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HomeMy WebLinkAbout03-19-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approve the Regular Meeting Minutes from: 02-12-24 City Commission Special Meeting 02- 13-24 City Commission Meeting 02-27-24 City Commission Meeting 03-05-24 City Commission Meeting(Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 19, 2024 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. 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 I move to approve the combined City Commission minutes as submitted. 1 G.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 Authorize the City Manager to approve the Grant Agreement to Family Promise of Gallatin Valley(Munfrada) G.3 Authorize the Mayor to Sign a Certified Local Government Grant Agreement for 2024-2025 cycle with the Montana State Historic Preservation Office.(Rosenberg) G.4 Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with DOWL, LLC for the Riverside Lift Station and Force Main Project(Murray) G.5 Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project.(Murrray) G.6 Authorize the City Manager to Sign a Task Order Two with Cushing Terrell for Design Services for the Whittier School Parking Lot Project(DiTommaso) G.7 Resolution 5583, Adoption of Designation of Subdivision Administrator for Administrative Minor Subdivisions Required per Title 76, Chapter 3, Section 609 Montana Code Annotated Amended by the 2023 Montana Legislature(Saunders) G.8 Resolution 5587, Authorizing the City Manager to Sign Prime Change Order 3 and Guaranteed Maximum Price Amendment 5 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project(Henderson) G.9 Resolution 5590 relating to up to $2,280,000 in principal amount of general obligation bonds and up to $3,930,000 in principal amount of limited tax general obligation bonds and authorizing the issuance and public safe thereof, for the purpose of financing improvements to the Swim Center, Lindley Center, and Bogert Pool.(Hodnett) H. Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Ordinance 2148, Final Adoption, Establishing a Zoning Designation of R-4, Residential High- Density District, and R-3, Residential Moderate Density District, in Association with the Annexation of 81.468 Acres, the Gran Cielo II Annexation generally Located on the Southeast corner of Stucky Road and South 27th Avenue, Application 22090(Rogers) I. Mayoral Proclamation I.1 Mayoral Proclamation for Anniversary of Cities for CEDAW (Cunningham) J. Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once 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. 2 K. Action Items K.1 Planned Development Zone, the MSU Innovation Campus Planned Development Zone Requesting a Sustainability/Resilient Design PDZ on 41.97 Acres and Amendment of the City Zoning Map to Change Zoning from BP, Business Park District, to B-2, Community Business District. The Property is generally located between West College and Garfield Streets and centered on Invention Drive. Application 23293(Rogers) L. FYI / Discussion M. Adjournment Written comments can be located in the Public Comment Repository. Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23293 and move to recommend approval of the MSU Innovation Campus Zone Map Amendment, with contingencies required to complete the application processing. 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 on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Assistant City Manager SUBJECT:Approve the Regular Meeting Minutes from: 02-12-24 City Commission Special Meeting 02-13-24 City Commission Meeting 02-27-24 City Commission Meeting 03-05-24 City Commission Meeting MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. 4 FISCAL EFFECTS:None Attachments: 02-12-24 City Commission Special Meeting Minutes.docx 02-13-24 City Commission Meeting Minutes.docx 02-27-24 City Commission Meeting Minutes.docx 03-05-24 City Commission Meeting Minutes.docx Report compiled on: March 11, 2024 5 Bozeman City Commission Special Meeting Minutes, February 12, 2024 Page 1 of 6 THE CITY COMMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES February 12, 2024 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent:None Excused:None Staff Present at the Dais:Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A)00:12:34 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:13:59 Pledge of Allegiance and a Moment of Silence C)00:14:40 Action Item C.1 00:14:45 Commission Discussion on Contents of Video Involving the City Manager, Direction to City Attorney, and Possible Commission Action Pursuant to Sec. 2.09 and Sec. 3.02 of the Bozeman City Charter 00:16:04 Statement of the City Attorney CA Sullivan provided an overview of the applicable City Charter provisions for the proceedings. 00:21:10 Questions of the City Attorney 00:24:31 Statement by the Mayor Outlining the Procedure 00:25:27 Statements of the City Commission 6 Bozeman City Commission Special Meeting Minutes, February 12, 2024 Page 2 of 6 00:40:57 Request of the City Manager or His Representative No requests were received. 00:41:33 Public Comment 00:43:01 Hudson Hart commented on the video. 00:43:51 Bill Brian commented on the video. 00:46:54 Branson Gerst commented on the video. 00:50:04 Bill Mokel commented on the video. 00:52:50 Laura Seis commented on the video. 00:54:08 Dane Fletcher commented on the video. 00:55:29 Jenna Reno commented on the video on behalf of Take Back Bozeman. 00:57:16 Amy Stewart-Morell commented on the video. 00:58:47 Roger Koopman commented on the video. 01:01:24 Deanna Campbell commented on the video. 01:04:37 Kurt Klewin commented on the video. 01:06:47 Marek Povlovski commented on the video. 01:09:46 Bill Gould commented on the video. 01:12:04 Aaron Cribbes commented on the video. 01:13:28 Angie Kociolek commented on the video. 01:16:49 Dan Kaveney commented on the video. 7 Bozeman City Commission Special Meeting Minutes, February 12, 2024 Page 3 of 6 01:18:25 Jerry Pape commented on the video. 01:22:12 Roger Blank commented on the video. 01:23:15 Guy Santiglia commented on the video. 01:25:09 John Meyer commented on the video. 01:26:29 Eli Anselmi commented on the video. 01:28:44 Jeffrey Krauss commented on the video. 01:32:06 City Commission Discussion 01:33:33 Motion to request the City Manager resign effective immediately and provide the city manager until the close of business on Wednesday, February 14, 2024, to respond in writing to the Mayor. Joey Morrison: Motion Christopher Coburn: 2nd 01:33:47 Discussion 01:35:15 Clarification of City Attorney 01:36:16 City Commission Discussion continued 01:42:07 Clarification of City Attorney 01:45:39 City Commission Discussion continued 02:08:27 Clarification of City Attorney 02:10:14 City Commission Discussion continued 02:10:24 Vote on the Motion to request the City Manager resign effective immediately and provide the city manager until the close of business on Wednesday, February 14, 2024, to respond in writing to the Mayor.The Motion carried 5 - 0. 8 Bozeman City Commission Special Meeting Minutes, February 12, 2024 Page 4 of 6 Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 02:10:42 Clarification on the Motion 02:11:04 Motion to request the City Attorney retain an outside investigator to conduct an investigation into the conduct of the City Manager as demonstrated by the statements made by the City Manager in the video from January 17, 2024 to determine the basis for the City Manager's comments and determine if other similar behavior and conduct has occurred. This investigation grants the authority to the investigator as provided for in Sec. 2.09 of the City Charter. The results of the investigation must be shared with the entire City Commission, if the City Manager does not resign by close of business on February 14, 2024. Christopher Coburn: Motion Douglas Fischer: 2nd 02:11:51 Discussion on the Motion 02:34:16 Motion to table the motion on the floor. Christopher Coburn: Motion Douglas Fischer: 2nd 02:34:33 Vote on the Motion to table the motion on the floor.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn 9 Bozeman City Commission Special Meeting Minutes, February 12, 2024 Page 5 of 6 Douglas Fischer Disapprove: None 02:34:51 Motion to request the City Attorney to draft a complaint to the Board of Ethics related to the conduct of the City Manager as demonstrated by the statements made by the City Manager in the video from January 17, 2024. Christopher Coburn: Motion Douglas Fischer: 2nd 02:35:12 Discussion on the motion 02:36:21 Vote on the Motion to request the City Attorney to draft a complaint to the Board of Ethics related to the conduct of the City Manager as demonstrated by the statements made by the City Manager in the video from January 17, 2024.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None D)Public Comment E)FYI / Discussion F)02:36:41 Adjournment ___________________________________ Terry Cunningham Mayor 10 Bozeman City Commission Special Meeting Minutes, February 12, 2024 Page 6 of 6 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 19, 2024 11 Bozeman City Commission Meeting Minutes, February 13, 2024 Page 1 of 5 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 13, 2024 Present:Terry Cunningham, Jennifer Madgic, Christopher Coburn, Douglas Fischer, Joey Morrison Absent:None Excused:None Staff at the Dias: Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A)00:04:15 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:05:34 Pledge of Allegiance and a Moment of Silence C)00:06:21 Changes to the Agenda D)00:06:27 FYI Commissioner Fischer complimented the City Snow Angels Program Commissioner Fischer complemented Agenda Item F. 5, the Downtown Alley Enhancement Project. E)00:07:51 Commission Disclosures F)00:08:05 Consent 12 Bozeman City Commission Meeting Minutes, February 13, 2024 Page 2 of 5 F.1 Accounts Payable Claims Review and Approval F.2 Appoint a sub-committee of two commissioners to review pledged securities as of December 31, 2023. Depository Bonds & Securities 1223.doc F.3 Portable Toilet Agreement with TLC (TLC Septic & Excavation Inc.) for portable toilet services at select urban camping areas in the City of Bozeman. TLC Rental Agreement Portable Toilets.pdf City of Bozeman PSA Portable Toilets Signed TLC.pdf F.4 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts - Fall Procurement Addition #1 PSA - Master Task Order - 3B Rehabilitation Services - Compiled.pdf PSA - Master Task Order - S Conley Support - Compiled.pdf F.5 Authorize the City Manager to sign approve an Amendment to the Construction Agreement with Constructive Solutions Incorporated for the Downtown Alley Enhancement Project. First Am. Dwtwn Alley Enhance Agmt_final.pdf Exhibit A - Notice of Award - ALLEY.pdf Ex. C Artwork Scope of Services_alley.pdf Ex. C Final_Artwork_Plans_and_Drawings_1-9-2024.pdf Ex. D Clarke Transfer-Assignmnet Copyright final.pdf Ex. D Dzintars Transfer-Assignmnet Copyright final.pdf Ex. D Nall Transfer-Assignmnet Copyright final.pdf Ex. E Dzintars VARA Waiver of Rights final.pdf Ex. E Nall VARA Waiver of Rights final.pdf Ex. E VARA Clarke Waiver of Rights final.pdf Exhibit B - Scope of Services_revised.pdf F.6 Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 3 Advantage Spraying Services, Inc..pdf Attachment B PSA Advantage Spraying Services, Inc..pdf F.7 Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement with Stay Green Sprinklers Inc. for Irrigation Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 3 Stay Green Sprinklers Inc..pdf Attachment B PSA Stay Green Sprinklers Inc..pdf 13 Bozeman City Commission Meeting Minutes, February 13, 2024 Page 3 of 5 F.8 Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 3 Hydro Logistics Irrigation LLC..pdf Attachment B PSA Hydro Logistics Irrigation LLC..pdf F.9 Resolution 5581 Approving, Pursuing, and Negotiating a Lease-Purchase Financing and Associated Documentation; and Making a Related Declaration of Intent to Reimburse for certain costs of furnishing and equipping Fire Station 2, the Bozeman Swim Center, Bogert Pool and the Lindley Center, and purchasing vehicles and/or other equipment for the City?s solid waste operations. Resolution Authorizing Lease Purchase Financing.v2.docx F.10 Resolution 5582, Update to the Fair Market Value of Land for Cash-in-lieu of Parkland Calculations CILP Resolution 5582 Feb 2024.docx Exhibit A - Appraisal Report.pdf ACM Winn shared highlights of the Consent Agenda 00:09:11 Public Comment on Consent There were no public comments on the Consent Agenda 00:09:52 Motion to approve Consent items 1-10 Jennifer Madgic: Motion Christopher Coburn: 2nd 00:10:01 Vote on the Motion to approve Consent items 1-10 The Motion carried 5 - 0. Approve: Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Joey Morrison Disapprove: None 14 Bozeman City Commission Meeting Minutes, February 13, 2024 Page 4 of 5 G)00:10:25 Public Comment 00:12:15 Guy Santiglia commented on Urban Camping H)00:14:34 Action Items H.1 Public Hearing and Resolution 5573 Establishment of Priority Projects for HB355 State-Local Infrastructure Partnership Program Resolution 5573 Approve Projects for the State-Local Infrastructure Partnership Program - rev.1.docx NOTICE OF PUBLIC HEARING - HB 355 Res 5573.docx 00:14:41 ACM Winn introduced the Action Item 00:15:02 Staff Presentation Transportation Director Nick Ross presented Resolution 5573, Establishment of Priority Projects for HB 355 State-Local Infrastructure Partnership Program, State -Local Infrastructure Partnership, State-Local Infrastructure Partnership Grant Process, and Staff Recommendation of Priority Projects. 00:27:11 Questions of Staff 00:41:31 Public Comment There was no public comment on this Action Item Discussion I)00:47:59 FYI / Discussion Commissioner Madgic commented on public comment, and asked that when concerns are brought up, that people would reach out Commissioners. J)00:49:05 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 on our Meeting Videos Page. 15 Bozeman City Commission Meeting Minutes, February 13, 2024 Page 5 of 5 ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: March 19, 2024 16 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 1 of 13 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 27, 2024 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent:None Excused:None Staff present at the Dias: Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A)00:22:33 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:23:52 Pledge of Allegiance and a Moment of Silence C)00:24:40 Changes to the Agenda D)00:24:51 FYI Mayor Cunningham gave an FYI about the Cancer fundraiser I-Ho Pomeroy held. ACM Chuck Winn announced that the Public may sign a memories book for I-Ho Pomeroy. E)00:27:20 Commission Disclosures Commissioner Fischer put on the record that Jeff Poole is a colleague of Commissioner Fischer's Wife. 17 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 2 of 13 DM Joey Morrison put on the record that he briefly met with the Swansons before assuming office. Mayor Cunningham disclosed that he is often in the Sundance Springs area. Sundance Springs community members have briefly broached the topic with Mayor Cunningham. Mayor Cunningham has received communications from Jefferey Poole, one in October 2020, about a future land use map designation not associated with this site. The other on August 20, 2022, stating his concerns about this project. There was no follow up to that and it came before the notice of appeal on 7/17/2023. F)00:30:12 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approval of depository bonds and pledged securities as of December 31, 2023. Depository Bonds & Securities 1223.doc F.3 Authorize the City Manager to Sign a Notice of Award with CK May Excavating for Construction of a Shared-Use Path along 5th Avenue from Tamarack Street to Oak Street and Related Improvements 5th_Ave_Trail_Notice_of_Award.pdf 5thAve_Bid_Recommendation_020224.pdf 5th Ave_Bid_Tab_020124.pdf F.4 Authorize the City Manager to sign the Gallatin County Fire Agency Mutual Aid Agreement Gallatin County Fire Mutual Aid Agreement .pdf F.5 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for the Motor Control Center Replacement Project at the Water Reclamation Facility. AE2S PSA for WRF Motor Control Replacement Project_20240215.pdf F.6 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts - Fall Procurement Addition #1 PSA - Master Task Order - 3B Rehabilitation Services - Compiled.pdf PSA - Master Task Order - S Conley Support - Compiled.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with G3, Green Gardens Group, LLC. for a Bozeman Watershed Wise Landscape Webinar Series Professional Services Agreement_G3_Water Wise Landscape Webinar Series 2024.pdf Exhibit A_G3_Scope of Services 2024 .pdf 18 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 3 of 13 F.8 Authorize the City Manager to execute Task Order No. 2 of the Professional Services Master Task Order Agreement with the firm of AE2S providing engineering services for the following three sub-tasks at the City of Bozeman Water Treatment Plant: Hyalite Earthen Embankment Condition Investigation, WTP Pretreatment Basin Geometry Modifications, and WTP Fluoride Containment Access Improvements Task Order No. 2_WTP On-call Engineering PSA_AE2S.pdf F.9 Authorize the City Manager to Sign Amendment 1 to Professional Services Agreement with TD&H Engineering for Structural Special Inspections and Materials Testing for the Construction of Fire Station 2 PSA Amendment 1 - TD&H Engineering -Special Inspections and Materials Testing for Fire Station 2 Construction - Combined.pdf F.10 Authorize the City Manager to Sign Second Amendment to the Professional Services Agreement with Bozeman Site Services, LLC. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 2 Bozeman Site Services LLC_.pdf Attachment B PSA Bozeman Site Services LLC..pdf F.11 Authorize the City Manager to Sign Amendment 1 to Architectural Services Agreement with A&E Design for Bozeman City Hall Renovation Amendment 1 - Architectural Services Agreement - A&E Design - City Hall Renovation GF370 - Compiled.pdf Architectural Services Agreement - A&E Design - City Hall Renovation GF370.pdf A&E Statement of Qualifications.pdf RFQ - Architect - City Hall Renovation.pdf F.12 Authorize City Manager to sign Amendment No. 3 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project. Amendment 3 Sourdough Transmission Main - Additional Work During Construction.pdf F.13 Resolution 5541 Modification of Special Improvement Lighting District 772 for Blackwood Groves to include all remaining phases. Resolution 5541-Modify SILD 772-Blackwood Groves.doc F.14 Resolution 5572 Creation of Special Improvement Lighting District 783, Phases A & C of Sundance Minor Subdivision Resolution 5572-Creation of SILD 783.doc 00:30:20 ACM Winn gave the Consent Agenda highlights 19 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 4 of 13 00:31:10 Public Comment on Consent There were no comments on Consent. 00:32:30 Motion to approve Consent Items 1- 14 as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:32:38 Vote on the Motion to approve Consent Items 1- 14 as submitted.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G)Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Resolution 5510, Adoption of the Gran Cielo II Annexation, Annexing Approximately 81.468 acres and Adjacent Rights-of-Way, Application 22090 22090 GC II Resolution 5510.pdf 010 Gran Cielo II Annexation Exhibit - 24x36.pdf 00:33:05 Motion to approve Consent II as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:33:12 Vote on the Motion to approve Consent II as submitted.The Motion carried 4 - 1. Approve: Terry Cunningham 20 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 5 of 13 Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic H)Consent III: H.1 Ordinance 2148, Provisional Adoption, Establishing a Zoning Designation of R-4, Residential High-Density District, and R-3, Residential Moderate Density District, in Association with the Annexation of 81.468 Acres, the Gran Cielo II Annexation, Application 22090 22090 GC II Ordinance 2148.pdf 011 Gran Cielo II Zone Map Amendment Exhibit - 24x36.pdf 00:33:31 Motion to approve Consent III as submitted: Joey Morrison: Motion Jennifer Madgic: 2nd 00:33:37 Vote on the Motion to approve Consent III as submitted.The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic I)00:34:00 Public Comment 00:35:42 Angie Kociolek commented on the Kurk Street Urban Forest. 21 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 6 of 13 00:38:56 Marcia Kaveney commented on Kurk Street Forest. 00:42:28 Daniel Carty commented on the Aspen/Cottonwood grove and creek at Sundance Springs. 00:45:16 Matt Payne commented on the City Manager Video. 00:48:05 Paul Fisk, President of Sundance Springs HOA commented documents from the Master Plan. 00:50:52 Paul Quinn, commented on the Sundance Springs Appeal. 00:54:52 Martha Lonner commented on the Sundance Springs Appeal. 00:57:40 Martha Lonner commented on behalf of Terry Lonner, her husband on the Sundance Springs Appeal. 01:02:01 John Mills commented on the Sundance Springs Appeal. J)01:06:08 Action Items J.1 01:06:24 Cancellation of Public Hearing for Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 and R-5 on 81.468 Acres, the Baxter 80 Annexation, Application 23208 There was no public comment on the Cancellation 01:07:17 Motion to cancel the Public Hearing for Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 and R-5 on 81.468 Acres, the Baxter 80 Annexation, Application 23208 Jennifer Madgic: Motion Christopher Coburn: 2nd 01:07:54 Vote on the Motion to cancel the Public Hearing for Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R- 22 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 7 of 13 4 and R-5 on 81.468 Acres, the Baxter 80 Annexation, Application 23208 The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.2 01:08:20 Appeal 23214 of the Community Development Director's Conditional Approval of the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047 Quasi-Judicial 23214 Sundance Springs Appeal staff report.pdf 01:09:51 ACM Winn introduced the Sundance Springs Action Item. 01:10:42 Staff Presentation Development Review Manager (DRM) Brian Krueger, presented the Conditional Approval of Sundance Springs Subdivision, Sundance Springs Site Plan, App 22047, Issues on Appeal, Procedural Issues, Substantive Issues, Missing Final PUD File, The Surviving Record, Final Site Plan and Master Plan, Application of 2022 code vs. 1998 code, Parking, Block Frontage Standards, Public Notice, Public Comment, Recommended Motion, Conclusion. 01:43:26 Questions of Staff 02:41:42 Mayor Cunningham called the meeting into recess 02:49:00 Mayor Cunningham called the meeting back into order 02:49:27 Appellant Presentation Rob Ferris-Olsen, Legal Representative of Jeffrey Poole and Nancey Swanson, introduced Jeffrey Poole and the appeal at hand. 23 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 8 of 13 02:50:23 Jeffrey Poole presented the Appellant Presentation 03:46:08 Developer Presentation Michael Shriner, Owner briefly spoke, and turned the presentation over to Marlene Sadaj, Civil Engineer for Sundance Springs Development project who delivered the body of the presentation. Brian Gallick, lawyer, concluded the presentation. 03:57:02 Questions of the Developer 04:19:09 Mayor Cunningham extended the meeting to 10:30 04:19:56 Public Comment on Action Item J.2 04:19:59 Clemente Izruieta commented on the Sundance Springs Appeal 04:21:33 Larry Poole commented on the Sundance Springs Appeal 04:24:54 Al Zale commented on the Sundance Springs Appeal 04:26:07 Marjorie Jackson commented on the Sundance Springs Appeal 04:27:30 Ryan Foley commented on the Sundance Springs Appeal 04:28:36 Tim Swanson commented on the Sundance Springs Appeal 04:33:00 Nancy Swanson commented on the Sundance Springs Appeal 04:35:40 Jeffrey King commented on the Sundance Springs Appeal 04:39:34 Rebuttal by Staff Community Development Director (CDD) Chris Saunders, presented the Staff Rebuttal. DRM Brian Krueger, completed the Staff Rebuttal. 04:45:12 Rebuttal from the Appellant 24 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 9 of 13 Jeffrey Poole gave the appellant rebuttal, Kim Wilson, lawyer for appellant concluded the rebuttal. 04:50:45 Developer Rebuttal There was no Developer Rebuttal 04:51:02 Mayor Cunningham extended the meeting to 10:45 04:52:43 Questions restricted to the rebuttal. 04:52:52 Clarification by City Attorney Sullivan 04:56:28 Motion Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. Christopher Coburn: Motion Douglas Fischer: 2nd 04:57:00 Mayor Cunningham extended the meeting to 10:55 04:57:12 Discussion 05:12:50 Mayor Cunningham extended the meeting to 11:00 05:21:24 Mayor Cunningham extended the meeting to 11:10 05:27:07 Procedural Clarification of City Attorney Sullivan 05:28:43 Vote on the Motion Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move 25 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 10 of 13 to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. The Motion failed 1 - 4. Approve: Jennifer Madgic Disapprove: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer 05:29:00 Motion to overturn the decision the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1b Commercial lot 2 site plan application number 22047. Christopher Coburn: Motion Douglas Fischer: 2nd 05:29:26 Discussion 05:31:46 Vote on the Motion to overturn the decision the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1b Commercial lot 2 site plan application number 22047. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic J.3 Resolution 5584 Calling for an Election on the Question of Conducting a Local Government Review and Establishing a Study Commission Pursuant to Section 7- 3-171 through 7-3-193 of the Montana Code Annotated Bozeman Government Review History .pdf 26 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 11 of 13 Resolution 5584 for 2024 Government Review Process .pdf 05:32:17 Mayor Cunningham extended the meeting to 11:15 05:32:34 Motion to approve Continuing Local Ballot Study Commission Action Item to the March 5th Agenda. Douglas Fischer: Motion Joey Morrison: 2nd 05:33:00 Vote on the Motion to approve Continuing Local Ballot Study Commission Action Item to the March 5th Agenda.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.4 Planned Development Zone Requesting a Sustainability/Resilient Design on 41.97 Acres and Amendment of the City Zoning Map to Change Zoning from BP, Business Park District, to B-2, Community Business District, Application 23293 23293 MSUIC PPDZ Staff Report CC.pdf 05:34:10 Clarification by City Attorney Sullivan 05:35:00 Motion to continue Action Item J.4 Planned Development Zone requesting sustainability resilient design application 23293 to March 19th. Joey Morrison: Motion Jennifer Madgic: 2nd 05:35:19 Discussion 27 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 12 of 13 05:35:53 Vote on the Motion to continue Action Item J.4 Planned Development Zone requesting sustainability resilient design application 23293 to March 19th.