opt-In Policy Advantages Disadvantages 353 · Participating customers are well-informed about programs; contamination is likely to be low · Increases diversion of recycling and organics · When paired with tiered rates for lower trash cart sizes, diversion opportunities are further incentivized · City may not be competitive with other haulers with increased base rates, if recycling and/or organics collection services are not mandatory City-wide · Customers may be interested in recycling and/or composting but may not participate if unfamiliar with sign-up process · Some customers will pay for services they do not receive · Increases to base rates to cover costs of providing service (e.g., recycling) may be perceived as a tax on customers who do not use it Figure 5: Advantages and Disadvantages of Opt-Out Policy Advantages Disadvantages · All customers automatically receive recycling and composting services · Increases diversion of recycling and organics · Decreases waste going to the landfill · When paired with tiered rates for lower trash cart sizes, diversion opportunities are further incentivized · City may not be competitive with other haulers with increased base rates, if recycling and/or organics collection services are not mandatory City-wide · Customers may receive services they are not using · Mandatory service may be viewed unfavorably and increases to cost of service may be perceived as a tax · Lack of program buy-in can lead to contamination issues · Significant education and outreach efforts by the City are necessary for customer buy-in Case Studies Minneapolis, Minnesota (Opt-In) The City of Minneapolis provides recycling and organics collection for its residential trash customers. Recycling collection is bundled with trash for all residential customers, without opting-in, and the organics collection is an opt-in service for no additional fee. Minneapolis’s organics collection has been requested by over 50,000 single- family homes, or roughly half of its residential trash collection customers, based on 2021 data. Minneapolis collects nearly 6,000 tons of organics per year from organics carts and has cited very low (less than one percent) levels of contamination. The program received the U.S. Composting Council Organics Diversion Program of the Year award in 2018 and is considered a national model for successful implementation. One key difference between Minneapolis’ organics collection program and the forthcoming program for Bozeman is collection method. Minneapolis’ collection crews manually load carts into collection vehicles, whereas Bozeman will purchase automated collection vehicles outfitted with a side-loading arm, meaning material is not visually “checked” before collection. Minneapolis cites community buy-in as a driver for its successful program. To generate interest from residents, staff targeted low-participation neighborhoods with direct mailers in multiple languages and leverages social media. Recognizing how buy-in is critical to a successful program, Bozeman applied for a U.S. Environmental Protection Agency (EPA) grant in early 2023 to support recycling and organics outreach and education efforts. 354 Garland, Texas (Opt-Out) The City of Garland’s residential customers are automatically enrolled in every-other-week recycling collection service and may opt out of service if requested. As of 2021, approximately 42,500 of 63,000 residential customers (approximately two-thirds) receive recycling service. Garland’s cart-based recycling program was implemented through a multi-phase roll-out, with each single-family home receiving a cart with a welcome letter and explanation of program materials. City-wide roll-out of cart-based recycling collection has been complete since 2019. Residents who choose not to use their recycling carts are not formally tracked, rather, recycling collection crews collect material from homes with recycling setouts. Garland implements a “three-strike” rule for recycling collection, where recycling carts are removed from a home after three citations of contamination. Mandatory Services for Collection Providers A policy for mandatory services for collection providers is typically administered as a licensing program and stipulates that all haulers providing residential refuse collection services must have a license to operate in the City. The City could then impose minimum requirements or guidelines on the haulers such as specifying the base level of services that must be offered or provided. The City could require that all haulers must either offer certain services with voluntary subscription, or that haulers must provide certain services in their base rate. The licensing program may include stipulations such as the following: · Specify the base level of services that must be offered or provided, either by the licensed hauler or a licensed subcontractor, which may include collection of recycling and/or organics. · Specify the types of recyclables/organics that need to be included in the program, at a minimum and where recyclables/organics are to be delivered. · Stipulate the minimum frequency of collection