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None K)05:36:26 FYI / Discussion L)05:36:33 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 on our Meeting Videos Page. ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: March 19, 2024 28 Bozeman City Commission Meeting Minutes, February 27, 2024 Page 13 of 13 29 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 5, 2024 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent:None Excused:None Staff Present at the Dais:Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A)00:20:39 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse 00:22:01 Reflection on Sgt. Nevada Krinkee that was killed in the line of duty in Sheridan, WY,and the anniversary of the loss of Tara Bowman in the downtown explosion. B)00:23:31 Pledge of Allegiance and a Moment of Silence C)00:24:09 Changes to the Agenda D)00:24:31 FYI DM Morrison highlighted his ride along the day prior with Lt. Richardson. Mayor Cunningham highlighted that ACM Peters' last meeting was last week and provided a note of appreciation; he also highlighted Fire Captain Joe Kitwoski's retirement. ACM Winn provided an update on a partnership with Western Transportation Institute and Bozeman School District 7 for a safe routes to school and 13 walking school bus events; short-term worker positions are open for hire and on March 27 from 12-6 p.m. there will be a hiring event. Mayor Cunningham provided information on the upcoming State of City addresses on March 18 at 12 p.m at the Emerson and March 20 at 6 p.m. at Fire Station 3. E)00:30:03 Commission Disclosures F)00:30:10 Consent F.1 Accounts Payable Claims Review and Approval F.2 Formal Cancellation of the March 12, 2024 Regular City Commission Meeting 30 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 2 of 10 F.3 Ratify City Attorney's Retainer of Jordan Crosby to Serve as Legal Counsel for the Board of Ethics Regarding Issues Related to the City Manager's Video Retainer Agreement F.4 Notice of Intent to Partner with Western Transportation Institute for Application to USDOT 2024 Rural Autonomous Vehicle Program F.5 Authorize the City Manager to sign the Notice of Award and contract documents, once received, for the City of Bozeman Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project to DN Tanks of Montana, LLC. Notice of Award_WRF Gravity Thickener Rehab_DN Tanks.pdf COB WRF 2024 Gravity Thickener Rehabilitation Project_Contract Documents.pdf F.6 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement for Digital Orthoimagery and Lidar Acquisition for the Purpose of Removing Additional Services From Contract Digital Orthoimagery and Lidar Acquistion_First PSA Amendment.docx Ayres_Bozeman Ortho and Lidar 2024_updated_021924.pdf F.7 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement for Materials Testing Term Contract with Morrison-Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2024 Construction Season PSA Amendment No 2.pdf 22- Professional Services Agreement - Morrison Maierle - Materials Testing.pdf F.8 Authorize the City Manager to Sign a Task Order Eight with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis of the 8 Aspen Tax Increment Financing (TIF) Assistance Request 24- Task Order 8- Baker Tilly - 8 Aspen.pdf F.9 Authorize the City Manager to Sign a Task Order Nine with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis for a Bozeman Block 104 Tax Increment Financing (TIF) Assistance Request 24- Task Order 9- Baker Tilly - Block 104.pdf F.10 Resolution 5562 Authorizing Change Order 1 with Allied Trenchless for the 2023 CIPP Projects Resolution 5562.doc 2022_CIPP_Projects_CO1_2-21-24 - Signed.pdf F.11 Resolution 5569 Modification of Special Improvement Lighting District 748 MSU Innovation Campus Resolution 5569- Modify SILD 748 -MSU Innovation Campus.doc F.12 Resolution 5575 Creation of Special Improvement Lighting District 784 North Park Development Resolution 5575-Creation of SILD 784.doc F.13 Resolution 5577 Modification of Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus Resolution 5577- Modify SILD 767-Bozeman Gateway Sub PUD Phase 4 (West Garfield Street).doc F.14 Resolution 5585 Authorizing the City Manager to Sign Change Order 1 for the Municipal Groundwater Test Wells Project with O'Keefe Drilling Company Resolution 5585_CO No. 1_Municipal Test Well_20240222.pdf Change Order No. 1_Municpal Test Well.pdf 31 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 3 of 10 00:30:11 Clarification of F.3 00:31:04 City Manager Introduction ACM Winn provided the highlights of the Consent Agenda. 00:32:05 Public Comment Mayor Cunningham opened the consent agenda for public comment. 00:32:43 Jena Reno commented asking for clarification on F.3. 00:34:24 Clarification of City Attorney 00:37:10 Motion to approve Consent items 1-14 as submitted. Joey Morrison: Motion Douglas Fischer: 2nd 00:37:21 Vote on the Motion to approve Consent items 1-14 as submitted.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G)00:37:44 Public Comment Mayor Cunningham opened general public comments. 00:38:55 Felix Spinelli commented on the City Manager video. H)00:42:06 Action Items H.1 00:42:08 Authorize Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich 02.29.2024 - Severance and General Release Agreement Mihelich_signed by J. Mihelich.pdf Mihelich_Employment_Agreement_and_2021_Amendment.pdf 00:42:21 Staff Presentation CA Sullivan presented a brief overview and summary of the agreement. 00:46:12 Questions of Staff 00:52:02 Public Comment Mayor Cunningham open this item for public comment. 32 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 4 of 10 00:52:18 Daniel Carty commented in support of the agreement. 00:53:26 Hillary Brown commented in support of an external investigation. 00:56:45 Jena Reno commented in opposition to the agreement. 00:59:25 Motion to authorize the Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich. Douglas Fischer: Motion Christopher Coburn: 2nd 00:59:38 Discussion 01:06:45 Vote on the Motion to authorize the Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None H.2 01:07:01 Resolution 5584 Calling for an Election on the Question of Conducting a Local Government Review and Establishing a Study Commission Pursuant to Section 7-3- 171 through 7-3-193 of the Montana Code Annotated Continued from February 27, 2024 Resolution 5584 for 2024 Government Review Process .pdf Bozeman Government Review History .pdf 01:07:39 Staff Presentation CC Maas presented the resolution, general information on a study commission, the scope of study commission recommendations, funding and estimated costs, a timeline of the process, recent history in Bozeman, and the question for the City Commission. 01:12:17 Questions of Staff 01:21:19 Public Comment Mayor Cunningham opened this item for public comments. 01:21:24 Daniel Carty spoke in support of the resolution. 01:22:21 Felix Spinelli commented in support of the resolution. 33 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 5 of 10 01:24:40 Motion to approve Having reviewed and considered the resolution, public comment, and staff presentation, I hereby move to approve Resolution 5584 calling for an election on the question of conducting a local government review and establishing a study commission pursuant to section 7-3-171 through 7-3-193 of the Montana Code Annotated. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:25:06 Discussion 01:30:20 Vote on the Motion to approve Having reviewed and considered the resolution, public comment, and staff presentation, I hereby move to approve Resolution 5584 calling for an election on the question of conducting a local government review and establishing a study commission pursuant to section 7-3-171 through 7-3-193 of the Montana Code Annotated.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None H.3 01:30:50 Growth Policy Amendment Application, the SRX North GPA, to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 17.485 Acres. The Property is Generally Located Between Arnold and Graf Streets and East of South 19th Avenue. This Application 23063 is Associated with a Separate Zone Map Amendment Request, see Application 23059 23063 SRX North GPA CC SR.pdf 23063 SRX North GPA Boundary.pdf 001 Narrative (1).pdf 01:31:42 Staff Presentation Senior Planner Tom Rogers presented the application to modify the Future Land Use Map (FLUM); he entered the staff report, applicant submittal and all public comment into the record. He presented the requested change from Urban Neighborhood to Community Commercial Mixed Use, an overview of the growth policy, the amendment criteria, the project site, FLUM designation and zoning designations in the area, a synopsis of staff analysis, a summary of noticing, public comments, and the recommendations. 01:49:15 Questions of Staff 02:17:01 Applicant Presentation Parker Lange, Providence Development, presented the application, and project background. 34 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 6 of 10 Tyler Steinway, Intrinsik Architecture, presented the subject site, additional projects in the area, existing FLUM and zoning designations, proposed FLUM and zoning designations, site design factors, Community Plan goals and objectives, growth policy approval criteria, and approximate project schedule. 02:27:26 Questions of Applicant 02:37:04 Public Comment Mayor Cunningham opened this item for public comments. 02:37:27 Allison Sweeney commented on the application. 02:40:55 Marcia Kaveney commented on the application. 02:43:44 Motion to deny Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to deny Application 23063, the SRX North Growth Policy Amendment. Jennifer Madgic: Motion Joey Morrison: 2nd 02:44:19 Discussion 03:06:30 Vote on the Motion to deny Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to deny Application 23063, the SRX North Growth Policy Amendment.The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Disapprove: Christopher Coburn 03:06:45 Clarification of Staff 03:08:31 Break Mayor Cunningham called the meeting into recess. 03:16:05 Call to Order Mayor Cunningham called the meeting back to order. H.4 03:16:10 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community 35 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 7 of 10 Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 Acres. Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the B-2M Portion of the Application 23059 SRX North ZMA(B-2M) CC SR.pdf 03:16:29 Applicant Withdrawal of the B-2M portion of the application H.5 03:17:14 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39,86 Acres. The Property is Located in the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the REMU Portion of the Application. 23059 SRX North ZMA(REMU) CC SR.pdf 03:17:55 Staff Presentation Associate Planner Elizabeth Cramblet entered the staff report, any public comment, and the applicant material into the record; she presented the subject site, ** nearby zoning in the area, distances to existing commercial uses, the zoning criteria of evaluation, a summary of notices, public comments, and the recommendations. 03:25:36 Questions of Staff 03:26:30 Applicant Presentation Parker Lange and Tyler Steinway presented the application, noted a deed-restricted affordable housing as a portion of the application, the location map, the community plan goals and objectives, the zoning criteria of approval, and proposed zoning. 03:29:19 Questions of Applicant 03:30:21 Public Comment There were no public comments on this item. 03:31:01 Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. Joey Morrison: Motion Douglas Fischer: 2nd 36 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 8 of 10 03:31:28 Discussion 03:36:22 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None I)03:36:36 Pending Business I.1 03:36:37 Tabled Motion Related to Initiation of Outside Investigation into the Conduct of the City Manager 03:37:00 Clarification of City Attorney 03:37:46 Public Comment There were no comments on this item. 03:38:16 Motion to remove agenda item I.1 from the table. Douglas Fischer: Motion Christopher Coburn: 2nd 03:38:26 Discussion 03:38:42 Vote on the Motion to remove agenda item I.1 from the table.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 03:39:04 Discussion 37 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 9 of 10 03:39:41 Vote on the Motion to request the City Attorney retain an outside investigator to conduct an investigation into the conduct of the City Manager as demonstrated by the statements made by the City Manager in the video from January 17, 2024,to determine the basis for the City Manager's comments and determine if other similar behavior and conduct has occurred. This investigation grants the authority to the investigator as provided for in Sec. 2.09 of the City Charter. The results of the investigation must be shared with the entire City Commission, if the City Manager does not resign by close of business on February 14, 2024.The Motion failed 0 - 5. Approve: None Disapprove: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer J)03:39:56 Appointments J.1 03:40:01 Appointments to the Urban Parks and Forestry Board Brandt Berube.pdf Donald Ulrich.pdf 03:40:10 Public Comment Mayor Cunningham opened this item for public comments. 03:40:38 Motion to appoint Donald Ulrich to the Urban Parks and Forestry Board to a term ending December 31, 2025, and Brandt Berube to a term ending December 31, 2024. Joey Morrison: Motion Douglas Fischer: 2nd 03:40:54 Vote on the Motion to appoint Donald Ulrich to the Urban Parks and Forestry Board to a term ending December 31, 2025, and Brandt Berube to a term ending December 31, 2024.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None K)03:41:51 FYI / Discussion 38 Bozeman City Commission Meeting Minutes, March 5, 2024 Page 10 of 10 L)03:42:02 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 19, 2024 39 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:March 19, 2024 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. Please provide approval for checks dated March 13, 2024 and March 20, 2024. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: March 13, 2024 40 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator SUBJECT:Authorize the City Manager to approve the Grant Agreement to Family Promise of Gallatin Valley MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to approve the Grant Agreement to Family Promise of Gallatin Valley STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Family Promise of Gallatin Valley (FPGV) is requesting $400,000 in financial support to purchase a comprehensive Emergency Shelter and Transitional Housing campus. The City's grant award will work in conjunction with the Gallatin Housing Trust fund. The acquisition of the property will allow FPGV to double the number of families sheltered while also making the shelter safer and improve the quality of programming. The campus will serve as an emergency shelter, transitional housing, and workforce housing. FPGV works to ensure family homelessness is brief and non-recurring. Over 80% of families FPGV works with are employed in Gallatin Valley, as preschool teacher, service industry employees, and construction workers. The new campus will allow for 10 families in transitional housing, which provides temporary shelter and support services for families who are experiencing homelessness or at risk of losing their housing. It will also allow for 14 families in workforce housing, which offers affordable and accessible housing for low- to moderate-income workers who are essential to the local economy and community. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:Grant funds in the amount of $400,000 will be appropriated from the Community Housing Program FY 2024 budget. 41 Attachments: Family Promise Grant Agreement 03.19.24.pdf Exhibit A - Family Promise Grant Proposal 03.19.24.pdf Family Promise Restrictive Covenants 03.19.24.pdf Report compiled on: January 24, 2024 42 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus GRANT AGREEMENT Family Promise of Gallatin Valley THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Family Promise of Gallatin Valley, a non- profit organization located at 1603 Tschache Lane, Bozeman, Montana 59718 as GRANTEES. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, Family Promise of Gallatin Valley submitted a proposal to the City Commission for a grant of $400,000 to support the purchase real property in order to establish a comprehensive Emergency Shelter and Transitional Housing campus (the “Project”) that would benefit from the City funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community with a comprehensive Emergency Shelter and Transitional Housing campus; and WHEREAS, on March 19, 2024, the Commission appropriated $400,000 for the Project. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to four-hundred thousand dollars ($400,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 3. 2. Use of Grant Funds. Grant funds in the amount of four-hundred thousand dollars ($400,000) will be used by GRANTEE for the sole purpose of providing funding to purchase real property to support the Project) which will include ten (10) Family Shelter units, nine (9) Workforce Housing units, and ten (10) Transitional Housing units, as described in the proposal submitted by Grantee to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. As a condition of this Grant, Grantee agrees to entered into a restrictive covenant on the real property located at 100 Discovery Way and 20 Cornerstone Drive in Bozeman, ensuring these units remain affordable for a minimum of 30 years. 43 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus 3. Payment of Grant Funds a. Grantee may request the Grant funds during the fiscal year ending June 30, 2024, as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Any funds from the Grant not awarded during the fiscal year ending June 30, 2024, will remain in the City’s Community Housing Fund and will be available for other appropriation. c. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 4. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect Grantee’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other 44 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases, or information for public dissemination without prior approval of the City. 6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 7. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8. Default and Termination. a. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. b. If the real property at 100 Discovery Way and 20 Cornerstone Drive in Bozeman where the Project is located is sold on or before ten (10) years from the date of the Agreement, the Grantee must inform the City of the sale and must return the grant funds of $400,000 to the City. The Bozeman City Commission, in its sole discretion, may forgive payment, accept a lessor amount, or permit any other alternative or relief in lieu of the repayment requirement. 45 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus 9. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall Melissa Hodnett, Finance Director, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Robin Mayer or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify, and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third-party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 46 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; 47 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 12. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 13. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting 48 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 14. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 15. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 16. 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 49 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 17. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 18. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 19. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 20. 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. 21. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 22. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 23. 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. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, Acting City Manager City of Bozeman _______________________ Date: __________ 50 FY 2024 Family Promise Grant Agreement – Emergency Shelter and Transitional Housing Campus Print name and Title: ___________________________ Robin Mayer, Development Director Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 51 Bozeman Non-profit Grant Award Submission #: 2435800 IP Address: 69.145.95.205 Submission Date: 05/15/2023 1:28 PM Survey Time: 19 minutes, 54 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and can be viewed after you login. Read-Only Content Entity Name Family Promise of Gallatin Valley Entity's Physical Address 1603 Tschache Lane Bozeman,MT 59718 Number of Years of Operation as a Non-Profit Organization 18 Link to Most Recent Annual Financial Report https://www.familypromisegv.org/_files/ugd/1c23dd_ef1f47b77e864e8594a365f357a63249.pdf Dollar Amount Requested for the Fiscal Year $400,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Family Promise of Gallatin Valley (FPGV) seeks $400,000 in financial support to purchase a comprehensive Emergency Shelter and Transitional Housing campus. FPGV has been preapproved by Opportunity Bank to purchase the facility for $7.25 million. This funding will be a gap loan that FPGV will work to pay off with numerous funding sources. The City’s award of $400,000 will work in conjunction with the Gallatin Housing Trust fund for the required 25% down payment at closing. The acquisition of the Bible College allows FPGV to double the numbers of families we shelter while making shelter safer and improving the quality of programming. This campus will serve as emergency shelter, transitional housing, and work force housing. FPGV works to ensure family homelessness is brief and non-recurring. Over 80% of the families we work with are employed in the Gallatin Valley, as preschool teachers, within the service industry, and in construction. The City Commission has made affordable housing a top priority, as it impacts the well-being and economic growth of the whole community. Our new campus is aligned with the City’s strategic plan and community housing action plan that seek to expand the supply of quality homes for different housing needs. DEIA inform our work, policies, and procedures. We have anonymous reporting and invest in training and learnings opportunities. We operate with honest internal dialogue, encouraging staff and board members to reflect, and listen to and learn from each other. The Community Plan encourages other forms of "missing middle" housing. Our campus will allow for 10 families in transitional housing, which provides temporary shelter and support services for families who are experiencing homelessness or at risk of losing their housing. It will also allow for 14 families in workforce housing, Exhibit A 52 which offers affordable and accessible housing for low- to moderate-income workers who are essential to the local economy and community. • The project will have at least 19 units of housing that is affordable per HUD standards to households making at or below 60% AMI. • Currently $1,105 (Studio); $1,263 (1-bedroom); $1,420 (2-bedroom) • The affordability will be ensured by a restrictive covenant placed on the property for a 30 year term (standard term for our affordable housing projects). • If the project is sold prior to 10 years from the date of the agreement, Family Promise must return the grant amount unless an alternative is approved by the City Commission. Read-Only Content Name #1 Gianforte Family Foundation Amount $ 1,000,000 Name #2 Opportunity Bank Amount $ 7,250,000 Name #3 MT Healthcare Foundation Amount # 100,000 Read-Only Content Full Name Robin Mayer Phone (406) 312-9805 Email Address rmayer@familypromisegv.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 53 Declaration of Restrictive Covenants 1 Original to: City of Bozeman Attn: City Clerk PO Box 1230 Bozeman, MT 59771-1230 DECLARATION OF RESTRICTIVE COVENANTS This Declaration is made this _____ day of ______________, 20__ Family Promise of Gallatin Valley, a non-profit organization located at 1603 Tschache Lane, Bozeman, Montana 59718 (“Declarant”). RECITALS A. Declarant owns certain real properties located 100 Discovery Way and 20 Cornerstone Drive, Bozeman, Montana 59718, collectively referred to as the “Property” and more particularly described as follows: Parcel I: Lot 4 of the final plat of Genesis Business Park subdivision, Gallatin County, Montana, according to the official plat thereof on file and of record in the plat office of the County Clerk and Recorder of Gallatin County, Montana. Parcel II: Lot 5A of the amended plat of lot 5 and lot 6 of Genesis Business Park subdivision, Gallatin County, Montana, according to the official plat thereof on file and of record in the plat office of the County Clerk and Recorder of Gallatin County, Montana. B. It is the intent of the Declarant to meet the conditions of the Grant Agreement (the “Agreement”), dated as of [________], by and among Family Promise of Gallatin County (“Family Promise of Gallatin Valley”), the City of Bozeman, Montana (the “City”), and 54 Declaration of Restrictive Covenants 2 Declarant, in relation to the development of the Family Promise of Gallatin Valley project (the “Project”) on the Property; and C. Declarant agrees that it receives a significant benefit from the Grant Agreement, as Christel Chvilicek or such other individual as Family Promise of Gallatin Valley shall designate in writing; and D. To satisfy the requirements of the Grant Agreement, the Declarant desires to place covenants, conditions and restrictions upon the Property for the use and benefit of Declarant, Family Promise of Gallatin Valley and the City. NOW, THEREFORE, Declarant hereby declares: 1. Provision of Income Restricted Housing. a. Declarant agrees to provide an emergency shelter and transitional housing campus which will include ten family shelter units, nine workforce housing units, and ten transitional housing units (the “Affordable Units”) in the Project will be restricted for a period not less than 30 years for use as housing affordable to households with incomes equal to 60% of the area median income (“AMI”), as reported annually for single persons and households of various sizes by the United States Department of Housing and Urban Development, or by any successor United States Government department, agency, or instrumentality, for the Primary Metropolitan Statistical Area which includes the City. b. If the Property is sold on or before ten (10) years from the date of the Agreement, the Grantee must inform the City of the sale and must return the grant funds of $400,000 to the City. The Bozeman City Commission, in its sole discretion, may forgive payment, accept a lessor amount, or permit any other alternative or relief in lieu of the repayment requirement. 2. Prohibition on Use as Short Term Rentals. The Affordable Units are prohibited from being used, rented, or made available as short-term rentals, as the term is defined in the Bozeman Municipal Code. 3. Term. This Declaration shall remain in place and be enforceable for a term of 30 years from the date hereof and shall inure to the benefit of Declarant, each owner of property, the City, and their respective legal representatives, heirs, successors, or assigns, subject to the right of amendment provided herein. 4. Amendment. This Declaration may not be amended without the prior written approval of the Bozeman City Commission. Any amendment shall become effective only upon the filing of such amendment in the records of the Clerk and Recorder of Gallatin County, Montana. 5. Enforcement. The Declarant, the City, or any owner of real property within the Property may take action to enforce the provisions of this Declaration. Enforcement may be by injunction, declaratory judgment, action for damages, or any other legal claims, all of which shall be cumulative and non-exclusive. The prevailing party in any action shall be entitled to recover, 55 Declaration of Restrictive Covenants 3 in addition to other damages, its reasonable litigation expenses, including attorney’s fees, as may be awarded in the judgment of the court. 6. Covenants to Run with the Land. The Declarant intends that the terms of this Declaration shall with the land and shall continue in effect with respect to the entire Property notwithstanding any partition or division of the Property. 7. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 8. Choice of Law and Venue. This Declaration of Covenants, Conditions, and Restrictions shall be governed by the laws of Montana and venue shall be in Gallatin County, Montana. IN WITNESS WHEREOF the DECLARANT has signed this instrument and arranged for its recordation in the real property records of Gallatin County, Montana. FAMILY PROMISE OF GALLATIN VALLEY By:_______________________________________ Title:_____________________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) This instrument was signed or acknowledged before me on _________________ by ___________, as ______________ of ____________________. ____________________________________ (NOTARIAL SEAL) Printed Name:________________________ Notary Public for the State of ___________ Residing at __________________________ My commission expires ________________ 56 Declaration of Restrictive Covenants - 4 - Acknowledged by: CITY OF BOZEMAN ____________________________________ By: Chuck Winn, Acting City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) This instrument was signed or acknowledged before me on _______________ by Chuck Winn and Mike Maas, acting in the capacities of Acting City Manager and City Clerk, respectively, of the City of Bozeman, Montana. ____________________________________ (NOTARIAL SEAL) Printed Name:________________________ Notary Public for the State of ___________ Residing at __________________________ My commission expires ________________ 57 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner/Historic Preservation Officer Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Authorize the Mayor to Sign a Certified Local Government Grant Agreement for 2024-2025 cycle with the Montana State Historic Preservation Office. MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Mayor to Sign a Certified Local Government Grant Agreement for 2024-2025 cycle with the Montana State Historic Preservation Office. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This is a consent item for the Mayor's signature on the Bozeman Certified Local Government grant agreement for 2024-2025 cycle with the Montana State Historic Preservation Office. The grant award is $6,000 and requires a 60/40 match. The $6,000 grant match award has historically supported historic preservation outreach, architectural survey and education programming. As an agreement of the contract, historic preservation planning staff submits a report biannually to the Montana State Historic Preservation Office, detailing activities of the Historic Preservation Board and the how the funds have been used. The City applied for this grant application on February 13, 2024 and the State Historic Preservation Office sent over the agreement on February 15, 2024. The agreement goes into affect on April 1, 2024 if signed by the mayor. The City of Bozeman has been designated as a Certified Local Government (CLG) since 1991 by the State Historic Preservation Office in partnership with the National Park Service under the National Historic Preservation Act. The CLG program certifies local governments with historic preservation programs, provides technical preservation assistance, and annually dedicates 10% of the SHPO’s federal funding to communities that are designated a CLG. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission 58 FISCAL EFFECTS:Annual grant award of $6000. The grant award is a matching grant and would require the City of Bozeman to provide $3600. The City match is provided through the funding of the Historic Preservation Officer position and requires no additional funding. Attachments: MT-24-012_CLG_Bozeman.pdf Report compiled on: March 7, 2024 59 STATE OF MONTANA AGREEMENT MT-24-012, Page 1 STATE OF MONTANA AGREEMENT MT-24-012 This Grant Agreement (the “Agreement”) is hereby made between City of Bozeman, 20 East Olive Street, Bozeman, MT 59715, UEI No. EEAPKALAEM35 (the "Subgrantee") and the Montana State Historic Preservation Office (SHPO), Montana Historical Society (MHS), 225 North Roberts, PO Box 201202, Helena, Montana 59620-1202 (the "Grantor" or the “State”). Liaison for the Subgrantee is Sarah Rosenberg, the Historic Preservation Officer (HPO). Liaison for the Grantor is Kate Hampton, Community Preservation Coordinator. The State expects to be awarded grant monies from the U.S. Department of the Interior, the National Park Service under the Historic Preservation Fund for the federal grant period beginning October 1, 2023, and ending September 30, 2026. The funding for this agreement is provided by this award, CFDA number 15.904, Historic Preservation Fund Grants-In-Aid. The Federal Award Identification Number assigned by the National Park Service is yet to be determined. The two parties, in consideration of mutual covenants and stipulations described below, agree as follows: 1. EFFECTIVE DATE, DURATION, AND RENEWAL This Agreement shall take effect on April 1, 2024, and shall terminate on March 31, 2025, unless a new termination date is set or the Agreement is terminated as provided in this Agreement. Total payments by the Grantor for all purposes under this Agreement shall not exceed $6000.00. In the event that the Grantor does not receive full funding from the National Park Service (NPS), the total grant award may be reduced, as outlined in “The Montana Certified Local Governments Manual.” Payment shall be made on a reimbursement basis by request of Subgrantee to the Grantor. In no event is this Agreement binding on the State unless the State’s authorized representative has signed it. Any legal counsel signature approving legal content of the Agreement and any procurement officer signature approving the form of the Agreement do not constitute an authorized signature. 2. SERVICES AND/OR SUPPLIES The Subgrantee shall: 1. Maintain an active Historic Preservation Commission (HPC) that will advocate for preservation, assist the HPO to accomplish preservation goals, and fill vacancies on the HPC promptly. 2. Participate in and carry out the responsibilities for Certified Local Government (CLG) program status as outlined in "The Montana Certified Local Government Manual.” 3. Ensure historic preservation concerns are considered at all levels of local government planning and are incorporated as goals of other local, state, and federal projects. 4. Administer local preservation ordinances. 5. Designate a minimum half-time designated Historic Preservation Officer (HPO) who demonstrably plays an active and consistent role in the conduct of the Subgrantee’s historic preservation activities. On behalf of the Subgrantee it is the role of HPO to conduct these activities and/or work with the HPC to: a. Regularly report on HPC activities at local government Commission meetings and be available for comment to these groups and other local government offices; b. Provide technical assistance, direction, and/or literature on historic preservation tax credits, National Register, federal regulations, and Secretary of Interior Standards; c. Evaluate historic properties for potential and feasible reuse and rehabilitation; d. Coordinate, promote, and participate in events such as National Historic Preservation Month and/or other preservation related activities; e. Cooperate and communicate with the Grantor and fellow HPOs/HPCs in Montana and elsewhere as appropriate; and f. Submit Semi-Annual Progress Reports, meeting minutes, and financial reports per deadlines outlined in this agreement. In the Final Progress Report, the HPO will identify the benefits the local government has derived as a result of the employment of a HPO, the needs of the local government 60 STATE OF MONTANA AGREEMENT MT-24-012, Page 2 for future professional preservation efforts, and any additional functions of the HPO carried out which further the understanding and implementation of historic preservation values and objectives in the local government. 6. Send at least one (1) person from the CLG to SHPO-approved training. The attendee shall attend the entire training and report back to their HPC. All work completed under this funding Agreement must meet the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as interpreted by the Grantor. Final products or services that do not fulfill the requirements of this Agreement, and do not comply with the appropriate Secretary of the Interior's Standards, will not be reimbursed, and any advance payments made in connection with such products or services must be repaid to the Grantor. 3. CONSIDERATION/PAYMENT 3.1 Payment Schedule. In consideration of services rendered in this Agreement, the Grantor agrees to pay the Subgrantee as follows: 1. The Subgrantee agrees to submit Semi-Annual Progress Reports, meeting minutes, and Requests for Reimbursement. Reports will be accompanied by the following documentation: a. The Subgrantee's name, address, and Agreement Number MT-24-012; b. A report discussing the work completed during the reporting period. Include meeting agendas and minutes; c. An itemized listing of cash or in-kind donations that comprise the non-federal match; d. An itemized listing of project expenses that are charged to the federal grant. If indirect costs (IDC) are claimed for reimbursement (or match), the IDC rate must be in accordance with 2 CFR Part 200.414. A copy of the IDC approval letter from the Cognizant agency must be submitted to the Grantor and approved prior to any reimbursement; e. Receipts, invoices, and/or financial reports sufficient to document each expenditure; f. The net request for payment (reimbursement); and g. Products produced during the reporting period. 2. All Requests for Reimbursement must be approved by the Grantor prior to payment. Payment for work completed under this Agreement may be withheld pending the delivery and acceptance of such items. All Subgrantees must retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of three (3) years or until an acceptable audit (accessible by auditors) has been performed and all claims and audit findings involving the records have been resolved. The 3-year retention period starts from the date of the submission of the final report. A final Request for Reimbursement must be submitted within thirty (30) days of the termination of this Agreement to qualify for payment. 3. All Requests for Reimbursement will be reviewed for eligibility and allowability under Chapters 12, 13, and 14 of the NPS Historic Preservation Fund Manual and the Montana Certified Local Governments Manual. The Subgrantee may request a copy of the Montana Certified Local Governments Manual from the Grantor and the Historic Preservation Fund Manual is available for inspection at the SHPO. 4. The Subgrantee shall, at minimum, provide documentation detailing a 60:40 federal to non-federal match ratio. In order to receive the full grant award of $6000.00, the minimum dollar amount of match necessary to be provided by the Subgrantee is $4000.00 in matching in-kind services or cash. In the event that the grant award is reduced, the match requirement would be reduced proportionally. Requests for Reimbursement require the same 60:40 documentation relative to the amount requested. The accepted Grant Application, reviewed and approved by the Grantor, provides an estimation of sources and amounts of matching funds from the Subgrantee. 5. The Grantor may retain final payment of federal grant funds until such time as the approved project work has been successfully completed and all conditions of this Agreement have been met. 61 STATE OF MONTANA AGREEMENT MT-24-012, Page 3 3.2 Payment Terms. Unless otherwise noted in the solicitation document, the State has thirty (30) days to pay invoices, as allowed by 17-8-242, MCA. The Subgrantee shall provide banking information at the time of Agreement execution in order to facilitate the State’s electronic funds transfer payments. 3.3 Reference to Agreement. The Agreement Number MUST appear on all invoices, packing lists, packages, and correspondence pertaining to the Agreement. If the number is not provided, the State is not obligated to pay the invoice. 4. ACCESS AND RETENTION OF RECORDS 4.1 Access to Records. The Subgrantee shall provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine Agreement compliance. The State may terminate this Agreement under Section 20, Severability, without incurring liability, for the Subgrantee’s refusal to allow access as required by this section (18-1-118, MCA). 4.2 Retention Period. The Subgrantee shall create and retain all records supporting the services rendered for a period of eight (8) years after either the completion date of this Agreement or termination of the Agreement. 5. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING The Subgrantee may not assign, transfer, or subcontract any portion of this Agreement without the State's prior written consent (18-4-141, MCA). The Subgrantee is responsible to the State for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Subgrantee. No contractual relationships exist between any subcontractor and the State under this Agreement. 5.1 The Subgrantee agrees that the procurement of services, supplies, equipment, and construction will be obtained efficiently and economically and in compliance with the applicable federal laws, and of 2 CFR Part 200.317 through 200.326, and Chapter 17 of the Historic Preservation Fund Manual. 5.2 The process for the selection of subcontractors to perform the services under this Agreement, regardless of whether by competitive bidding or negotiated procurement shall be conducted in a manner that provides maximum open and free competition. Procurement procedures shall not restrict or eliminate competition. Examples of what is considered to be restrictive of competition include but are not limited to: (1) placing unreasonable requirements on firms or individuals in order for them to qualify to do business, (2) noncompetitive practices between firms, (3) organizational conflicts of interest, and (4) unnecessary experience and bonding requirements. 5.3 Competitive bidding or negotiated procurement is required for all survey and planning subcontracts. Proposals shall be requested from an adequate number of sources (at least two or three sources) to permit reasonable competition. The Request for Proposals shall be publicized and reasonable requests by other sources to compete shall be honored to the maximum extent practicable. The Request for Proposals shall identify the survey or planning area, population, number of properties to be inventoried, funds available and volunteer support (if applicable). The Subgrantee shall document in writing the evaluation criteria used and the results of the technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for subcontract award. Subcontractors shall be selected on the basis of qualification, subject to negotiation of fair and reasonable compensation. Unsuccessful offerors shall be notified promptly. A copy of documentation of the selection process will be submitted to the Grantor prior to the initiation of the project. 5.4 Non-competitive negotiation may be used with prior written approval from the Grantor when, after the solicitation in accordance with Section 5.3 above, competition is determined inadequate. 5.5 The Subgrantee will notify the Grantor upon the selection of a subcontractor. The Subgrantee will verify subcontractor is not on the debarred list. A copy of this contract will be submitted to the Grantor for review and written approval prior to its execution. 5.6 Prior to the beginning of project work or any grant payment, the Subgrantee must submit to the Grantor the below listed items to demonstrate that the federal procurement requirements have been met in full: 62 STATE OF MONTANA AGREEMENT MT-24-012, Page 4 a. Copies of the letters to qualified sources and public advertisements requesting proposals and/or invitations to bid; b. Copy of the Subgrantee documentation of the selection criteria and process; c. A copy of the successful proposal and a description of the Subgrantee reasons for selection; d. Listing of the unsuccessful offerors; and e. Copy of the proposed contract between the Subgrantee and the subcontractor. Note: The Grantor must review and approve all contracts between the Subgrantee and subcontractors prior to their execution. The parties agree that there will be no assignment or transfer of this Agreement or any interest in the Agreement and that no service required under this Agreement may be performed under subcontract unless both parties agree in writing. 6. EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Sections 49-2-303 and 49-3-207, MCA, and the federal Civil Rights Act of 1964 (as amended), and Equal Employment Opportunity statute, in all hiring or employment made possible by or resulting from this Agreement, the Subgrantee: 1) will not discriminate against any employee or applicant for employment because of race, color, social condition, religion, sex, age, national origin, marital status, creed, political affiliation, or physical or mental handicap; and 2) will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. This requirement applies to, but is not limited to, the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee will comply with all applicable statutes and Executive Orders on Equal Employment Opportunity, including enforcement provisions, as implemented by, but not limited to, Department of the Interior policies, published in 43 CFR 17. 7. FAIR LABOR STANDARDS The Subgrantee agrees to comply with all federal and state wage and hour rules, statutes, and regulations, and warrants that all applicable federal and state fair labor standards and provisions will be complied with both by the Subgrantee and any subcontractors, in the event that subcontracted services are employed to fulfill the terms and conditions of this Agreement are agreed upon by the Grantor and the Subgrantee. 8. PROHIBITION AGAINST LOBBYING The Subgrantee must conform to provisions of 18 USC 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, November 2, 2002: "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this Section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter–intelligence, intelligence, or national security activities. Violations of this Section shall constitute violations of Section 1352(a) of title 31. In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply." Thus, costs associated with activities to influence legislation pending before Congress, commonly referred-to as “lobbying" is unallowable under this Agreement. 63 STATE OF MONTANA AGREEMENT MT-24-012, Page 5 9. HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by law, the Subgrantee shall indemnify and hold harmless the State, its elected and appointed officials, officers, agents, directors, and employees from and against all claims, damages, losses, and expenses, including the cost of defense thereof, to the extent caused by or arising out of the Subgrantee’s negligent acts, errors, or omissions in work or services performed under this Agreement, including but not limited to, the negligent acts, errors, or omissions of any subcontractor or anyone directly or indirectly employed by any subcontractor for whose acts the subcontractor may be liable. 10. COMPLIANCE WITH WORKERS' COMPENSATION ACT The Subgrantee shall comply with the provisions of the Montana Workers' Compensation Act while performing work for the State of Montana in accordance with 39-71-401, 39-71-405, and 39-71-417, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. Neither the Subgrantee nor its employees are State employees. This insurance/exemption must be valid for the entire Agreement term. Upon expiration, a renewal document must be sent to the State Procurement Bureau, P.O. Box 200135, Helena, MT 59620-0135. 11. COMPLIANCE WITH LAWS The Subgrantee shall, in performance of work under this Agreement, fully comply with all applicable federal, state, or local laws, rules, and regulations, including but not limited to: 11.1 The Montana Human Rights Act, Executive Order 11246 (as amended), the Equal Pay Act of 1963, Title VI of the Civil Rights Act of 1964 (as amended) (78 Stat. 252; 42 U.S.C. §§2000d et seq.), and the Americans with Disabilities Act of 1990, and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. 11.2 In accordance with 49-3-207, MCA, and Executive Order No. 04-2016, the Subgrantee agrees that the hiring of persons to perform this Agreement will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status by the persons performing this Agreement. 11.3 The Subgrantee will comply Title V, Section 504 of the Rehabilitation Act of 1973 (as amended) (87 Stat. 394; 29 U.S.C. §794) which provides that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 11.4 The Subgrantee will comply with the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.) prohibiting discrimination on the basis of age in programs and activities receiving federal Financial assistance. 11.5 The Subgrantee is the employer for the purpose of providing healthcare benefits and paying any applicable penalties, fees, and taxes under the Patient Protection and Affordable Care Act (P.l. 111-148, 124 Stat. 119). Any subletting or subcontracting by the Subgrantee subjects subcontractors to the same provisions. 11.6 Minority Business Enterprise Development: Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Grant Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. 11.7 The Subgrantee will comply with Paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000 (as amended) and those award terms put forth in 2 CFR §175.15 https://www.gpo.gov/fdsys/pkg/CFR-2012-title2-vol1/pdf/CFR-2012-title2-vol1-sec175-15.pdf. 64 STATE OF MONTANA AGREEMENT MT-24-012, Page 6 11.8 The Subgrantee will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). 11.9 Debarment and Suspension (Executive Orders 12549 and 12689)—the Subgrantee may not be, nor subcontract with, parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additional Indemnification. Claims under this provision also include those arising out of or in any way connected with the Subgrantee's breach of this Agreement, including any claims asserting that any of the Subgrantee's employees are actually employees or common law employees of the State or any of its agencies, including but not limited to excise taxes or penalties imposed on the State under Internal Revenue Code (“Code”) §§ 4980H, 6055, or 6056. The Subgrantee agrees to comply with all federal and state wage and hour rules, statutes, and regulations, and warrants that all applicable federal and state fair labor standards and provisions will be complied with both by the Subgrantee and any subcontractors, in the event that subcontracted services are employed to fulfill the terms and conditions of this Agreement are agreed upon by the Grantor and the Subgrantee. 12. DISABILITY ACCOMMODATIONS The State does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need aids, alternative document formats, or services for effective communications or other disability related accommodations in the programs and services offered are invited to make their needs and preferences known to this office. Interested parties should provide as much advance notice as possible. 13. TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED The Subgrantee acknowledges that no state funds may be expended for the purchase of information technology equipment and software for use by employees, program participants, or members of the public unless it provides blind or visually impaired individuals with access, including interactive use of the equipment and services, that is equivalent to that provided to individuals who are not blind or visually impaired (18-5-603, MCA). Contact the State Procurement Bureau at (406) 444-2575 for more information concerning nonvisual access standards. 14. REGISTRATION WITH THE SECRETARY OF STATE Any business intending to transact business in Montana must register with the Secretary of State. Businesses that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtain the guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665 or visit their website at http://sos.mt.gov. 15. MODIFICATIONS AND PREVIOUS AGREEMENTS 15.1 This instrument contains the entire Agreement between the parties, and no previous statements, promises, or inducements made by either party or agent of either party which are not contained in this written agreement shall be valid or binding. This Agreement may not be enlarged, modified, or altered except in writing signed by the parties and attached to the original of this Agreement, except as provided under Section 20. No change, addition, or erasure of any printed portion of this Agreement shall be valid or binding upon either party. 