and container type for each service. · Require tonnage reporting for each collection service stream. · Stipulate penalties and remedies for non-performance. · Stipulate certain operating details, such as hours of operation, condition of vehicles, condition of containers. · Require liability insurance coverage. The City is in a relatively unique situation as it competes with private haulers on the open market. Due to this, a hauler licensing program will not only standardize services for customers but create a level playing field for competition amongst all haulers, including the City. If the City moves forward with implementing a hauler licensing program with mandatory services, it will be important to separate the regulatory enforcement of the policy from the provision of solid waste services. The requirements of a policy should be equally enforced for all haulers, including the City as a hauler. It is recommended that enforcement be performed by an entirely separate department. Licensing fees can be set to a level to generate, at minimum, adequate revenues to cover the costs of administering the licensing program. The fee may be based on tonnage collected, number of customers, number of vehicles, a flat fee, or some combination thereof. Cost Impact to the Customer The cost for customers currently only receiving trash service would increase if mandatory services such as recycling and/or organics collection were required to be provided by all collection providers. A transition to a hauler 355 licensing program with mandatory services would require significant education and outreach efforts. In an open market competitive hauler system, costs are likely to still be variable, but more competitive, as all haulers have a standardized level of services. Impact on Diversion This option would significantly increase the diversion of materials from the landfill. This option would impact all residents in the City, not just the customers serviced by the City. All residents in the City, regardless of hauler, would be offered or provided recycling and/or organics collection service. Participation and diversion will increase with an increase in service availability. To have a successful recycling and/or composting program, customers must be educated on what to recycle and compost. Over time, as awareness increases, the impact to diversion increases. Advantages and Disadvantages The primary benefit of the mandatory services policy approach is that it can create a more level playing field across all service providers by requiring a standardized level of service. Additionally, this policy would increase the provision of and participation in recycling and organics programs and community education and outreach materials are more streamlined. The drawback, however, is that a mandatory provision of services may be initially unfavorable to some haulers and residents. Some haulers may not have the experience or immediate capabilities to provide additional services and some residents may perceive the mandatory services as an added cost or tax. Figure 6 highlights the advantages and disadvantages associated with the mandatory services policy option. Figure 6: Advantages and Disadvantages of a Mandatory Services Policy Advantages Disadvantages · Recycling and/or organics collection service are provided to all residents of the City · Competition amongst haulers occurs on a level playing field · City sets standardized service and quality requirements · Increased diversion of recycling and organics/reduction of waste to landfills · Streamline community education and outreach materials · Reporting requirements allows for better program metrics · Enforceable quality · Haulers may not have experience or capabilities to provide additional services · Costs may increase for customers going from refuse- only service to multiple new services · Mandatory services may be perceived negatively or as a tax · City (as a government entity) must demonstrate that policy does not provide City with unfair advantage against competitors, as the City is also a service provider · Significant education and outreach would be necessary for new programs · Potential for increased contamination from customers with limited buy-in · Level of effort for the City to develop and implement an enforcement program 356 Case Studies Johnson County, Kansas Johnson County, Kansas is a suburb of the Kansas City Metro Area and has a population of over 600,000. With 19 cities and 11 licensed residential haulers, it raised its overall residential diversion from 16 percent to 38 percent through implementation of a new mandatory services program in 2012. As a condition of their license, haulers must provide refuse, recycling, and PAYT (maximum of 96-gallons per week) as part of their base service and bulky items and yard waste must be collected separately. In Johnson County, the residential sector is serviced through a combination of public and private haulers, city, HOA, and individual household contracts. The hauler licensing regulations unify the whole community under the same base level of services. Figure 7 shows how the