65 STATE OF MONTANA AGREEMENT MT-24-012, Page 7 15.2 Any changes that substantially alter the scope of work or the cost of the approved project must be submitted by the Subgrantee as a project amendment. These amendments must have prior written approval from NPS before the change is implemented. Change orders will be treated as amendments. The Subgrantee must consult with the Grantor to review the proposed change to determine if it substantially alters the scope of work or the cost of the approved project. If the Grantor determines the change to be substantial, the Grantor will process the amendment through NPS. Failure of the Subgrantee to notify the Grantor of any such changes may be construed as just cause for revocation and/or recovery of the grant funds by the Grantor. 16. CONFLICT OF INTEREST No officer or employee of the MHS or member of the MHS Board or State Historic Preservation Review Board and no member of the Subgrantee's governing body at localities in which the project is situated or being carried out who exercises any functions or responsibilities, or who enjoys a position of influence in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects their personal or pecuniary interest. The Subgrantee agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 17. INTELLECTUAL PROPERTY/OWNERSHIP 17.1 Mutual Use. The Subgrantee shall make available to the federal government and the State, on a royalty-free, non-exclusive basis, all patent and other legal rights in or to inventions first conceived and reduced to practice or created in whole or in part under this Agreement, if such availability is necessary for the State to receive the benefits of this Agreement. Unless otherwise specified in a statement of work, both parties shall have a royalty-free, non-exclusive, and irrevocable right to reproduce, publish, or otherwise use copyrightable property created under this Agreement. This mutual right includes (i) all deliverables and other materials, products, modifications that the Subgrantee has developed or prepared for the State under this Agreement; (ii) any program code, or site- related program code that the Subgrantee has created, developed, or prepared under or primarily in support of the performance of its specific obligations under this Agreement; and (iii) manuals, training materials, and documentation. All information described in (i), (ii), and (iii) is collectively called the "Work Product". 17.2 Title and Ownership Rights. The State retains title to and all ownership rights in all data and content, including but not limited to multimedia or images (graphics, audio, and video), text, and the like provided by the State (the "Content"), but grants the Subgrantee the right to access and use Content for the purpose of complying with its obligations under this Agreement and any applicable statement of work. 17.3 Ownership of Work Product. The Subgrantee shall execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State's ownership of any Work Product. 17.4 Copy of Work Product. The Subgrantee shall, at no cost to the State, deliver to the State, upon the State's request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of the State's request, or such expiration or termination. 17.5 Ownership of Subgrantee Pre-Existing Materials. The Subgrantee retains ownership of all literary or other works of authorship (such as software programs and code, documentation, reports, and similar works), information, data, intellectual property, techniques, subroutines, algorithms, methods, or related rights and derivatives that the Subgrantee owns at the time this Agreement is executed or otherwise developed or acquired independent of this Agreement and employed by the Subgrantee in connection with the services provided to the State (the "Subgrantee Pre-existing Materials"). Subgrantee Pre-existing Materials are not Work Product. The Subgrantee shall provide full disclosure of any Subgrantee Pre-Existing Materials to the State before its use and to prove its ownership. If, however, the Subgrantee fails to disclose to the State such Subgrantee Pre-Existing Materials, the Subgrantee shall grant the State a non-exclusive, worldwide, paid-up license to use any Subgrantee Pre-Existing Materials embedded in the Work Product to the extent such 66 STATE OF MONTANA AGREEMENT MT-24-012, Page 8 Subgrantee Pre-Existing Materials are necessary for the State to receive the intended benefit under this Agreement. Such license shall remain in effect for so long as such Pre-Existing Materials remain embedded in the Work Product. Except as otherwise provided for in Section 17.3, Ownership of Work Product, or as may be expressly agreed in any statement of work, the Subgrantee shall retain title to and ownership of any hardware it provides under this Agreement. 18. PATENT AND COPYRIGHT PROTECTION 18.1 Third-Party Claim. If a third party makes a claim against the State that the products furnished under this Agreement infringe upon or violate any patent or copyright, the State shall promptly notify the Subgrantee. The Subgrantee shall defend such claim in the State's name or its own name, as appropriate, but at the Subgrantee's expense. The Subgrantee shall indemnify the State against all costs, damages, attorney fees, and all other costs and expenses of litigation that accrue as a result of such claim. If the State reasonably concludes that its interests are not being properly protected, or if principles of governmental or public law are involved, it may enter any action. 18.2 Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then the Subgrantee may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State will determine whether the Agreement has been breached. 18.3 Except as otherwise provided in the terms and conditions of the grant Agreement, the Subgrantee is free to copyright any books, publications, or other copyrightable materials developed as a result of this Agreement. However, any such copyrightable materials will be subject to a royalty-free, non-exclusive, and irrevocable license throughout the work to the Grantor and/or the United States government to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. 18.4 Any materials produced as a result of this Agreement which are to be publicly distributed, shall include the following statement: “The (activity) that is the subject of this (type of publication) has been financed (in part/entirely) with Federal funds from the National Park Service, U.S. Department of Interior, and administered by the SHPO of Montana. The contents and opinions do not necessarily reflect the views or policies of the U.S. Department of the Interior or the Montana Historic Preservation Office, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or SHPO.” 18.5 Publications must include the nondiscrimination statement: “This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: The Office for Equal Opportunity National Park Service 849 C Street, N.W. Washington, D.C. 20240” 18.6 The Subgrantee shall not include in the materials produced as a result of this Agreement any copyrighted matter without the written approval of the copyright owner that provided SHPO and the United States government with written permission to use the material in the manner provided herein. 67 STATE OF MONTANA AGREEMENT MT-24-012, Page 9 19. AUDITING The Subgrantee agrees to allow access to the records of the activities covered by this Agreement as may be necessary for legislative post audit and analysis purposes in determining compliance with the terms of this Agreement. The Grantor shall maintain all administrative and fiscal records relating to this project for three (3) years after the final grant reimbursement is made by the Grantor to the Subgrantee. Notwithstanding the provisions of Section 20, this Agreement shall automatically terminate upon any refusal of the Subgrantee to allow access to records necessary to carry out the legislative post audit and analysis functions set forth in Title 5, Chapter 12 and 13, MCA, and the financial and programmatic audit conducted by the Secretary of the Interior and the Comptroller General of the United States provided for in 2 CFR Part 200.333 through 200.338. For local governments and school districts, the Subgrantee will provide the report to the State of Montana, Department of Administration, Local Government Services Bureau. All other Subgrantees, such as Tribal Communities and Non-Profit Organizations, will provide the report to the Montana Historical Society, State Historic Preservation Office. Non-federal entities that expend $750,000 or more during a year in federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501–7507) and 2 CFR Part 200, Subpart F, which is available at https://www.congress.gov/104/plaws/publ156/PLAW-104publ156.pdf. Non-federal entities that expend less than $750,000 for a fiscal year in federal awards are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, pass-through entity, and General Accounting Office (GAO). Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. 20. SEVERABILITY It is understood and agreed by the parties hereto that a declaration by any court or any other binding legal source that any provision of the Agreement is illegal and void shall not affect the legality and enforceability of any other provision of the Agreement, unless the provisions are mutually and materially dependent. 20.1 Termination for Cause with Notice to Cure Requirement. The Subgrantee may terminate this Agreement for the State’s failure to perform any of its duties under this Agreement after giving the State written notice of the failure. The written notice must demand performance of the stated failure within a specified period of time of not less than thirty (30) days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. 20.2 Reduction of Funding. The State must by law terminate this Agreement if funds are not appropriated or otherwise made available to support the State's continuation of performance of this Agreement in a subsequent fiscal period (18-4-313(4), MCA). If state or federal government funds are not appropriated or otherwise made available through the state budgeting process to support continued performance of this Agreement (whether at an initial contract payment level or any contract increases to that initial level) in subsequent fiscal periods, the State shall terminate this Agreement as required by law. The State shall provide the Subgrantee the date State's termination shall take effect. The State shall not be liable to the Subgrantee for any payment that would have been payable had the Agreement not been terminated under this provision. As stated above, the State shall be liable to the Subgrantee only for the payment, or prorated portion of that payment, owed to the Subgrantee up to the date State's termination takes effect. This is the Subgrantee's sole remedy. The State shall not be liable to the Subgrantee for any other payments or damages arising from termination under this section, including but not limited to general, special, or consequential damages such as lost profits or revenues. 21. EVENT OF BREACH – REMEDIES 68 STATE OF MONTANA AGREEMENT MT-24-012, Page 10 21.1 Event of Breach by Subgrantee. Any one or more of the following Subgrantee acts or omissions constitute an event of material breach under this Agreement: o Products or services furnished fail to conform to any requirement; o Failure to submit any report required by this Agreement; o Failure to perform any of the other terms and conditions of this Agreement, including but not limited to beginning work under this Agreement without prior State approval or breaching Section 27, Meetings, obligations; or o Voluntary or involuntary bankruptcy or receivership. 21.2 Event of Breach by State. The State’s failure to perform any material terms or conditions of this Agreement constitutes an event of breach. 21.3 Actions in Event of Breach. Upon the Subgrantee’s material breach, the State may: o Terminate this Agreement under Section 20.1, Termination for Cause with Notice to Cure, and pursue any of its remedies under this Agreement, at law, or in equity; or o Treat this Agreement as materially breached and, except as the remedy is limited in this Agreement, pursue any of its remedies under this Agreement, at law, or in equity. Upon the State’s material breach, Subgrantee may: o Terminate this Agreement under Section 20.1, Termination for Cause with Notice to Cure, and pursue any of its remedies under this Agreement, at law, or in equity; or o Treat this Agreement as materially breached and, except as the remedy is limited in this Agreement, pursue any of its remedies under this Agreement, at law, or in equity. 22. GENERAL AND SPECIFIC CONDITIONS The Subgrantee agrees to follow the General and Specific Conditions according to this Agreement and Chapter 5 of the Historic Preservation Fund Manual. 23. FORCE MAJEURE Neither party is responsible for failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the nonperforming party, so long as such party uses its best efforts to remedy such failure or delays. A party affected by a force majeure condition shall provide written notice to the other party within a reasonable time of the onset of the condition. In no event, however, shall the notice be provided later than five (5) working days after the onset. If the notice is not provided within the five-day period, then a party may not claim a force majeure event. A force majeure condition suspends a party’s obligations under this Agreement, unless the parties mutually agree that the obligation is excused because of the condition. 24. WAIVER OF BREACH Either party’s failure to enforce any contract provisions after any event of breach is not a waiver of its right to enforce the provisions and exercise appropriate remedies if the breach occurs again. Neither party may assert the defense of waiver in these situations. 25. CONFORMANCE WITH CONTRACT No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the Agreement shall be granted without the State Procurement Bureau’s prior written consent. Product or services provided that do not conform to the Agreement terms, conditions, and specifications may be rejected and returned at the Subgrantee’s expense. 26. LIAISONS AND SERVICE OF NOTICES 26.1 Agreement Liaisons. All project management and coordination on the State's behalf must be through a single point of contact designated as the State's liaison. The Subgrantee shall designate a liaison that will provide the single point of contact for management and coordination of the Subgrantee's work. All work performed under this Agreement must be coordinated between the State's liaison and Subgrantee's liaison. 69 STATE OF MONTANA AGREEMENT MT-24-012, Page 11 Kate Hampton is the State’s liaison. Sarah Rosenberg is the Subgrantee’s liaison. Address: 225 Roberts PO Box 201201 Helena, MT 59620-1201 Address: 20 East Olive Street Bozeman, MT 59715 Phone: (406) 444-7742 Phone: (406) 582-2297 Email: khampton@mt.gov Email: srosenberg@bozeman.net 26.2 Notifications. The State's liaison and Subgrantee’s liaison may be changed by written notice to the other party. Written notices, requests, or complaints must first be directed to the liaison. Notice may be provided by personal service, mail, or facsimile. If notice is provided by personal service or facsimile, the notice is effective upon receipt; if notice is provided by mail, the notice is effective within three (3) business days of mailing. 27. MEETINGS Subgrantee shall meet with State's personnel, or designated representatives, to resolve technical or contractual problems occurring during the Agreement term or to discuss the progress made by the Subgrantee and State in the performance of their respective obligations, at no additional cost to the State. The State may request the meetings as problems arise and will be coordinated by the State. The State shall provide the Subgrantee a minimum of three (3) full working days’ notice of meeting date, time, and location. Face-to-face meetings are desired; however, at the Subgrantee's option and expense, a conference call meeting may be substituted. The Subgrantee’s consistent failure to participate in problem resolution meetings, the Subgrantee missing or rescheduling two consecutive meetings, or the Subgrantee’s failure to make a good faith effort to resolve problems may result in termination of the Agreement. 28. CHOICE OF LAW AND VENUE Montana law governs this Agreement. The parties agree that any litigation concerning this bid, proposal, or this Agreement must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. 29. TAX EXEMPTION The State of Montana is exempt from Federal Excise Taxes (#81-0302402) except as otherwise provided in the federal Patient Protection and Affordable Care Act (P.l. 111-148, 124 Stat. 119). 30. AUTHORITY This Agreement is issued under authority of Title 18, Montana Code Annotated, and the Administrative Rules of Montana, Title 2, chapter 5. 31. SCOPE, ENTIRE AGREEMENT, AND AMENDMENT 31.1 Agreement. This Agreement consists of twelve (12) numbered pages and any attachments as required. In the case of dispute or ambiguity arising between or among the documents, the order of precedence of document interpretation is the same. 31.2 Entire Agreement. These documents are the entire Agreement of the parties. They supersede all prior agreements, representations, and understandings. Any amendment or modification must be in a written agreement signed by the parties. 32. WAIVER The State's waiver of any Subgrantee obligation or responsibility in a specific situation is not a waiver in a future similar situation or is not a waiver of any other Subgrantee obligation or responsibility. 70 STATE OF MONTANA AGREEMENT MT-24-012, Page 12 33. EXECUTION The parties through their authorized agents have executed this Agreement on the dates set out below. STATE OF MONTANA Montana Historical Society CITY OF BOZEMAN 225 North Roberts 20 East Olive Street PO Box 201201 Bozeman, MT 59715 Helena, Montana 59620-1201 UEI No. EEAPKALAEM35 _ NAME Date TITLE: _ Emily McKeever, Administrator Date Montana Historical Society 71 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with DOWL, LLC for the Riverside Lift Station and Force Main Project MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Move to Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with DOWL, LLC for the Riverside Lift Station and Force Main Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Amendment No. 1 to the Professional Services Agreement with DOWL, LLC for the Riverside Lift Station and Force Main Project. The document is in the City’s standard format. The original professional services agreement for the project only included the predesign phase. That phase determined the general layout and appropriate location for the lift station, route of the force main including the river crossing evaluation and analysis, surveying, geotechnical investigation and some permitting. This amendment is to add the design phase services for the project. This work is pursuant to the annexation agreement with the Riverside Community. That agreement stipulated that the City would complete the installation of a new lift station and force main to convey wastewater from the subdivision to the water reclamation facility, and that those cost would be reimbursed through the establishment of a Special Improvement District. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$180,229 to be paid from the Wastewater Fund (WW133). The current CIP has this project budgeted at $2,500,000 in FY24 and $500,000 in FY25. All project expenditures will be reimbursed by the Riverside Subdivision 72 property owners through creation of a Special Improvement District per the Riverside Annexation Agreement. Attachments: Riverside Lift Station and Force Main Amendment No. 1.pdf Report compiled on: February 28, 2024 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, City Utilities Director SUBJECT:Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project. MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Move to Authorize City Manager to sign Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project. The document is in the City’s standard format. Additional survey and engineering analysis is needed to determine the lowest possible sewer elevation for the new lift station that will still allow for gravity flow to the Hidden Valley Lift Station in the future. This task will also determine the western boundary of the service area for the new lift station. Both of these items were included in the master plan amendment completed for the lift station but need to be further refined with actual survey data. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Addition of $1,471 to be paid from the Wastewater Fund (WW134). The current CIP has this project budgeted at $3,000,000 in FY24 and $2,200,000 in FY25. All project expenditures will be reimbursed with ARPA funds. Attachments: Valley Center LS and FM Preliminary Design - Amendment No. 1 (East Valley Center Road Survey Work).pdf 90 Report compiled on: February 29, 2024 91 1 Amendment No. 1 to Professional Services Agreement for Valley Center Lift Station and Force Main Preliminary Design THIS AGREEMENT is made as of this ________ day of February, 2024, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and HDR Engineering Inc., an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated December 12, 2023, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Initial compensation for ENGINEER’s services under the original Agreement was on the basis of lump sum in the amount of Two Hundred Thirty Thousand Thirty-Six Dollars ($230,036.00). Amendment No. 1 (East Valley Center Road Survey Work) Amended compensation for Amendment No. 1 for ENGINEER’s services under this Agreement is on the basis of Lump Sum for an additional amount of One Thousand Four Hundred Eighteen Dollars ($1,418.00), as outlined below: • Perform additional survey work to the west of the proposed Valley Center Lift Station (VCLS) site and along East Valley Center Road to allow for the evaluation and planning of long-term gravity sewer flexibility between VCLS and the future proposed Hidden Valley Lift Station (HVLS). • Additional survey work will be completed along East Valley Center Road in the area shown in the attached figure, approximately 5,000 LF west of the VCLS site. a. Record edge of pavement on both sides of East Valley Center Road (interval of 50-100 feet to capture terrain changes). b. Record center of pavement (larger increment due to traffic safety). c. Call in utility locates and record location of marked utilities. d. Record culvert size, material, and invert elevations on north and south side of crossing located near Lake Road. New amended total under this Agreement is Two Hundred Thirty-One Thousand Four Hundred Fifty- Three Dollars ($231,453.00). 92 2 Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN By: ______________________________________ ATTEST: ________________________________________ Robin Crough City Clerk APPROVED AS TO FORM By:____________________________________ City Attorney ENGINEER By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ 93 Miles 0.3 9,892 This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 1,1510 Legend 575 Location 1,151 02/02/2024 Created By: Created For: Date: Abandoned Mains Force Mains Gravity Mains Facillity Plan Points Facillity Plan Lines Street Names City Limits 94 1 Moran, Jarrett From:Jeff Riedel <jriedel@pioneer-technical.com> Sent:Friday, February 9, 2024 4:12 PM To:Moran, Jarrett Cc:David Wilson Subject:Valley Center West Survey Attachments:VALLEY CENTER LS_ADDITIONAL SURVEY LIMITS.pdf CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. This email is to provide a scope and cost for addi onal survey work on the Valley Center Li Staon Pr oject The work is the following 1) Complete survey along Valley Center Road in the area shown in the a#ached figure. Extension is about 5000 feet west of the current site. a. Record edge of pavement on both side of road (interval of 50-100 feet to capture terrain changes) b. Record center of pavement (larger increment due to traffic safety) c. Call in ulity locates and record locaon of marked ulies Esmated cost is $1,350. Thank you Jeff Jeffrey J. Riedel | Geotechnical Engineer P.E. Pioneer Technical Services Inc. | 106 Pronghorn Trail, Ste. A | Bozeman, MT 59718 Office: (406) 723-1994 Cell: (406) 223-4829 | jriedel@pioneer-technical.com| www.pioneer-technical.com This e-mail and any attachments are intended only for the named recipient(s) and may contain information that is legally privileged, confidential, or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), you may not retain copy or use this e-mail or any attachment for any purpose or disclose all or any part of the contents to any other person. Any such dissemination, distribution or copying of this e-mail or its attachments is strictly prohibited. Please do not send any information via e-mail that is subject to relevant export controls, sanction requirements, or that is classified as covered defense information, as that term is defined in DFARS 252.204-7012. Pioneer Technical Services observes all NIST protocols as it pertains to electronic mail systems. Please contact it@pioneer-technical.com with any questions or concerns. 95 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order Two with Cushing Terrell for Design Services for the Whittier School Parking Lot Project MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order two with Cushing Terrell for design services for the Whittier School Parking Lot. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City has taken deliberate steps to foster the infill and redevelopment of properties along the North 7th Avenue corridor in the Midtown Urban Renewal District. Along with those steps, the Midtown Action Plan calls for building partnerships to hone in on key infrastructure improvements. The code allows new buildings in the District to be built near the street, encourages ground floor commercial, and requires that parking occur on the side or the rear of structures. In addition, the District does not have parking minimums. The goal is to enhance the pedestrian experience along the corridor by reducing the amount of parking in front of and around buildings. The location of the Whitter Parking Lot has the potential to be a community asset after traditional school hours. The attached task order issued under the authority of the Urban Renewal District Term Contract Professional Services Agreement with Cushing Terrell for civil engineering, landscape architecture, and electrical engineering services for the Whittier Parking Lot. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:Compensation for the task order is on a time and materials basis not to exceed $67,100 and is available in the Midtown Urban Renewal District budget. 96 Attachments: CT URD Task Order 2.pdf Report compiled on: March 1, 2024 97 City of Bozeman Urban Renewal District Term Contract Task Order Number # 002 PROJECT: Professional Design Services for the Whittier West Parking Lot Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Cushing Terrell for Architectural and Engineering Services. This Task Order is dated March 19, 2024 between the City of Bozeman and Cushing Terrell. The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Wayne Freeman, Principal SCOPE OF WORK: The scope for this task order is detailed in the attached Scope of Work. COMPENSATION: Cushing Terrell will bill for its services on a time-and-materials basis not to exceed $67,100. Cushing Terrell shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheets for Cushing Terrell and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Cushing Terrell Chuck Winn, Interim City Manager Wayne Freeman, Principal 98 99 100 101 102 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Resolution 5583, Adoption of Designation of Subdivision Administrator for Administrative Minor Subdivisions Required per Title 76, Chapter 3, Section 609 Montana Code Annotated Amended by the 2023 Montana Legislature MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5583. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City follows state law when establishing and administering land development regulations. Title 76, Chapter 3, Montana Code Annotated (MCA) requires local government to adopt regulations for the processing of subdivisions of land consistent with the Montana Subdivision and Platting Act. The 2023 legislative session was very active and included 10 amendments to the Montana Subdivision and Platting Act which sets the requirements for subdivisions regulations. The 2023 Montana Legislature adopted Senate Bill 170 [External PDF] amending Section 76-3-609, MCA which bill took effect on October 1, 2023. Senate Bill 170 amends Section 76-3-609, MCA to create a new form of subdivision review (with specific qualifying criteria) called an administrative minor subdivision which takes precedence over other forms of minor subdivision review. Section 76-3-609 requires that the governing body identify a subdivision administrator, not the governing body, to conduct the review and decision for administrative minor subdivisions. This is a change from past review processes which required that the governing body (City Commission) be the decision maker for all preliminary and final plats. As this bill is in effect and requires an inherently different decision maker from past practice, and application for the new method of subdivision has been received, the City cannot wait to designate the required reviewer. The Unified Development Code, Section 38.200.010, [External link] assigns 103 responsibilities for review related to land use and development. The two decision making parties to approve development applications are the City Commission and the Director of Community Development. As the legislature has specified an administrative reviewer, staff suggests that the designation of the Community Development Director will best fit the existing code structures. This designation is proposed to be for a limited time to enable the completion of municipal code updates that will comprehensively address the multiple amendments directed by the legislature. Therefore, there are two terminal conditions included in the resolution that will automatically end the effect of the proposed resolution. This will prevent overlap or conflict between this resolution and future adopted code amendments. UNRESOLVED ISSUES:None. ALTERNATIVES: Direct changes to the Resolution to appoint a different staff position to be the Subdivision Administrator. FISCAL EFFECTS: None. Attachments: Resolution 5583 Director as Subdivision Reviewer 76-3-609 2- 21-2024.pdf Report compiled on: February 21, 2024 104 Version February 2023 RESOLUTION 5583 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO DESIGNATE THE DIRECTOR OF COMMUNITY DEVELOPMENT AS THE SUBDIVISION ADMINISTRATOR FOR THE PURPOSE OF ADMINISTRATIVE MINOR SUBDIVISIONS AS REQUIRED BY 76-3-609 MCA. WHEREAS, Title 76, Chapter 3, Montana Code Annotated (MCA) requires local government to adopt regulations for the processing of subdivisions of land consistent with the Montana Subdivision and Platting Act; and WHEREAS, 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 §§76-3-102, and 76-3-501; and WHEREAS, the 2023 Montana Legislature adopted Senate Bill 170 amending Section 76- 3-609, MCA which bill was effective on October 1, 2023; and WHEREAS, Senate Bill 170 amends Section 76-3-609, MCA to create a new form of subdivision review, found in subsections (6) through (8) of the statute, with specific qualifying criteria called an administrative minor subdivision which takes precedence over other forms of minor subdivision review; and WHEREAS, Section 76-3-609 requires that the governing body appoint a subdivision administrator, not the governing body, to conduct the review and decision for administrative minor subdivisions; and WHEREAS, the City Commission has adopted 38.200.010, BMC to assign duties in the review of land development including subdivision and, in that section, assigns all duties not otherwise explicitly reserved in the section to another party to the Director of Community Development; and 105 Version February 2023 WHEREAS, 38.200.010 was adopted prior to the passage of the SB 170 amendments to 76-3-609, MCA and the Montana Subdivision and Platting Act prior to the passage of SB 170 reserved all decisions on preliminary and final plats to the governing body; and WHEREAS, the current wording of 38.200.010 is no longer consistent with statute, and the City is in the process of updating its land use regulations to address changing state laws but the change in administrative minor subdivision regulation of 76-3-609 has immediate effect and the City must establish procedures to implement the state law which takes priority over local regulations; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 1) The Director of Community Development is designated as the subdivision administrator with all responsibilities as required by 76-3-609, MCA. 2) This resolution shall be of no further effect upon the effective date of amendments to Chapter 38, Unified Development Code revising approval authority for subdivisions to be consistent with state law, or on June 30, 2026, whichever comes first. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of March, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk 106 Version February 2023 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 107 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Resolution 5587, Authorizing the City Manager to Sign Prime Change Order 3 and Guaranteed Maximum Price Amendment 5 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5587, Authorizing the City Manager to Sign Prime Change Order 3 and Guaranteed Maximum Price Amendment 5 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On September 19, 2023 the City Commission approved Guaranteed Maximum Price Amendment #4 for the construction of the Fire Station #2 Relocation Project as a part of the General Construction / Construction Manager Agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) resulting in an increase of $55,044 to the overall Guaranteed Maximum Price. Changes that will be addressed with this amendment include a number of modifications to the project as described in the attached Prime Change Order #3 document. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The changes included in this request result in an increase of $55,044 to the overall Guaranteed Maximum Price to be covered using owner's contingency within the existing project budget as authorized by the City Commission. Attachments: Resolution 5587.pdf Prime Change Order #3.pdf Bozeman Fire Station #2 - Guaranteed Maximum Price Amendment No. 5.pdf 108 Report compiled on: February 29, 2024 109 Version April 2020 RESOLUTION 5587 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS, the City Commission did, on September 19, 2023, authorize Guaranteed Maximum Price (GMP) Amendment #4 for relocation and construction of Fire Station #2 with Martel Construction, Inc.; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to GMP Amendment #5 for Construction of Fire Station #2, as contained in Prime Change Order #3, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature., to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of March 2024. 110 Version April 2020 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 111 October 17, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 015 Pricing Request No.PR 005 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 015 - PR 05 Add Light Fixtures Kitchen & EMS REFERENCE: PR 005 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:2,793.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 112 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 001B- Fiber Optic Pathway Changes10/17/2023 4:34 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount26-0000ELECTRICAL126-5000Lighting2Lighting - PR 05 Add Light Fixtures Kitchen & EMS1.00ls--2,589--2,5893 Lighting2,5892,589 ELECTRICAL2,5892,589Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract2,589EquipmentOther2,5892,589General Liability Insurance250.890%Gross Receipts Tax261.000%Bond200.750%Construction Fee1335.000%2042,793Total2,793113 114 TOTAL:1,270.03 LN TYPE/DESIG QTY MFR CATALOG#DESCRIPTION PRICE UOM EXT AMT 01 1 S&H SHIPPING TBD 0.00 E 0.00 02 1 MISC CHANGE ORDER LOT 1,241.83 E 1,241.83 03 C1 1 LITON CH408UE- D10P1/CR4L17CW- T35 0.00 E 0.00 04 S3 24 KELVX PL35K-24V - 1FT LED TAPE 0.00 E 0.00 05 TAPE IS FIELD CUTABLE EVERY 2.625" 06 S3 4 KELVX CH-409-2-WH-CP-EC 2-METER CHANNEL/LENS 0.00 E 0.00 07 S3 2 KELVX ULV36 36W DRIVER 0.00 E 0.00 08 S3 2 KELVX FML-2C-6 POWER FEED 0.00 E 0.00 09 S3 6 KELVX FMC-2C-36I 36" JUMPER 0.00 E 0.00 10 JUMPERS CAN BE SIZED DOWN TO 6" AS THE APPLICATION 11 REQUIRES 12 75 CCC 1402VNTCFLT-CUT 14/2C TRAY CABLE - 1000FT 376.00 M 28.20 13 MAKING AN ASSUMPTION ON WHAT SIZE LV WIRE YOU NEED MDSE:1,270.03 Shipping Charge:0.00 CUSTOMER COPY1 OF 1 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. 38 QUAIL RUN RD BOZEMAN MT 59718 TEL: 406 587-5566 FAX: 406 587-4043 3210 CANYON FERRY RD EAST HELENA, MT 59635 TEL: (406)461-7374 CUS PO #: JOB NAME: BZN FIRE STATION TYPE S3 CO ADD QUOTE EXPIRES 10/06/2023 QUOTE #: 5003052 DATE: 09/06/23 REV #: 002 REV DATE: 09/06/23 BY: FOB: FRT: INSLS: SLS: JW SHIPPING POINT PREPAID 0739 0710 CONTACT: JASON WILDMAN jason@cedbozeman.com SLATE ELECTRICAL ACCT #: FV-67466 BOZEMAN FIRE STATION #2 QUOTE FOR: 115 October 10, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 017 Pricing Request No.PR 008 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 017 Bobcat Blue Aluminum Storefront REFERENCE: PR 008 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:4,226.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 116 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 001B- Fiber Optic Pathway Changes10/10/2023 5:32 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount08-0000DOORS & WINDOWS108-4100Metal-Framed Storefronts2Aluminum Entrances & Storefronts1.00ls--3,918--3,9183 Metal-Framed Storefronts3,9183,918 DOORS & WINDOWS3,9183,918Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract3,918EquipmentOther3,9183,918General Liability Insurance380.890%Gross Receipts Tax391.000%Bond300.750%Construction Fee2015.000%3084,226Total4,226117 Great Falls, MT 59401 1300 River DR N Ph : 406-453-2421 Change Request Phone: Job:23-0411 Bozeman Fire Station #2 Number: Date: 1 8/18/23 To:Martel Construction 1203 South Church Bozeman, MT 59715 Ph: 406-586-8585 Fax: 406-586-8646 Description:SF-6 MSU Bobcat Blue Storefront We are pleased to offer the following specifications and pricing to make the following changes: Change the SF-6 Storefronts above the garage doors to be MSU BOBCAT BLUE (OBE color match SL6A020 Flpn Prmr College Blue - 3 Coat Custom) The total amount to provide this work is .................................................................................................. $3,918.00 If you have any questions, please contact me at (406)-868-7803. Submitted by:Approved by: Date: Taylor Cummings TC Glass Commercial LP Page 1 of 1 118 November 8, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 018 Pricing Request No.PR 010 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 018 Added Security Camera at Main Entry REFERENCE: PR 010 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:5,262.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 119 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 018 PR 10 Added Camera Location11/8/2023 4:45 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount26-0000ELECTRICAL126-0500Electrical2Division 16 Complete1.00ls----327-0000COMMUNICATIONS427-0500Communications5Communications Systems1.00ls--550--5506 Communications550550 COMMUNICATIONS55055028-0000ELECTRONIC SAFETY &SECURITY728-0100Security & Surveillance8Surveillance Camera Systems1.00LS--4,328--4,3289 Security & Surveillance4,3284,328 ELECTRONIC SAFETY &SECURITY4,3284,328Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract4,878EquipmentOther4,8784,878General Liability Insurance470.890%Gross Receipts Tax491.000%Bond370.750%Construction Fee2515.000%3845,262Total5,262120 Estimate Date 10/23/2023 Estimate # 74712 Name / Address Martel Construction, Inc. 1203 S Church Ave. Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 Job Name PR 10 Terms Net 30 Project Bozeman Fire Statio... Signature Phone # 4065871616 Fax #Web Site www.compusourcenow.com Total Item Description Qty Rate Total Martel Construction : Bozeman Fire Station #2 : PR 10 labor Labor to add one Cat 6 outdoor cable for camera 4.50 85.00 382.50 Cat 6 Outdoor 7136100 Cat 6 Outdoor Cable 0.25 497.04 124.26 CJ688TG** Panduit Cat 6 jack 2.00 9.15 18.30 MISC MISCELLANEOUS, labels, ties, Velcro, Face plates 1.00 25.00 25.00 Exclustions are any conduit, fire stopping, patch cable _____________________________________ $550.06 121 122 123 124 125 126 127 128 December 6, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 020 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 020 RFI 047 Snow Melt Manifold move to Metal shroud REFERENCE: RFI 047 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:$2,241.00 We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 129 Martel ConstructionSpreadsheet ReportPage 1COR 020 - RFI 047 Snow Melt Manifold move to Metal shroud12/6/2023 3:59 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount05-0000STEEL105-1200Structural Steel2Structural Steel1.00LS2,9130-2,9133Structural Steel(1.00)LS(836)0-(836)4 Structural Steel2,0772,077 STEEL2,0772,077Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterial2,077SubcontractEquipmentOther2,0772,077General Liability Insurance200.890%Gross Receipts Tax211.000%Bond160.750%Construction Fee1075.000%1642,241Total2,241130 Page 1 of 2 Date : 11/15/2023 Job #: 23-019-CC CO #: 2 1655 Coulson Road Billings, MT 59101 Phone: 406-655-0858 American Steel Inc. Bozeman Fire Station #2 Customer PO #: 23-002_05-120 (M) Job Location: Bozeman, MT Change Order Request Mike Wilkinson Martel Construction Martel Construction, Inc. 575 West Kagy Boulevard Bozeman, MT 59715 Phone: 406-570-6638 To: Subject:Bent Plates Change per RFI #47 Change Requested By: Sent Via: E-mail Description of Change: As per RFI #47 the bent plates enclosures in the southwest and northwest corners of the Apparatus Bay 128 were increased from original design to accommodate the snowmelt manifold and added an access panel opening to the bent plate enclosures. The revised bent plates, see attached detail drawings with markups, will consist of two pieces attached by a bolted connection: 1) 1/4" x 60" x 14' plate with 2' 6-1/2" x 2' 11-1/2" opening 2) 1/4" x 20" (4" bent) x 14' bent plate Below is the price breakdown: 1. Re-detailing bent plates - $85/hr * 3.5 hrs/bent plate = $297.50/bent plate * 2 bent plates = $595.00 2. Material (Plates & Primer) - .53 tons/bent plate * $1622.64/ton = $860.00/bent plate * 2 = $1720.00 * 15% markup = $1978.00 3. Fabrication & Primer Painting = $85/hr * 2 hrs/bent plate = $170.00/bent plate * 2 bent plates = $340.00 Below is the credit breakdown for original bent plates: 2. Materials (Plates & Primer) - .24 tons/bent plate * $1283/ton = $307.92/bent plate * 2 = $615.84 * 15% markup = $708.22 3. Fabrication & Primer Painting = $85/hr * .75 hrs/bent plate = $63.75/bent plate * 2 bent plates = $127.50 131 Page 2 of 2 Date : 11/15/2023 Job #: 23-019-CC CO #: 2 1655 Coulson Road Billings, MT 59101 Phone: 406-655-0858 American Steel Inc. Bozeman Fire Station #2 Customer PO #: 23-002_05-120 (M) Job Location: Bozeman, MT Change Order Request Mike Wilkinson Martel Construction Martel Construction, Inc. 575 West Kagy Boulevard Bozeman, MT 59715 Phone: 406-570-6638 To: Subject:Bent Plates Change per RFI #47 The change has added 21 Calendar Days to the project schedule and will cause an increase of 2,077.28 to the contract amount. A signature below indicates acceptance of all changes shown herein. Any work associated with this change will begin upon receipt of a signed copy of this C.O. in our office. Please respond by 11/17/2023. If the requested response time is not met, the project may be delayed. Accepted By American Steel Inc. 132 133 SHEET DESCRIPTION:JOB NUMBER:SHEET NUMBER:REV. #: CONTRACTOR: LOCATION: JOB NAME:BOZEMAN FIRE STATION #2 BOZEMAN, MT MARTEL CONSTRUCTION 0 Drawn: Chkd: Plot Date: DATE BY MT DT 10-16-2023 10-16-2023 Oct 16 2023 HOLES: BOLTS: WELDS: 13/16" Dia. U.N.O. 3/4" Dia. A325N U.N.O. AWS D1.1 ROOF DRAIN GUARD 23-019-CC S2072 1655 COULSON ROAD, BILLINGS, MT. 59101 (406) 655-0858 www.amersteel.com ONE PLATE2072M 829 829 SP-2 MPI#79 1 PL1/4x 14 0 829 829 A362072M BILL OF MATERIAL Ship Sub Weight Weight Surface Shop Qty Mark Mark Description Remarks Length Unit Total Prep Primer 0 FOR FABRICATION Oct 16 2023 MTREVDESCRIPTIONDATEBY4-04-04-01-24-93/41-13/41-PL bpl148 ONE BENT PLATE 2072M 7/16 7/16 32-111/22-61/2 1-23/4 1014-021/21/41-41/4 5-0 4-93/4 21/2 5-01/41-41/421/2 134 SHEET DESCRIPTION:JOB NUMBER:SHEET NUMBER:REV. #: CONTRACTOR: LOCATION: JOB NAME:BOZEMAN FIRE STATION #2 BOZEMAN, MT MARTEL CONSTRUCTION 0 Drawn: Chkd: Plot Date: DATE BY MT DT 10-16-2023 10-16-2023 Oct 16 2023 HOLES: BOLTS: WELDS: 13/16" Dia. U.N.O. 3/4" Dia. A325N U.N.O. AWS D1.1 ROOF DRAIN GUARD 23-019-CC S2073 1655 COULSON ROAD, BILLINGS, MT. 59101 (406) 655-0858 www.amersteel.com ONE 2073M 829 829 SP-2 MPI#79 1 14 0 829 829A362073M BILL OF MATERIAL Ship Sub Weight Weight Surface Shop Qty Mark Mark Description Remarks Length Unit Total Prep Primer 0 FOR FABRICATION Oct 16 2023 MTREVDESCRIPTIONDATEBY ONE BENT PLATE 2073M 14-021/21-23/4 2-61/21/41-41/45-0 5-01/4 1-41/421/2 2-111/23104-04-04-93/4 4-01-21-13/44-93/421/2 1-PL bpl147 7/16 7/16 135 December 5, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 021 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 021 RFI 061 Generator & Fuel Tank Pad Layout REFERENCE: RFI 061 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:7,164.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 136 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 018 PR 10 Added Camera Location12/6/2023 5:37 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount03-0000CONCRETE103-1020Form Pad Footings2Form Fuel Tank Pad Footing - 20' x10'x12"60.00SF828415--1,2433Form Fuel old Tank Pad Footing - 24' x10'x10"(56.64)SF(782)(392)--(1,174)4Form Generator Pad Footing - 26'-8" x20'-3"x8"62.58SF864433--1,2975Form Fuel old Tank Pad Footing - 24' x19'x6"(43.00)SF(593)(298)--(891)6 Form Pad Footings31715947503-1100Form Sidewalks7Form & Pour 4" Sidewalks in between pads 5' walk152.00sf1,182-1,1828Form & Pour Sidewalk at Dock Station44.00sf0342-3429 Form Sidewalks1,5241,52403-2100Concrete Reinforcing10Rebar Fuel Tank Pad - #5 9" OC EW0.28ton229309---53811Rebar Generator Pad - #5 12" OC EW0.56ton456616---1,07212 Concrete Reinforcing6859251,61003-3400Place Equipment Pads13Place Equipment Pads - Original Bid Fuel Pad24'x10'x10"(7.38)cy(239)(886)---(1,124)14Place Equipment Pads - New Fuel Pad 20'x10'x12"8.89cy2881,067---1,35415Place Equipment Pads - Original Bid GeneratorPad 24'x19'x6"(8.44)cy(273)(1,013)---(1,286)16Place Equipment Pads - New Generator Pad26'-8"x20'-3"x8"13.34cy4321,601---2,03217 Place Equipment Pads20776997703-5060Broom Finish Slabs18Broom Finish Slabs - Bid Generator Pad 24'x19'(456.00)sf--(524)--(524)19Broom Finish Slabs - New Generator Pad26'-8"x20'-3"540.00sf--621--62120 Broom Finish Slabs9797 CONCRETE1,2091,8531,6204,68226-0000ELECTRICAL2126-0500Electrical22Move Electrical Pedistal South to Docking Station1.00ls--715--71523 Electrical715715 ELECTRICAL71571532-0000SITE IMPROVEMENTS2432-1623Sidewalks25Re-Prep Equipment Pads for Concrete Pours(lower)15.00cy1,245--1,24526 Sidewalks1,2451,245 SITE IMPROVEMENTS1,2451,245Estimate TotalsDescriptionAmountTotalsHoursRateLabor1,20932.642hrsMaterial1,853Subcontract3,580EquipmentOther6,6426,642General Liability Insurance640.890%137 Martel ConstructionSpreadsheet ReportPage 2BFS2 COR 018 PR 10 Added Camera Location12/6/2023 5:37 PMEstimate TotalsGross Receipts Tax661.000%Bond510.750%Construction Fee3415.000%5227,164Total7,164138 139 140 December 6, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 022 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 022 RFI 064 Beam Connection At Stair 1 REFERENCE: RFI 064 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:$1,427.00 We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 141 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 018 PR 10 Added Camera Location12/6/2023 6:11 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount05-0000STEEL105-1200Structural Steel2Glu-Lam Beam Connections 11/S5.01.00ea75976--1,0513Field Welding 3/8" fillet Weld all 4 sides to column2.10lf122--150-2724 Structural Steel122759761501,323 STEEL122759761501,323Estimate TotalsDescriptionAmountTotalsHoursRateLabor1222.000hrsMaterial75Subcontract976Equipment150Other1,3231,323General Liability Insurance130.890%Gross Receipts Tax131.000%Bond100.750%Construction Fee685.000%1041,427Total1,427142 Page 1 of 1 Date : 11/9/2023 Job #: 23-019-CC CO #: 3 1655 Coulson Road Billings, MT 59101 Phone: 406-655-0858 American Steel Inc. Bozeman Fire Station #2 Customer PO #: 23-002_05-120 (M) Job Location: Bozeman, MT Change Order Request Mike Wilkinson Martel Construction Martel Construction, Inc. 575 West Kagy Boulevard Bozeman, MT 59715 Phone: 406-570-6638 To: Subject:RFI #64 - GLB to HSS Connection Change Requested By: Sent Via: E-mail Description of Change: As per RFI #64, Supply only one (1) new GLB Saddle/Hanger, as per detail 11/S5.0, to connect GLB to HSS column for the price of: $976.00. Includes: Material, Welding, Drill Holes, Fabrication, Surface Prep (SP-2), and Shop Primer (MPI#79). Lead time is 10 business days from approval date. The change will cause an increase of 976.00 to the contract amount. A signature below indicates acceptance of all changes shown herein. Any work associated with this change will begin upon receipt of a signed copy of this C.O. in our office. Please respond by 11/13/2023. If the requested response time is not met, the project may be delayed. Accepted By American Steel Inc. 143 SHEET DESCRIPTION:JOB NUMBER:SHEET NUMBER:REV. #: CONTRACTOR: LOCATION: JOB NAME:BOZEMAN FIRE STATION #2 BOZEMAN, MT MARTEL CONSTRUCTION 0 Drawn: Chkd: Plot Date: DATE BY MT DT 11-8-2023 11-8-2023 Nov 08 2023 HOLES: BOLTS: WELDS: 13/16" Dia. U.N.O. 3/4" Dia. A325N U.N.O. AWS D1.1 GLB SADDLE 23-019-CC S3000 1655 COULSON ROAD, BILLINGS, MT. 59101 (406) 655-0858 www.amersteel.com PER MMI RFI #64 COLUMN 1015C FIELD ATTACH TO ONE GLB SADDLE3000M 63 63 SP-2 MPI#79 2 FL5/8x9 0 9 14 28A36f208 1 FL5/8x9 0 71/8 11 11A36f207 1 PL5/8x81/8 1 41/2 24 24A572-50p206 FIELD BOLTS 2 3/4 Dia A307 0 8 BILL OF MATERIAL Ship Sub Weight Weight Surface Shop Qty Mark Mark Description Remarks Length Unit Total Prep Primer 0 FOR FABRICATION Nov 8 2023 MTREVDESCRIPTIONDATEBY 1-FL f207 1-FL f208 NS/FS ONE GLB SADDLE 3000M211/16211/1641/1641/16336 3 3161/25/8 3/8 3/8 NO PAINT 1-PL p206 144 February 7, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 025 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 025 PR 011 Add additional Wall Mount Roof Anchor REFERENCE: PR 011 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:$710.00 We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 145 Spreadsheet ReportPage 1BFS2 COR 025 - PR 011 Add additional Wall Mount Roof Anchor2/7/2024 3:34 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Cost/UnitTotal Amount06-0000WOOD & PLASTICS1Backing & Blocking2Remove Spay Foam and Install Blocking forRoof Tie off anchor Point6.00bf100100---33.33/bf2003 Backing & Blocking100100/bf200 WOOD & PLASTICS100100/sf20007-0000THERMAL & MOISTURE PROT.4Roof Accessories5Roof Anchor Point - PR 0111.00ls200258--458.00/ls4586 Roof Accessories200258/ea458 THERMAL & MOISTURE PROT.200258/sf458Estimate TotalsDescriptionAmountTotalsHoursRateLabor3006.180hrsMaterial358SubcontractEquipmentOther658658General Liability Insurance60.890%Gross Receipts Tax71.000%Bond50.750%Construction Fee345.000%52710Total710146 Shipped Weight: 5.00 Customer acceptance signature:____________________Date : __________________ ALL ITEMS AND QUANTITIES REQUIRE CUSTOMER REVIEW AND APPROVAL AVAILABILITY AND LEAD TIMES ARE SUBJECT TO CHANGE SPECIAL ORDERED ITEMS ARE SUBJECT TO MANUFACTURER APPROVAL PRIOR TO RETURN. QUOTE IS SUBJECT TO EXPIRATION AS INDICATED IN THE ABOVE 02/23/2024 DATE. The White Cap Family of Brands includes All-Tex Waterproofing Solutions, Harmac, Kenseal, Marvel Building & Masonry Supply, MASONPRO, and Williams Equipment & Supply. Learn more at About.WhiteCap.com. ON ACCOUNT 57412968 680 - WC Bozeman MT (BW) 398 Graves Trail Bozeman, MT, 59718 (406) 585-3364 QUOTE 57412968 THIS IS A QUOTE ONLY DO NOT SHIP OR TENDER FUNDS Sold To:10000422859 MARTEL CONSTRUCTION INC. 1203 S CHURCH AVE BOZEMAN, MT, 59715-5801 Ship To :MARTEL CONSTRUCTION INC./ YARD,10003593337 1203 S CHURCH AVE BOZEMAN, MT, 59715-5801 Job Site Contact: Job Site Phone: Map #: 05:18 PM Ordered By: TIM SHEA Contact Phone: 406-9462032 Quote Number Quote Date Valid Until Request Date Sales Person 57412968 01/30/2024 02/23/2024 Fagg, Z Terms Shipping Method Quote Name Customer PO Created By N30D DIRECT SHIP QUOTE ONLY Hoefler, R SEQ Part#Description Ord Quantity U/M Price Amount H/M Unit WT COO 10 SP/00601-15 CB-1-B WALL ANCHOR THIS ITEM IS SPECIAL ORDER AND MAY BE NON-RETURNABLE 1 EA $225.12 $225.12 5 LBS 20 FREIGHTDIRECT DIRECT FREIGHT SERVICES 1 EA $32.97 $32.97 0 LBS Shipped amount $258.09 Order charges $0.00 Tax amount $0.00 Lumber Tax rate/amount 1.00%$0.00 Quote total $258.09 147 February 7, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 026 Pricing Request No.PR 012 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 026 PR 012 Add upright heads at fire suppression REFERENCE: PR 012 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:10,047.