generation of residential municipal solid waste by type has shifted over time, from 2005 to 2018. Total generation has decreased by approximately 23,000 tons per year during that time, and the distribution of material has shifted. Significantly more recyclables and yard waste are being diverted from landfills. Figure 7: Residential MSW Generation Trends, 2005-2018 (Tons) On average, each resident of Johnson County (living in a single-family home) generates a total of 1,067 pounds of MSW per year. This includes 656 pounds of material disposed in landfills, and a total of 412 pounds of material recycled through curbside collection or drop-off programs. On a percentage basis, the County’s current residential recycling rate is strong, at 38 percent. Figure 8 provides a breakdown of the 2018 residential disposal and recycling quantities on at a total and per-capita basis. Figure 8: 2018 Residential MSW Generation MSW Type Total Tons Pounds per Capita Percentage Disposal Refuse 144,139 603.0 62.0% Recycling 0 50,000 100,000 150,000 200,000 250,000 300,000 2005 2008 2012 2018 Refuse Recyclables Yard Waste 357 MSW Type Total Tons Pounds per Capita Percentage Recyclables 43,421 181.7 18.7% Yard Waste 44,025 184.2 18.9% HHW 792 3.3 0.3% E-waste 84 0.4 0.0% Total Recycling 88,322 369.5 38.0% Total Generation 232,461 972 Sioux Falls, South Dakota The City of Sioux Falls is the largest city in South Dakota with a population of nearly 200,000. The city has an open market system for solid waste services with around 16 licensed haulers. As part of a city ordinance, all licensed waste haulers are required to provide recycling to all residents and businesses and report tonnage data. Licensed haulers are required to achieve the standard of at least 80 percent of the recycling goal. For the past three years the goal has been 22.5 percent. Recycling rates are calculated by dividing the total amount of recyclableps by the total amount of solid waste hauled within the five-county region served by the Sioux Falls Regional Sanitary Landfill. Haulers who do not meet the standard receive a surcharge; haulers with a recycling rate more than 35.1 percent receive a rebate. The mandatory recycling service ordinance went into effect in 2012 and the region’s recycling rate increased from 12 percent in 2008 to 23.5 percent in 2014 and was 20.5 percent in 2021. Education and outreach activities of the recycling program are led by the city Public Works Department, Environmental Division, through a campaign called “Leading Green.” Sioux Falls works with the haulers to engage customers in how to recycle right. Contamination at the material recovery facilities that process recycling has increased since transitioning to single-stream. Sioux Falls attempts to reduce contamination through targeted education campaigns. Additional Strategies The City Commission requested additional strategies that can improve the City’s recycling participation within the current subscription system and provide finished compost to future organics collection customers. These strategies are provided below: · Free Recycling and Organics Collection Trial. One strategy to improve the participation rate for the subscription recycling and forthcoming organics collections programs would be to give trash customers a free trial of the service. The City may choose to target neighborhoods with lower-than-average subscription rates and provide a recycling cart for at least three collection cycles (six weeks for recycling and three weeks for organics). It is recommended that the City, as the City of Garland had done for its cart-based recycling collection roll- out, provide trial customers with a welcome letter about the trial period and information about accepted material. · Increased Program Awareness Through Outreach. The City has seen consistent and growing levels of participation in its recycling collection program, as shown in Figure 9. 358 Figure 9: Subscription Recycling Participation (2017 – 2021) By applying to the U.S. EPA Recycling Education and Outreach Campaign grant, the City has taken a critical step in further improving participation. The City, through the grant application, has identified various actions and methods to increase participation, including: o Geo-targeted digital campaigns for different audiences o Cable and streaming TV advertisements o Radio spots o Social media o Newspaper display ads and inserts o Website updates · Offer Finished Compost Pick-Up at Central Location. For all City customers, or just those who subscribe to the automated organics program, based on policy options defined in the Policy Memo, the City may offer finished compost pick-up to increase participation in the program, or composting in general. As the City already owns the finished compost through its current composting contract, the City would not incur significant costs to offer it to customers at a centralized location. The City may potentially partner with Montana State University as a pick-up location, due to the City’s longstanding composting partnership with the university and its central location within Bozeman. 359 360