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 148 Spreadsheet ReportPage 1BFS2 COR 018 PR 10 Added Camera Location2/7/2024 12:58 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Cost/UnitTotal Amount21-0000FIRE SUPPRESSION1Fire Suppression2Fire Suppression Systems - PR 012 Add uprightheads at fire suppression47.00EA--9,316--198.21/EA9,3163 Fire Suppression9,316/sf9,316 FIRE SUPPRESSION9,3169,316Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract9,316EquipmentOther9,3169,316General Liability Insurance890.890%Gross Receipts Tax931.000%Bond710.750%Construction Fee4785.000%73110,047Total10,047149 150 151 February 7, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 027 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: CoB will not use MSU Irrigation Line - MSU Non Potable Water Line Connection will not be connected (credit back to Owner for PR 002) REFERENCE: PR 002 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:(7,551.00)$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 152 Spreadsheet ReportPage 1BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation2/7/2024 1:27 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Cost/UnitTotal Amount32-0000SITE IMPROVEMENTS1Irrigation Systems2Irrigation System1.00Allw--(7,000)--/Allw(7,000)3 Irrigation Systems(7,000)/sf(7,000) SITE IMPROVEMENTS(7,000)(7,000)Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract(7,000)EquipmentOther(7,000)(7,000)General Liability Insurance(67)0.890%Gross Receipts Tax(70)1.000%Bond(54)0.750%Construction Fee(360)5.000%(551)(7,551)Total(7,551)153 February 23, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 030 Pricing Request No.RFP PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 030 RFP Design Build PV System REFERENCE: RFP PV System Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:33,103.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 154 Spreadsheet ReportPage 1BFS2 COR 024 - RFI #73 VRF System layout & changes2/22/2024 5:54 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Cost/UnitTotal Amount26-0000ELECTRICAL1Photovoltaic Energy Equipment2Photovoltaic Energy Equipment - OnSite Energyls--123,402--/ls123,4023 Photovoltaic Energy Equipment123,402/ls123,402 ELECTRICAL123,402/sf123,402Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract123,402EquipmentOther123,402123,402General Liability Insurance1,1850.890%Gross Receipts Tax1,2341.000%Bond9440.750%Construction Fee6,3385.000%9,701133,103Total133,103155 156 157 www.onsiteenergyinc.com (406) 551-6135 1515 N. Rouse Ave. Bozeman MT 59715 To: Mike Wilkinson, Martel Construction From: Conor Darby, OnSite Energy Re: Bozeman Fire Station #2 PV System Date: 2/13/24 Mike, Per the bid form request, this is to state the product data for the installation at the Bozeman Fire Station #2: Solar Modules: QCells 590-Watt modules (Qty. 84, Total Array DC Rating: 49.5 kW) Inverter: SMA Core 1 50 kW AC / 480 V 3-Phase Inverter Racking: Panel Claw 10-Degree Ballast Racking System Thanks for this opportunity. Conor Darby OnSite Energy, Inc. 158 Caution: Photovoltaic system performance predictions calculated by PVWatts® include many inherent assumptions anduncertainties and do not reflect variations between PV technologies nor site-specific characteristics except as represented byPVWatts® inputs. For example, PV modules with better performance are not differentiated within PVWatts® from lesserperforming modules. Both NREL and private companies provide more sophisticated PV modeling tools (such as the System AdvisorModel at //sam.nrel.gov) that allow for more precise and complex modeling of PV systems. The expected range is based on 30 years of actual weather data at the given locationand is intended to provide an indication of the variation you might see. For more information, please refer to this NREL report:The Error Report. Disclaimer: The PVWatts® Model ("Model") is provided by the National RenewableEnergy Laboratory ("NREL"), which is operated by the Alliance for Sustainable Energy, LLC ("Alliance") for the U.S.Department Of Energy ("DOE") and may be used for any purpose whatsoever. The names DOE/NREL/ALLIANCE shall not be used in any representation, advertising, publicity or other manner whatsoever toendorse or promote any entity that adopts or uses the Model. DOE/NREL/ALLIANCE shall not provide any support, consulting, trainingor assistance of any kind with regard to the use of the Model or any updates, revisions or new versions of the Model. YOU AGREE TO INDEMNIFY DOE/NREL/ALLIANCE, AND ITS AFFILIATES,OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS'FEES, RELATED TO YOUR USE, RELIANCE, OR ADOPTION OF THE MODEL FOR ANY PURPOSE WHATSOEVER. THE MODEL ISPROVIDED BY DOE/NREL/ALLIANCE 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOTLIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLYDISCLAIMED. IN NO EVENT SHALL DOE/NREL/ALLIANCE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIALDAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS ASSOCIATED WITH THE LOSS OF DATA OR PROFITS, WHICH MAY RESULT FROM ANYACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CLAIM THAT ARISES OUT OF OR IN CONNECTION WITH THE USE ORPERFORMANCE OF THE MODEL. The energy output range is based on analysis of 30 years of historical weather data, and is intended to provide anindication of the possible interannualvariability in generation for a Fixed (open rack) PV system at this location. System output may range from 62,615,397 to 67,516,459 kWh per year near this location. Month Solar Radiation ( kWh / m2 / day ) AC Energy ( kWh ) January 2.04 2,641,774 February 3.17 3,744,241 March 4.48 5,582,096 April 5.84 6,861,973 May 6.28 7,297,916 June 7.16 7,802,877 July 7.42 7,992,158 August 6.60 7,230,366 September 5.09 5,653,985 October 3.43 4,165,317 November 2.45 3,007,841 December 1.74 2,253,552 Annual 4.64 64,234,096 Location and Station Identification Requested Location 575 West Kagy Blvd, Bozeman, MT 59718 Weather Data Source Lat, Lng: 45.65, -111.06 1.0 mi Latitude 45.65° N Longitude 111.06° W PV System Specifications DC System Size 49560 kW Module Type Standard Array Type Fixed (roof mount) System Losses 14.08% Array Tilt 10° Array Azimuth 180° DC to AC Size Ratio 1 Inverter Efficiency 97% Ground Coverage Ratio 0.4 Albedo From weather file Bifacial Yes (0.7) Monthly Irradiance Loss Jan Feb Mar Apr May June 0%0%0%0%0%0% July Aug Sept Oct Nov Dec 0%0%0%0%0%0% 159 Performance Metrics DC Capacity Factor 14.8% 160 SOLAR PHOTOVOLTAIC SYSTEM STATEMENT OF WARRANTY COVERAGE The installation warranty requirement of OnSite Energy is as follows (this warranty supersedes all other warranties for the time periods stated): OnSite Energy will provide a full parts and labor installation warranty for the entire system for two (2) years from the date of installation as evidenced by final inspection approval from the Authority Having Jurisdiction (AHJ) according to the terms of the following paragraph. The full parts and labor installation warranty includes, but is not limited to, any and all component failure(s), whether it is covered by the original manufacturer or not, and any and all installation-related defect(s) or malfunction(s). Any manufacturer’s warranty(ies) are in addition to, not in lieu of, the installation warranty. The full parts and labor installation warranty is not required to cover problems resulting from exposure to harmful materials and chemical, fire, flood, lightning, hurricane, tornado, hailstorm, earthquake, or other Force Majeure events, vandalism, or alteration of the system by anyone not authorized by OnSite Energy, or any other cause beyond the control of OnSite Energy. OnSite Energy also provides, in addition to the above warranty, a limited parts and labor installation warranty for fifteen (15) years from the date of installation as evidenced by final inspection approval from the AHJ as follows: The limited parts and labor warranty includes any and all installation-related defect(s) and malfunction(s). OnSite Energy will provide the labor for service related to any manufacturer’s warranty(ies), but will not cover the inverter or solar module failure. The limited parts and labor installation warranty is not required to cover problems resulting from exposure to harmful materials and chemical, fire, flood, lightning, hurricane, tornado, hailstorm, earthquake, or other Force Majeure events, vandalism, or alteration of the system by anyone not authorized by OnSite Energy, or any other cause beyond the control of OnSite Energy. Installation-related defects and malfunctions do include roof leaks which are a result of the solar installation. In the event of a roof leak caused by the solar installation, OnSite Energy will repair the leak and cover any damage to the house that is caused by the leak. 161 GMP AMENDMENT NO. 5  TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER    Pursuant to Subparagraphs 3.7.1‐3.7.4 and 4.1 of the Preconstruction Services Conditions Agreement  between Owner and Construction Manager this amendment dated the 19th day of March, 2024,  between City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Fire Station No.  2 Relocation Project, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion  of the Project as set forth below:  GUARANTEED MAXIMUM PRICE FOR BOZEMAN FIRE STATION #2 FULL PROJECT  The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the  Work and the Construction Manager’s Fee is as follows:  Early Work Amendment No. 1      $302,663.00  General Requirements 14 Months     $596,412.00  Site Work Complete       $1,203,480.00  Building Construction        $8,505,637.00  Subtotal        $10,608,192.00  General Liability Insurance      $102,469.00  Gross Receipts Tax       $114,883.00  Builders Risk        $11,892.00  Bond         $86,212.00  Construction Fee       $536,062.00  Construction Contingency      $202,555.00  PV Construction Contingency      $123,402.00  AMENDMENT # 4 GUARANTEED MAXIMUM PRICE    $11,785,667.00    CONTRACT TIME  The anticipated date of Certificate of Occupancy for the Work outlined above is:  June 20th, 2024    OWNER:     CONTRACTOR:  City of Bozeman    Martel Construction, Inc.  121 N. Rouse Ave.    1203 S. Church Ave.  Bozeman, MT 59715    Bozeman, MT 59715    By:__________________________  By: __________________________      Jeff Mihelich, City Manager          Jason Martel, Executive Vice President  162 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Resolution 5590 relating to up to $2,280,000 in principal amount of general obligation bonds and up to $3,930,000 in principal amount of limited tax general obligation bonds and authorizing the issuance and public safe thereof, for the purpose of financing improvements to the Swim Center, Lindley Center, and Bogert Pool. MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve Resolution 5590. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: On November 2, 2021, City of Bozeman voters authorized this Commission to sell and issue general obligation bonds of the City in the aggregate principal amount not to exceed $2,280,000 for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to: the Bozeman Swim Center to include replacing perimeter drain tiles (gutter system), deck tiles, and ceiling tiles, repairing the plaster shell, and replacing the HVAC system; the Bogert Pool to include replacing the concrete coping around the pool and the concrete gutter system, re-plastering the shell, repairing the concrete deck, and replacing the perimeter wall/fence; and the Lindley Center to include upgrading restrooms to meet current Americans with Disabilities Act requirements, replacing windows and log siding, upgrading the kitchen, insulating the east roof, installing floor and roof supports, improving the parking lot and related site improvements (the “Initial Improvements”); and costs associated with the sale and issuance of the bonds. In its engineering in advance of making the Initial Improvements, the City has determined that the Bozeman Swim Center, Bogert Pool and Lindley Center each require improvements and renovations in addition to the Initial Improvements (collectively, the “Additional Improvements”). 163 The City has determined at this time to sell and issue general obligation bonds of the City (the “Series 2024A Bonds”) to finance or reimburse the City for costs of the Initial Improvements and to pay costs of issuing the Series 2024A Bonds, and to sell and issue limited tax general obligation bonds of the City (the “Series 2024B Bonds”) to finance or reimburse the City for costs of the Additional Improvements and to pay costs of issuing the Series 2024B Bonds. UNRESOLVED ISSUES:None. ALTERNATIVES:The adopted Capital Improvement Plan, City financial models, and the City Manager's Recommended Budget for the 2024-2026 biennium include debt proceeds to pay for the projects identified. If the bonds were not authorized, additional funding would need to be identified to complete these projects. FISCAL EFFECTS:Debt proceeds and all future debt service payments are included in long- term financial plans and the City Manager's Recommended Biennial Budget for the 2024-2026 biennium. Attachments: Resolution 5590 Authorizing the Issuance and Public Safe of General Obligation Bonds-FINAL.docx Report compiled on: March 7, 2024 164 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 1 RESOLUTION NO. 5590 RESOLUTION RELATING TO UP TO $2,280,000 IN PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS AND UP TO $3,930,000 IN PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) as follows: Section 1 Recitals. Pursuant to Section 7-7-4221, Montana Code Annotated (“MCA”), the City is authorized, upon approval of the electorate of the City, to issue general obligation bonds secured by the full faith and credit and taxing power 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 the taxable property of the City, determined as provided in Section 15-8-111, MCA, ascertained by the last assessment for state and county taxes. In addition, pursuant to Section 7-7- 4104, MCA, the City is authorized to issue general obligations not secured by a pledge of the City’s taxing power without submitting the question of incurring the indebtedness to the electors upon the satisfaction of certain conditions, including that (1) the principal amount of the obligation may not exceed 10% of the general fund budget of the municipality in each of the two immediately preceding fiscal years; (2) at the time the obligation is incurred, the debt service in the current or any future fiscal year on the obligation and any other outstanding obligation issued pursuant to Section 7-7-4104, MCA, does not exceed 2% of the revenues deposited in the general fund of the 165 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 2 municipality in each of the two immediately preceding fiscal years; and (3) the term of the obligation does not exceed 20 years. The electors of the City at an election duly called, noticed and held on November 2, 2021, authorized this Commission to sell and issue general obligation bonds of the City in the aggregate principal amount not to exceed $2,280,000 for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to: the Bozeman Swim Center to include replacing perimeter drain tiles (gutter system), deck tiles, and ceiling tiles, repairing the plaster shell, and replacing the HVAC system; the Bogert Pool to include replacing the concrete coping around the pool and the concrete gutter system, re-plastering the shell, repairing the concrete deck, and replacing the perimeter wall/fence; and the Lindley Center to include upgrading restrooms to meet current Americans with Disabilities Act requirements, replacing windows and log siding, upgrading the kitchen, insulating the east roof, installing floor and roof supports, improving the parking lot and related site improvements (the “Initial Improvements”); and costs associated with the sale and issuance of the bonds. In its engineering in advance of making the Initial Improvements, the City has determined that the Bozeman Swim Center, Bogert Pool and Lindley Center each require improvements and renovations in addition to the Initial Improvements (collectively, the “Additional Improvements”). The City has determined at this time to sell and issue general obligation bonds of the City (the “Series 2024A Bonds”) to finance or reimburse the City for costs of the Initial Improvements and to pay costs of issuing the Series 2024A Bonds, and to sell and issue limited tax general obligation bonds of the City (the “Series 2024B Bonds”) to finance or reimburse the City for costs of the Additional Improvements and to pay costs of issuing the Series 2024B Bonds. The Series 2024A Bonds and Series 2024B Bonds are referred to collectively herein as the “Series 2024 Bonds.” The total assessed value of the taxable property of the City, ascertained by the last assessment for state and county taxes, was equal to $17,730,663,050 (2.5% equals $443,266,576.25). The issuance of the Series 2024A Bonds in the principal amount of $2,280,000 will not cause the total indebtedness of the City to exceed the limitation set forth in Section 7-7- 4201, MCA. 166 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 3 The City’s general fund budgets for the fiscal years ended June 30, 2022 and 2023 were $39,306,358 (10% equals $3,930,636) and $46,726,481 (10% equals $4,672,648), respectively. Revenues deposited in the general fund of the City for the fiscal years ended June 30, 2022 and 2023 were $32,954,190 (2% equals $659,084) and $43,234,377 (2% equals $864,688), respectively. Section 2 Public Sale. The Series 2024 Bonds shall be offered and sold at a public competitive sale pursuant to certain Terms and Conditions of Sale (the “Terms and Conditions”) to be determined and finalized with respect to each series of Series 2024 Bonds by the City Manager and City Finance Director, inconsultation with Baker Tilly Municipal Advisors LLC, as municipal advisor to the City (“Baker Tilly”). For each series of Series 2024 Bonds, the City Manager and City Finance Director shall determine the date and time that bids will be opened and tabulated. The City Manager and City Finance Director will prepare or cause to be prepared a notice of the sale of each series of Series 2024 Bonds, expected to be substantially in the forms attached as Exhibit A and Exhibit B, and the City Clerk is authorized and directed to cause notice of the sale of each series of Series 2024 Bonds to be published in the Bozeman Chronicle or otherwise in accordance with state law. Following tabulation of bids, the City Manager and City Finance Director will award the sale of each series of Series 2024 Bonds to the responsive bidder with the lowest true interest cost; subject to approval and confirmation by the Commission. With respect to either series of Series 2024 Bonds, the City Manager and City Finance Director shall have the right to reject any and all bids in their sole discretion and to waive any informality and irregularity in any and all bids. In the event that all bids are rejected, the City Manager and City Finance Director are authorized to initiate a new public, competitive sale of either series of Series 2024 Bonds and to prepare such additional Terms and Conditions, offering materials and notices, in accordance with this resolution. The forms of the Series 2024 Bonds and the final terms and conditions of each series thereof will be set forth in a subsequent resolution or resolutions to be adopted by this Commission following the award of the sale of such Series 2024 Bonds. 167 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 4 Section 3 Authorization to Award Sale; Parameters. Following tabulation of the bids as described in Section 2, the City Manager and City Finance Director are hereby authorized to award the sale of each series of the Series 2024 Bonds, in their discretion, subject to ratification and confirmation by the Commission, on the terms and at a purchase price subject, with respect to each series of Series 2024 Bonds, to the following limitations and conditions: (a)the aggregate principal amount of the Series 2024A Bonds shall not exceed $2,280,000 (exclusive of original issue premium or discount); (b)the aggregate principal amount of the Series 2024B Bonds shall not exceed $3,930,000, which is 10% of the general fund budget of the municipality in the lower of the two preceding fiscal years; (c)the debt service payable in the current or any future fiscal year on the Series 2024B Bonds and all other outstanding limited tax general obligations of the City shall not exceed $659,084, which is 2% of the revenues deposited in the general fund of the municipality in the lower of the two preceding fiscal years; (d)the purchase price of each series of Series 2024 Bonds shall not be less than 97% of the principal amount thereof; (e)the true interest cost of the Series 2024A Bonds shall not exceed 5.00% and the true interest cost of the Series 2024B Bonds shall not exceed 5.00%; (f)the term of the Series 2024A Bonds shall not exceed twenty (20) years; and (g)the Series 2024B Bonds shall finally mature not later than twenty (20) years after the date of issuance. The Series 2024 Bonds will be dated, as originally issued, as of their date of delivery. The Series 2024 Bonds with stated maturities on or after July 1, 2034 will be subject to redemption on July 1, 2033, and any date thereafter, at the option of the City, in whole or in part, at a redemption price 168 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 5 equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date, without premium. Section 4 Expected Denominations The Series 2024A Bonds are expected to mature, subject to redemption as hereinafter provided, on July 1 in each of the following years and amounts (unless combined into one or more term bonds), subject to adjustment as described below: Year Principal Amount(1)Year Principal Amount(1) 2025 $ 75,000 2035 $110,000 2026 85,000 2036 115,000 2027 90,000 2037 120,000 2028 90,000 2038 125,000 2029 95,000 2039 130,000 2030 95,000 2040 135,000 2031 100,000 2041 140,000 2032 105,000 2042 145,000 2033 105,000 2043 150,000 2034 110,000 2044 160,000 (1) Preliminary; subject to change. The Series 2024B Bonds are expected to mature, subject to redemption as hereinafter provided, on July 1 in each of the following years and amounts (unless combined into one or more term bonds), subject to adjustment as described below: Year Principal Amount(1)Year Principal Amount(1) 2025 $115,000 2035 $180,000 2026 140,000 2036 185,000 2027 140,000 2037 190,000 2028 145,000 2038 200,000 2029 150,000 2039 210,000 2030 155,000 2040 340,000 2031 160,000 2041 355,000 2032 165,000 2042 370,000 2033 170,000 2043 385,000 2034 175,000 (1) Preliminary; subject to change. 169 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 6 The City reserves the right, after bids are opened and prior to award, to increase or decrease the amount of any maturity or maturities in multiples of $5,000 in order to produce sufficient net proceeds and to meet the City’s structuring goals. Section 5 Preliminary Official Statement. The City Manager, City Finance Director and other officers of the City, in consultation with Baker Tilly, are hereby authorized and directed to prepare, on behalf of the City, one or more Preliminary Official Statements to be distributed to potential bidders. The Preliminary Official Statement(s) shall contain the Terms and Conditions and such other information as shall be advisable and necessary to describe accurately the City, the terms and conditions of each series of Series 2024 Bonds and the security therefor. The City Manager and City Finance Director are authorized on behalf of the City to deem each Preliminary Official Statement near “final” as of its date, in accordance with Rule 15c2-12(b)(1) under the Securities Exchange Act of 1934. Section 6 Continuing Disclosure. In order to permit bidders for each series of Series 2024 Bonds and other participating underwriters in the primary offering of such series of Series 2024 Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the “Rule”), the City will covenant and agree for the benefit of the registered holders and beneficial owners from time to time of such outstanding series of Series 2024 Bonds, to provide annual reports of specified information and notice of the occurrence of certain events. The City is the only “obligated person” in respect of the Series 2024 Bonds within the meaning of the Rule for the purposes of disclosing information on an ongoing basis. A description of the undertaking will be set forth in the Preliminary Official Statement(s). Failure of the City to enter into an undertaking substantially similar to that described in the applicable Preliminary Official Statement would relieve the successful bidder of its obligation to purchase the applicable series of Series 2024 Bonds. 170 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 7 Section 7 Effective Date. This Resolution shall become effective upon passage. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of March, 2024. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 171 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting City Clerk of the City of Bozeman, Montana (the “City”), hereby certify that attached hereto is a true copy of Resolution No. 5590 entitled: “RESOLUTION RELATING TO UP TO $2,280,000 IN PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS AND UP TO $3,930,000 IN PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission at a meeting on March 19, 2024, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 19th day of March, 2024. Michael Maas City Clerk 172 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds EXHIBIT A Form of Notice of Sale of Series 2024A Bonds NOTICE OF SALE OF $2,280,000 GENERAL OBLIGATION BONDS, SERIES 2024A CITY OF BOZEMAN, MONTANA Notice is hereby given that the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), will receive bids for the purchase of General Obligation Bonds, Series 2024A, in the aggregate principal amount of $2,280,000 (the “Series 2024A Bonds”). The proceeds of the Series 2024A Bonds will be used by the City to (i) finance or reimburse the City for a portion of the costs of improvements to the Bozeman Swim Center, Bogert Pool and Lindley Center; and (ii) pay the costs associated with the sale of the Series 2024A Bonds. The Series 2024A Bonds, including interest thereon, are general obligations of the City payable from the proceeds of an ad valorem tax that the City will covenant to levy annually on all taxable property within the City, without limitation as to rate or amount. The Series 2024A Bonds shall be dated, as originally issued, as of their date of delivery, expected to be May 16, 2024, and shall bear interest payable semiannually on January 1 and July 1 of each year, commencing January 1, 2025, to the registered owners of the Series 2024A Bonds as such appear in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month, at a rate or rates designated by the successful bidder at public sale and approved by the Commission. Interest will be calculated on the basis of a 360-day year consisting of twelve 30-day months. Bids shall be for not less than $2,280,000.00, plus accrued interest, if any, on the total principal amount of the Series 2024A Bonds. The Series 2024A Bonds shall mature, subject to redemption as hereinafter provided, on July 1 in each of the following years and amounts (unless combined into one or more term bonds), subject to adjustment as described below: Year Principal Amount(1)Year Principal Amount(1) 2025 $ 75,000 2035 $110,000 2026 85,000 2036 115,000 2027 90,000 2037 120,000 2028 90,000 2038 125,000 2029 95,000 2039 130,000 2030 95,000 2040 135,000 2031 100,000 2041 140,000 2032 105,000 2042 145,000 2033 105,000 2043 150,000 2034 110,000 2044 160,000 (1) Preliminary; subject to change. 173 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds The City reserves the right, after bids are opened and prior to award, to increase or decrease the amount of any maturity or maturities in multiples of $5,000 in order to produce sufficient net proceeds and to meet the City’s structuring goals. The Series 2024A Bonds with stated maturities on or after July 1, 2034 will be subject to redemption on July 1, 2033, and any date thereafter, at the option of the City, in whole or in part, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date, without premium. If less than all of the Series 2024A Bonds are to be redeemed, the Series 2024A Bonds to be redeemed shall be from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City). The Series 2024A Bonds shall be in the denomination of $5,000 each or any integral multiple thereof of single maturities. The Series 2024A Bonds will be issued as fully registered bonds only. The Series 2024A Bonds will be issued in book-entry only form. The City reserves the right to reject any and all bids and to sell the Series 2024 Bonds at a private or other sale. Bids will be received by Baker Tilly Municipal Advisors, LLC, the City’s municipal advisor or by electronic transmission through PARITY®pursuant to the instructions set forth herein until 10:00 a.m., M.T., on Tuesday, April 16, 2024, at which time bids will be opened and tabulated. The tabulation of bids will be presented to a designated Pricing Committee subsequent to the opening of bids, at which time the Pricing Committee will consider the bids received and, if a responsive and acceptable bid is received, award sale of the Series 2024A Bonds to the bidder with the lowest true interest cost, subject to approval and confirmation by the Commission. To have its bid considered for award, the successful bidder is required to submit a good faith deposit via wire transfer to the City in the amount of $45,600.00 no later than 1:00 p.m. M.T. on Tuesday, April 16, 2024. Prospective bidders should consult the Terms and Conditions of Sale and the Preliminary Official Statement for a detailed description of the Series 2024A Bonds, the security therefor, and the form of legal opinion proposed to be rendered by Dorsey & Whitney LLP, of Missoula, Montana, as bond counsel. For an electronic copy of the Preliminary Official Statement or for any additional information prior to sale, prospective purchasers are referred to the Municipal Advisor to the City, Baker Tilly Municipal Advisors, LLC, by telephone (651) 223 3000, or by email: bids@bakertilly.com. Dated: May 19, 2024. BY ORDER OF THE CITY COMMISSION Publish:April 7, 2024 April 14, 2024 174 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds EXHIBIT B Form of Notice of Sale of Series 2024B Bonds NOTICE OF SALE OF $3,930,000 LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2024B CITY OF BOZEMAN, MONTANA Notice is hereby given that the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), will receive bids for the purchase of Limited Tax General Obligation Bonds, Series 2024B, in the aggregate principal amount of $3,930,000 (the “Series 2024B Bonds”), subject to adjustment as described below. The proceeds of the Series 2024B Bonds will be used by the City to (i) finance or reimburse the City for a portion of the costs of improvements to the Bozeman Swim Center, Bogert Pool and Lindley Center; and (ii) pay the costs associated with the sale of the Series 2024B Bonds. The Series 2024B Bonds, including interest thereon, are general obligations of the City payable from legally available funds of the City. The general credit of the City is irrevocably pledged for the prompt payment of the principal and interest on the Series 2024B Bonds as they become due, however, the Series 2024B Bonds are not secured by a pledge of the City’s taxing power and the City cannot be obligated to levy taxes for the payment of principal of and interest on the Series 2024B Bonds. The Series 2024B Bonds shall be dated, as originally issued, as of their date of delivery, expected to be May 16, 2024, and shall bear interest payable semiannually on January 1 and July 1 of each year, commencing January 1, 2025, to the registered owners of the Series 2024B Bonds as such appear in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month, at a rate or rates designated by the successful bidder at public sale and approved by the Commission. Interest will be calculated on the basis of a 360-day year consisting of twelve 30-day months. Bids shall be for not less than $3,930,000.00, plus accrued interest, if any, on the total principal amount of the Series 2024B Bonds. The Series 2024B Bonds shall mature, subject to redemption as hereinafter provided, on July 1 in each of the following years and amounts (unless combined into one or more term bonds), subject to adjustment as described below: Year Principal Amount(1)Year Principal Amount(1) 2025 $115,000 2035 $180,000 2026 140,000 2036 185,000 2027 140,000 2037 190,000 2028 145,000 2038 200,000 2029 150,000 2039 210,000 2030 155,000 2040 340,000 2031 160,000 2041 355,000 2032 165,000 2042 370,000 175 Resolution No. 5590, Authorizing the Issuance and Public Sale of General Obligation and Limited Tax General Obligation Bonds 2033 170,000 2043 385,000 2034 175,000 (1) Preliminary; subject to change. The City reserves the right, after bids are opened and prior to award, to increase or decrease the amount of any maturity or maturities in multiples of $5,000 in order to produce sufficient net proceeds and to meet the City’s structuring goals. The Series 2024B Bonds with stated maturities on or after July 1, 2034 will be subject to redemption on July 1, 2033, and any date thereafter, at the option of the City, in whole or in part, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date, without premium. If less than all of the Series 2024B Bonds are to be redeemed, the Series 2024B Bonds to be redeemed shall be from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City). The Series 2024B Bonds shall be in the denomination of $5,000 each or any integral multiple thereof of single maturities. The Series 2024B Bonds will be issued as fully registered bonds only. The Series 2024B Bonds will be issued in book-entry only form. Bids will be received by Baker Tilly Municipal Advisors, LLC, the City’s municipal advisor or by electronic transmission through PARITY®pursuant to the instructions set forth herein until 10:30 a.m., M.T., on Tuesday, April 16, 2024, at which time bids will be opened and tabulated. The tabulation of bids will be presented to a designated Pricing Committee subsequent to the opening of bids, at which time the Pricing Committee will consider the bids received and, if a responsive and acceptable bid is received, award sale of the Series 2024B Bonds to the bidder with the lowest true interest cost, subject to approval and confirmation by the Commission. To have its bid considered for award, the successful bidder is required to submit a good faith deposit via wire transfer to the City in the amount of $78,600.00 no later than 1:00 p.m. M.T. on Tuesday, April 16, 2024. Prospective bidders should consult the Terms and Conditions of Sale and the Preliminary Official Statement for a detailed description of the Series 2024B Bonds, the security therefor, and the form of legal opinion proposed to be rendered by Dorsey & Whitney LLP, of Missoula, Montana, as bond counsel. For an electronic copy of the Preliminary Official Statement or for any additional information prior to sale, prospective purchasers are referred to the Municipal Advisor to the City, Baker Tilly Municipal Advisors, LLC, by telephone (651) 223 3000, or by email: bids@bakertilly.com. Dated: May 19, 2024. BY ORDER OF THE CITY COMMISSION Publish:April 7, 2024 April 14, 2024 176 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2148, Final Adoption, Establishing a Zoning Designation of R-4, Residential High-Density District, and R-3, Residential Moderate Density District, in Association with the Annexation of 81.468 Acres, the Gran Cielo II Annexation generally Located on the Southeast corner of Stucky Road and South 27th Avenue, Application 22090 MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance 2148 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 Commission approved Application 22090 on June 13, 2023, to annex 81.468 acres and establish an initial zoning designation of R-4, Residential High-Density District and R-3, Residential Moderate Density District subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant on February 6, 2024. A signed annexation agreement was received on November 21, 2023. The Commission voted (4:1) to approve the annexation, Commissioner Madgic dissenting. The Commission unanimously approved the zone map amendment for the property. The property is located south of West Graf Street between South 27th Avenue and Fowler Lane. The application received public comment. Based on the public the comment the applicant revised their application to include a mix of R-3 and R-4. The final action approved the mix of R-3 and R-4 as shown on the attached zoning map. The proposed annexation would bring in additional right of way to build out sections of Kurk Drive, West Graf Street, Fowler Lane, and upon future development additional internal local street network. 177 The property is currently vacant with no existing development or city services on the parcel. Nearby municipal zoning includes R-4 on a portion of the southern border, R-3 on the south, east, and northeast sides. The remaining area is bordered by un-annexed property zoned A-S in the Gallatin County Bozeman Area Zoning District. The subject properties are within the urban planning and municipal service area for the City. the Commission provisionally adopted Ordinance #2148 (4:1) on February 27, 2024. UNRESOLVED ISSUES:There are no issues with this Ordinance. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 22090 GC II Ordinance 2148.pdf 011 Gran Cielo II Zone Map Amendment Exhibit - 24x36.pdf Report compiled on: February 28, 2024 178 Ord 2148 Page 1 of 6 ORDINANCE 2148 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 81.468 ACRES AS R-4, RESIDENTIAL HIGH-DENSITY DISTRICT AND R-3, RESIDENTIAL MODERATE DENSITY DISTRICT, KNOWN AS THE GRAN CIELO II ZONE MAP AMENDMENT, APPLICATION 22090. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) and R-3 (Residential Moderate Density District) for approximately 47.478 acres and 34.034 acres respectively has been properly submitted, reviewed, and advertised; and 179 Ordinance No. 2148, Gran Cielo II ZMA Page 2 of 6 WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 20, 2023 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission did not recommend the Bozeman City Commission that application No. 22090 the Gran Cielo II Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on May 2 and continued to June 13, 2023 to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the 180 Ordinance No. 2148, Gran Cielo II ZMA Page 3 of 6 application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Gran Cielo II Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-4, Residential High-Density District: An area of land comprised described as follows: A tract of land being Tract 1 of Certificate of Survey No. 2074 and portions of Tract A of Certificate of Survey No. 1861, all located in the North Half of the Southwest Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows; BEGINNING at the One-Quarter corner common to Section 22 & 23 of said Township and Range, which is a 1.5" aluminum cap; thence N 89°48'37" E a distance of 1335.12' to a 2" aluminum cap "4955S" at the CW 1/16 corner of said Section 23; thence N 89°46'57" E a distance of 129.42' to a calculated point; thence S 00°00'23" W a distance of 295.06' to a calculated point; thence N 89°48'37" E a distance of 118.08' to a calculated point; thence S 00°10'17" W a distance of 1036.19' to a calculated point; thence S 89°52'06" W a distance of 245.46' to a 2" aluminum cap "4955S" at the SW 1/16 corner of said Section 23; thence S 89°49'11" W a distance of 1331.64' to a 2" O.D. iron pipe at the S 1/16 corner common to said Sections 22 & 23; 181 Ordinance No. 2148, Gran Cielo II ZMA Page 4 of 6 thence N 00°06'11" W a distance of 1330.70' to the point of beginning, containing 47.478 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. That the zoning district designation of the following-described property is hereby designated as R-3, Residential Moderate Density District: An area of land comprised described as follows: A tract of land being portions of Tract A of Certificate of Survey No. 1861, located in the North Half of the Southwest Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows; BEGINNING at a calculated point at the center of said Section 23; thence S 00°10'17" W a distance of 1332.94' to a calculated point at the CS 1/16 corner of said Section 23; thence S 89°52'06" W a distance of 1086.66' to a calculated point; thence N 00°10'17" E a distance of 1036.19' to a calculated point; thence S 89°48'37" W a distance of 118.08' to a calculated point; thence N 00°00'23" E a distance of 295.06' to a calculated point; thence N 89°46'57" E a distance of 1205.60' to the point of beginning, containing 34.034 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other 182 Ordinance No. 2148, Gran Cielo II ZMA Page 5 of 6 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 183 Ordinance No. 2148, Gran Cielo II ZMA Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2024. ____________________________________ TERENCE CUNNINGHAM 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 ________________, 2024. The effective date of this ordinance is _____________, ____, 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 184 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXOHP OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH P O H P O H P XXXX X X X X SWR SWR SWR SWR STM STM STM STM STMSTMSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWR SWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWRSWR SWR SWR SWR SWRSWRSWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWR SWRSWRSWRSWRSWRSWRSTMSTMSTMSTMSTMSTMSTMSTMSTMSTM STM STMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTM STM STMSTMSTMSTMSTMSTMSTMSTM SWRSWRSWRSWRSWRSWRSWRGRAF STREET KURK DRIVE S 27TH AVENUEFOWLER AVENUER4 - PROPOSED ZONING 47.478 ACRES R3 - PROPOSED ZONING 34.034 ACRES R4 - PROPOSED INITIAL ZONING DESIGNATION R3 - PROPOSED INITIAL ZONING DESIGNATION 1" = 0 SCALE 100' 200'50'100' GRAN CIELO II ZMA EX. B SHEETMADISON ENGINEERING895 TECHNOLOGY BLVD, SUITE 203BOZEMAN, MT 59718(406) 586-0262EXHIBIT B GRAN CIELO II ANNEXATION to BOZEMAN MONTANA A TRACT OF LAND SITUATED IN THE SW 1/4 OF SECTION23 T2S, R5E P.M.M. GALLTIN COUNTY MT GRAN CIELO IIINITIAL ZONINGDESIGNATION EXHIBITBOZEMAN MTTRACT 1 COS 2074 NW 1/4 SW 1/4 SECTION 28, T2S, R5E 40.735 ACXES 1,774,417 S.F. CURRENT ZONING: COUNTY (AGRICULTURAL SUBURBAN) PROPOSED ZONING: R4 PARCEL A COS 1861 NW 1/4 SW 1/4 SECTION 28, T2S, R5E 40.733 ACRES 1,776,072 S.F. CURRENT ZONING: COUNTY (AGRICULTURAL SUBURBAN) PROPOSED ZONING: R3 & R4 GRAN CIELO II ANNEXATION LEGAL DESCRIPTION: A TRACT OF LAND BEING TRACT 1 OF CERTIFICATE OF SURVEY NO. 2074 AND TRACT A OF CERTIFICATE OF SURVEY NO. 1861, ALL LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE ONE-QUARTER CORNER COMMON TO SECTION 22 & 23 OF SAID TOWNSHIP AND RANGE, WHICH IS A 1.5" ALUMINUM CAP; THENCE N 89°48'37" E A DISTANCE OF 1335.12' TO A 2" ALUMINUM CAP "4955S" AT THE CW 1/16 CORNER OF SAID SECTION 23; THENCE N 89°46'57" E A DISTANCE OF 1335.02' TO A CALCULATED POINT AT THE CENTER OF SAID SECTION 23; THENCE S 00°10'17" W A DISTANCE OF 1332.94' TO A CALCULATED POINT AT THE CS 1/16 CORNER OF SAID SECTION 23; THENCE S 89°52'06" W A DISTANCE OF 1332.12' TO A 2" ALUMINUM CAP "4955S" AT THE SW 1/16 CORNER OF SAID SECTION 23; THENCE S 89°49'11" W A DISTANCE OF 1331.64' TO A 2" O.D. IRON PIPE AT THE S 1/16 CORNER COMMON TO SAID SECTIONS 22 & 23; THENCE N 00°06'11" W A DISTANCE OF 1330.70' TO THE POINT OF BEGINNING, CONTAINING 81.512 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS OF RECORD OR APPARENT FROM VISUAL INSPECTION OF THE PROPERTY. 185 Memorandum REPORT TO:City Commission FROM:Mayor Terry Cunningham SUBJECT:Mayoral Proclamation for Anniversary of Cities for CEDAW MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Mayoral Proclamation for Anniversary of Cities for CEDAW STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:To proclaim Cities for CEDAW Anniversary UNRESOLVED ISSUES:none ALTERNATIVES:none FISCAL EFFECTS:none Attachments: Proclamation for Anniversary of Cities for CEDAW.pdf Report compiled on: March 11, 2024 186 Proclamation for Anniversary of Cities for CEDAW WHEREAS, March 8th has been designated by the United Nations as International Women’s Day and has been celebrated as such since 1997, and WHEREAS, by The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the United Nations General Assembly on December 18, 1979, became an international treaty as of September 3, 1981, and 186 UN member nations, have agreed to be bound by CEDAW’s provisions; and WHEREAS, CEDAW provides a comprehensive framework for governments to examine their policies and practices in relation to women and girls and to rectify discrimination based on sex against half the world’s population; and WHEREAS, Although women have made major gains in the struggle for equality in most fields, much more needs to be accomplished to fully eradicate discrimination based on sex and to achieve one of the most basic human rights, equality; and WHEREAS, City and County governments have an appropriate and legitimate role in affirming the importance of anti-discrimination as a universal norm, and to serve as guides for public policy; WHEREAS, Cities for CEDAW was launched at the United Nations Commission on the Status of Women in March 2014; and WHEREAS, in 2022, the Bozeman City Commission unanimously adopted resolution 5384 - the Bozeman Cities for CEDAW Resolution – joining 80 other US Cities in promoting the advancement and protection of Women and Girls in its community; NOW, THEREFORE, I Terry Cunningham, as Mayor of the City of Bozeman, proclaim that in March, 2024 the City of Bozeman is proud to celebrate International Women’s Day, the ten year anniversary of the launch of Cities for CEDAW initiative and the two year anniversary of Bozeman passing a Bozeman Cities for CEDAW resolution. Signed and Proclaimed this 19th day of March 2024. _________________________________ Terence Cunningham Mayor Bozeman, Montana 187 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Planned Development Zone, the MSU Innovation Campus Planned Development Zone Requesting a Sustainability/Resilient Design PDZ on 41.97 Acres and Amendment of the City Zoning Map to Change Zoning from BP, Business Park District, to B-2, Community Business District. The Property is generally located between West College and Garfield Streets and centered on Invention Drive. Application 23293 MEETING DATE:March 19, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23293 and move to recommend approval of the MSU Innovation Campus Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant is seeking a Planned Development Zone (PDZ) zone map amendment to the parcel known as the MSU Innovation Campus. The applicant is proposing a PDZ based on the B-2 zone with the relaxations outlined below. In exchange for these relaxations the applicant agrees that future development projects on the parcel will meet the conditions of the Sustainability/Resilient Design PDZ. Specifically, any future buildings and their associated site improvement will demonstrate a reduction of non- renewable energy use and water consumption of at least 25 percent. Per the MSUIC Planned Development Zone (PDZ) project narrative submitted as part of preliminary PDZ application 23293, the applicant is seeking a zone map amendment to the parcel known as the MSU Innovation Campus and proposing a PDZ based on the B-2 zone with relaxations, which are outlined in the project narrative. In exchange for these relaxations, the applicant proposes that future development projects on the parcel will meet the 188 conditions of the Sustainability/Resilient Design PDZ (BMC Sec. 38.430.050.C.). 1. Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate in addition to the base zoning designation uses (B-2). 2. Building height. Allow an increase of building height from the base B-2 height, implementing the Regional Commercial Future Land Use designation from 75 or 90’ to 120’ for a roof pitch less than 3:12 and 135’ for a roof pitch greater than 3:12. An increase of 44 to 60 percent depending on roof pitch. 3. Parking. Eliminate minimum parking requirements for the district. 4. Non-residential signage. Allow up to 400 square feet of signage per building or an increase of 1,100 percent based on the proposed building areas. 5. Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by 30’ or an increase of 480 percent. The applicant acknowledges that that any referenced base district standards of the B-2 Zone or other standards not explicitly modified by the PDZ are subject to change if the B-2 base district is amended. The property has an approved Master Site Plan (Application 17027). UNRESOLVED ISSUES:There are no unresolved issues with this application. ALTERNATIVES:1. Approve the application with recommended contingencies and conditions of approval; 2. Approve the application with modifications to the recommended conditions of approval; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Planned Development Zone. Attachments: 23293 MSUIC PPDZ Staff Report CC 3-19-2024.pdf Report compiled on: February 14, 2024 189 Page 1 of 38 23293 Staff Report for the MSU Innovation Campus Planned Development Zone Public Hearing: Community Development Board meeting was held on February 5, 2024. City Commission hearing is on February 27, 2024, continued to March 19, 2024. Project Description: Planned Development Zone 23293 requesting a Sustainability/Resilient Design Planned Development Zone on 41.97 acres and amendment 23293 of the City Zoning Map to modify zoning from BP, Business Park District, to B-2, Community Business District. Project Location: Multiple addresses generally located between West College and Garfield Streets and centered on Invention Drive. More particularly described as Tract C1-A of the Amended Plat of West College Minor Subdivision No. 195B along with the south 70 feet of West College Street right of way, located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval with contingencies and conditions of approval. Recommended Zoning Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23293 and move to recommend approval of the MSU Innovation Campus PDZ Zone Map and Text Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 23293 and move to approve the MSU Innovation Campus PDZ Zone Map and Text Amendment, with contingencies required to complete the application processing. Recommended City Commission General Development Plan Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23293 and move to approve the MSU Innovation Campus General Development Plan with recommended conditions of approval. Report: February 14, 2024 Staff Contact: Tom Rogers, Senior Planner 190 Staff Report for the MSU Innovation Campus Planned Development Zone Page 2 of 38 Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues There are no unresolved issues with this application. Project Summary The applicant is seeking a Planned Development Zone (PDZ) zone map amendment to the parcel known as the MSU Innovation Campus. The applicant is proposing a PDZ based on the B-2 zone with the relaxations outlined below. Standards unique to this site are proposed as part of the text component of the PDZ. In exchange for these relaxations the applicant agrees that future development projects on the parcel will meet the conditions of the Sustainability/Resilient Design PDZ. Specifically, any future buildings and their associated site improvement will: 1. Demonstrate a reduction of water consumption of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in indoor water usage and 25% or greater reduction in outdoor water usage as part of the Site Plan submission documents. This documentation may take the form of modelling prepared by a professional engineer demonstrating the required water usage reduction as compared to a model building that meets City of Bozeman development code requirements and state-adopted plumbing code requirements at the time of the submission, or a declaration of intent to follow the prescriptive path as outlined in the most recent version of the Planned Development Zone Procedures Manual; and 2. Demonstrate a reduction of non-renewable energy use of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in non-renewable energy usage as part of the Building Permit submission documents. These calculations will be based on the most recently declared percentage of non-renewable energy within the energy mix as published by the energy utility at the time of submission. The reduction of the non-renewable energy portion of the delivered energy may include reductions in the energy use intensity (EUI) over a model building that meets City of Bozeman development code and state-adopted building code requirements at the 191 Staff Report for the MSU Innovation Campus Planned Development Zone Page 3 of 38 time of the submission, the production of on-site renewable energy, or a combination of the two. Per the MSUIC Planned Development Zone (PDZ) project narrative submitted as part of preliminary PDZ application 23293, the applicant is seeking a zone map amendment to the parcel known as the MSU Innovation Campus and proposing a PDZ based on the B-2 zone with relaxations, which are outlined in the project narrative. In exchange for these relaxations, the applicant proposes that future development projects on the parcel will meet the conditions of the Sustainability/Resilient Design PDZ (BMC Sec. 38.430.050.C.). The changes to standards and uses for this site and requested to be established through the PDZ are: 1. Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate in addition to the base zoning designation uses (B-2). 2. Building height. Allow an increase of building height from the base B-2 height, implementing the Regional Commercial Future Land Use designation from 75 or 90’ to 120’ for a roof pitch less than 3:12 and 135’ for a roof pitch greater than 3:12. An increase of 44 to 60 percent depending on roof pitch. 3. Parking. Eliminate minimum parking requirements for the district. 4. Non-residential signage. Allow up to 400 square feet of signage per building or an increase of 1,100 percent based on the proposed building areas. 5. Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by 30’ or an increase of 480 percent. The applicant acknowledges that that any referenced base district standards of the B-2 Zone or other standards not explicitly modified by the PDZ are subject to change if the B-2 base district is amended. The property has an approved Master Site Plan (Application 17027). See also Modification 22107. The Plan arranged the street network and general development areas on the site. Subsequently, three site plan applications have been reviewed, approved, and the building constructed including: Advance Research Lab Site Plan. Application 18-225 Industry Bozeman Site Plan. Application 21-304 Aurora Technologies Site Plan. Application 22-114 In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 192 Staff Report for the MSU Innovation Campus Planned Development Zone Page 4 of 38 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on February 5, 2024. The Board was supportive of the application and generally found the proposal meets the intent and purpose for Planned Development Zones with one area of concern. The area of concern is the relaxation of signage standards. A motion was made to strip the signage waiver. No second and the motion died. A second motion was made to state that the request for signage is an area of concern. The motion passed (4:1). In conclusion the Commission voted (5:0), as amended, to forward a recommendation to approve the zone map and text amendment as submitted to the City Commission. No public comment has been received on this application at the time of publication of this report. A complete record of the hearing can be viewed at the following web link starting at time stamp 2:24:30. https://bozeman.granicus.com/player/clip/2212?view_id=1&redirect=true Alternatives 1. Approve the application with recommended contingencies to the PDZ and conditions of approval for the General Development Plan; 2. Approve the application with modifications to the recommended conditions of approval for the General Development Plan; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 193 Staff Report for the MSU Innovation Campus Planned Development Zone Page 5 of 38 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 4 Alternatives ......................................................................................................................... 4 SECTION 1 - MAP SERIES .................................................................................................... 6 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL FOR PLANNED DEVELOPMENT ZONE GENERAL DEVELOPMENT PLAN .......................................... 11 SECTION 4 – CODE PROVISIONS ..................................................................................... 12 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13 Planned Development Zone (General Development Plan) ............................................... 13 Zone Map Amendment ..................................................................................................... 13 SECTION 6 - ZONING AMENDMENT STAFF ANALYSIS AND FINDINGS ................ 14 SECTION 7 – PLANNED DEVELOPMENT ZONE ANALYSIS AND FINDINGS .......... 30 SECTION 8 – GENERAL DEVELOPMENT PLAN ANALYSIS AND FINDINGS .......... 34 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 35 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 35 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 35 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 38 FISCAL EFFECTS ................................................................................................................. 38 ATTACHMENTS ................................................................................................................... 38 194 Staff Report for the MSU Innovation Campus Planned Development Zone Page 6 of 38 SECTION 1 - MAP SERIES Map 1: Project Vicinity Map 195 Staff Report for the MSU Innovation Campus Planned Development Zone Page 7 of 38 Map 2: BCP 2020 Future Land Use Map Subject Property 196 Staff Report for the MSU Innovation Campus Planned Development Zone Page 8 of 38 Map 3: Existing City Zoning 197 Page 9 of 38 Map 4: MSU Master Site Plan 198 Staff Report for the MSU Innovation Campus Planned Development Zone Page 10 of 38 Map 5: General Development Plan 199 Page 11 of 38 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “MSU Innovation Campus PDZ Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. The applicant must submit a zone amendment map, titled “MSU Innovation Campus PDZ Zone Map Amendment”, acceptable to the Director of Transportation and Engineering, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a mete and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and the individual zoning districts, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable mete and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL FOR PLANNED DEVELOPMENT ZONE GENERAL DEVELOPMENT PLAN The following conditions general development plan are recommended to enable the application to comply with the City’s adopted plans and codes and the requirements of state law for the provision of services. Recommended conditions of approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. No phasing granted with this application. 3. No signage approved with application. 200 Staff Report for the MSU Innovation Campus Planned Development Zone Page 12 of 38 4. Designated base zoning district will be B-2, Community Business District. 5. Upon final approval of the general development plan and zoning Ordinance the following relaxations are applied to the base zoning. a) Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate in addition to the base zoning designation uses (B-2). b) Building height. Allow an increase of building height from the base B-2 height, implementing the Regional Commercial Future Land Use designation from 75 or 90’ to 120’ for a roof pith less than 3:12 and 135’ for a roof pitch greater than 3:12. c) Parking. Eliminate minimum parking requirements for the district. d) Non-residential signage. Allow up to 400 square feet of signage per building. e) Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by 30’. 6. That all documents and exhibits necessary to establish the amended municipal zoning designation of PDZ shall be identified as the “MSUIC PDZ Zone Map Amendment”. SECTION 4 – CODE PROVISIONS Development Plan Code Provisions: 1. BMC 38.270.030 requires that all improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state, and accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as may be appropriate. 2. BMC 38.430.100.C(2). The applicant may submit to the director a written request for extension of time of up to two years to obtain the required building permit, and the director may approve such requests pursuant to section 38.230.140.F. 3. BMC 38.430.100.B. The preliminary development plan is valid for one year from date of approval. 4. BMC 38.430.080.B.1(b) No development granted with PDZ approval. Subsequent site plan review and possible approval is required prior to approval of any building permit(s). 5. BMC 38.430.100.C Upon, and if, Final PDZ GDP approval is granted, the final plan approval period is valid for three (3) years. 201 Staff Report for the MSU Innovation Campus Planned Development Zone Page 13 of 38 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Planned Development Zone (General Development Plan) Having considered the criteria established for a General Development Plan, the Development Review Committee (DRC) did not find any deficiencies that prohibit approval at this time that will not be addressed through future development review processes and adopted City Codes. The City Commission will hold a public meeting on the General Development Plan on February 27, 2024. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with a planned development zone application. Staff’s recommendation and staff responses are predicated on approval of the general development plan, application 23293. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application that cannot be addressed with adopted standards and requirements for future development. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on February 5, 2024, and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in will be held in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. The City Commission will hold a public hearing on the planned development zone and the general development plan on February 27, 2024. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, Members of the public will also be able to participate remotely via WebEx. Instructions for joining the meeting through electronic means will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. 202 Staff Report for the MSU Innovation Campus Planned Development Zone Page 14 of 38 SECTION 6 - ZONING AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Planned Development Zone applications amends both the zoning map and text. Both changes to the map and text must be analyzed against State review criteria of 76-2-304, Mont. Code Ann. However, depending on the nature and scope of the request, separate or combined zoning analysis will be provided. The MSUIC Planned Development Zone application proposes changing the zoning classification from BP to a base zone of B-2 and amending five areas of development standards. A combined map and text analysis is suitable for this application. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. 203 Staff Report for the MSU Innovation Campus Planned Development Zone Page 15 of 38 Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Regional Commercial and Services. The Regional Commercial and Services designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” The property underwent a growth policy amendment to change the future land use designation from Public Institutions to Regional Commercial and Services in 2022, see Application 22282. According to the application materials, the Innovation Campus had been in development under the auspices of the MSU Foundation and was therefore originally classified as Public Institution on the future land use map. Development oversight and ownership of the Innovation Campus has now transferred to a private entity and the scope of the intended development has shifted. A master site plan for the area has been reviewed and approved. The owners believe that a change in future land use designation and zoning change from PLI to B-P may be beneficial and enable development more consistent with the goals of the growth policy and their goals. 204 Staff Report for the MSU Innovation Campus Planned Development Zone Page 16 of 38 The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, the B-2 district is an implementing district of the Regional Commercial and Services category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of 205 Staff Report for the MSU Innovation Campus Planned Development Zone Page 17 of 38 more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant argues the proposed zone change in accordance with the Growth Policy by arguing, “The proposed zone map amendment from B-P to PDZ/B-2 will allow for similar land uses that are currently allowed on the parcel but will allow a greater density of this development. The increased density supports several goals and objectives of the Community Plan.” Further, relying heavily on the applicant analysis provided in the narrative submitted with the application, the following goals and objectives are submitted in support of the zoning change. Goal DCD-1: Support urban development within the City. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. The MSU-IC is well situated to support this goal and the relaxations requested will encourage more intensive development on the parcel. The principle arterial West College Street and the collector W. Garfield Street flank the property to the north and to the south. The campus is well supported by commercial services immediately to the west and is a short distance to services to the north and downtown to the east-north-east. Finally, the majority of the MSU campus is within a 1-mile radius. The inclusion of Light Manufacturing uses in this location is appropriate. Recently, the City modified its development code to allow Artisan Manufacturing in all commercial and Industrial zoning districts, except PLI. This change is a response to the changing forms of manufacturing in general. The MSUIC proposed uses integrate these changes. The buffers surrounding the site further support expanded uses on the subject property. Reducing minimum parking requirements in this location is reasonable. There is an approved Master site plan detailing the street network, building locations, general parking areas, and internal multi-modal circulation. The site is surrounded by Collector and Arterial streets that do not allow parking, except in certain situations. Other MSU property adjacent to the subject property are currently used for ag research, no parking allowed. Previously approved development has provided sufficient parking. Although the property is outside of the University Trip Exchange District [External PDF Link], the same principals may apply to this site depressing vehicle trips compared to similar developments elsewhere in the city. Therefore, is likely reduced parking will only impact tenants of the development and not the neighboring properties. DCD-1.2 Remove regulatory barriers to infill. The regulations associated with the existing B-P zoning designation encourages low-rise development with generous amounts of parking. The requested PDZ relaxations will 206 Staff Report for the MSU Innovation Campus Planned Development Zone Page 18 of 38 provide alternative development options, will potentially attract a more diverse array of potential tenant companies, and will allow for the development of this infill site to be accomplished in a way that is more aligned with the development goals of the city. DCD-1.10 Support University efforts to attract development near campus. The MSU Innovation Campus is designed to facilitate new and in-depth partnerships between MSU and private sector business. It has as a primary goal to accommodate appropriate development adjacent to campus and to foster opportunities for meaningful collaboration. In terms of non-residential development, the MSUIC is among the very most desirable locations, for the city and for the university, to support this goal. 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 with developed areas. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. The Innovation Campus is bounded by the principle arterial W. College Street to the North and the collector W. Garfield Street to the south. The principal arterials W. Main Street/Huffine and S. 19th Street are a short distance to the site. The requested relaxations would support this goal by allowing for a higher density of development along and in proximity to these main corridors. DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building methods and building code changes. The proposed relaxation of the maximum allowable building height for the campus would be in support of the intentions of this goal. Increased building height is appropriate for this location. As noted above there are substantial buffers surrounding the site that will mitigate potential impacts cause by greater building height. The property is designated as Regional Commercial and Services (RCS). When implementing the Regional Commercial and Services, the B-2 zone building height may be increased 50 percent. The applicant is modifying this to allow an additional 15 feet or one more story. The design of the approved master site plan, street configuration, and related conditions make the proposed change reasonable with the offset provided thought resiliency and sustainability. 207 Staff Report for the MSU Innovation Campus Planned Development Zone Page 19 of 38 DCD-2.9 Evaluate increasing the number of stories allowed in the centers of employment and activity while also directing height transitions down to adjacent neighborhoods. As a center of employment within the city, the proposed relaxation of the maximum allowable building height for the campus would be in direct support of this goal. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. The proposed relaxations, particularly those related to maximum building height and to minimum parking, would support this goal by allowing for an increased intensity of development in proximity to the commercial area centered on the intersection of W. College Street and Huffine as well as being adjacent to the city’s largest employer Montana State University. DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. The proposed relaxation to the minimum parking requirements would support this goal and would allow the MSUIC to treat the provided parking as a campus- wide supply rather than creating parking lots that would effectively be assigned to individual buildings. Reducing minimum parking requirements in this location is reasonable. There is an approved Master site plan detailing the street network, building locations, general parking areas, and internal multi-modal circulation. The site is surrounded by Collector and Arterial streets that do not allow parking, except in certain situations. Other MSU property adjacent to the subject property are currently used for ag research, no parking allowed. Previously approved development has provided sufficient parking. Although the property is outside of the University Trip Exchange District [External PDF Link], the same principals may apply to this site depressing vehicle trips compared to similar developments elsewhere in the city. Therefore, is likely reduced parking will only impact tenants of the development and not the neighboring properties. Goal EPO-3: Address climate change in the City’s plans and operations. EPO-3.3 Support water conservation, use of native plants in landscaping, and development of water reuse systems. The applicant is pursuing a PDZ through the Sustainability/Resilient Design path as defined by the City. The applicant will commit that all future development will demonstrate at least a 25% reduction of water consumption over a model building 208 Staff Report for the MSU Innovation Campus Planned Development Zone Page 20 of 38 allowed by the current plumbing and building codes. The approval of this PDZ, and the water savings that will be achieved in all future phases of development, will be in direct support of this water conservation goal. Comments from the City’s Water Conservation program commented that, “Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in indoor water usage and 25% or greater reduction in outdoor water usage as part of the Site Plan submission documents. This documentation may take the form of modeling prepared by a professional engineer demonstrating the required water usage reduction as compared to a model building that meets City of Bozeman development code requirements and state-adopted plumbing code requirements at the time of the submission, or a declaration of intent to follow the prescriptive path as outlined in the most recent version of the Planned Development Zone Procedures Manual.” EPO-3.4 Review and update landscape and open space standards for public and private open spaces to reduce water use. Likewise, review and update standards for reuse systems. As stated above, the applicant is pursuing a PDZ through the Sustainability/Resilient Design path as defined by the City. The applicant will commit that all future development, including the development of community and open space, will demonstrate at least a 25% reduction of water consumption over a development that would be allowed by the current plumbing and building codes. The approval of this PDZ, and the water savings that will be achieved in all future phases of development, will be in direct support of this water conservation goal. EPO-3.9 Integrate climate change considerations into development standards. As stated in the previous two goals, the applicant is pursuing a PDZ through the Sustainability/Resilient Design path as defined by the City. All future site development will demonstrate at least a 25% reduction of water consumption and a 25% reduction of non-renewable energy usage. As such, future developments on the parcel will provide areas for job growth within the city while reducing the impact of this growth on a finite water supply and on greenhouse gas emissions. Comments from the Sustainability Program commented that, “Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in non-renewable energy usage as part of the Building Permit submission documents. These calculations will be based on the most recently declared percentage of non-renewable energy within the energy mix as published by the energy utility at the time of submission. The reduction of the non-renewable energy portion of the delivered energy may include reductions in the energy use intensity (EUI) over a model 209 Staff Report for the MSU Innovation Campus Planned Development Zone Page 21 of 38 building that meets City of Bozeman development code and state-adopted building code requirements at the time of the submission, the production of on-site renewable energy, or a combination of the two.” Goal M-1: Ensure multimodal accessibility. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs and services in close proximity to one another. The MSUIC is an infill parcel that is envisioned as a center for technology jobs in southwest Montana. The campus is situated with significant retail and services to the west, single and multi-family neighborhoods to the north, and campus housing east of 19th Avenue. As such, the MSUIC is in a particularly advantageous position to encourage walking and bicycle trips as well as supporting the utilization of the bus network. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. The approval of the requested PDZ relaxation to remove parking minimums for all future development on the campus would be in direct support of this goal. As noted above, reducing minimum parking requirements in this location is reasonable. There is an approved Master site plan detailing the street network, building locations, general parking areas, and internal multi-modal circulation. The site is surrounded by Collector and Arterial streets that do not allow parking, except in certain situations. Other MSU property adjacent to the subject property are currently used for ag research, no parking allowed. Previously approved development has provided sufficient parking. Although the property is outside of the University Trip Exchange District [External PDF Link], the same principals may apply to this site depressing vehicle trips compared to similar developments elsewhere in the city. Therefore, is likely reduced parking will only impact tenants of the development and not the neighboring properties. Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. The proposed PDZ relaxations would allow for a significant increase in the density of development on the Innovation Campus. The ability to support more, and larger, technology companies in close proximity to each other supports the goals and objectives 210 Staff Report for the MSU Innovation Campus Planned Development Zone Page 22 of 38 of the Bozeman Economic Development Strategy. In particular, these increases would be in support of the identified knowledge- based industry cluster of Photonics, Software/IT, and Biotechnology. In addition, Objective 1.2 encourages investment in, and support of employment areas desired by traded sector business expansion; Objective 1.3 encourages the support of industry cluster collaboration; Objective 2.2 encourages the support of existing startup infrastructure; all of which are fundamental to the mission of the MSU-IC. In conclusion, staff finds no conflicts with the Growth Policy by the modification of the zoning map from BP to B-2 or the changes in text associated with the PDZ. Staff finds that the applicant has met the burden of proof in support of this application as required by the growth policy. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from PLI to B-2 is not likely to adversely impact safety from fire and other dangers. Further, the Fire Department reviewed the application and did not express concerns about serving the site with any of the proposed modifications to the standards of the development code. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. The proposed revisions to the B-2 base zone will not materially affect this criterion. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long-range facility Plans, the City’s capital improvements program, and 211 Staff Report for the MSU Innovation Campus Planned Development Zone Page 23 of 38 development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. Review of the master site plan now in place for the property evaluated capacity and found sufficient capacity exists. The change in uses is not expected to substantially alter required capacity. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation 212 Staff Report for the MSU Innovation Campus Planned Development Zone Page 24 of 38 requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. The applicant provided additional support by stating that, “While the applicant is requesting a relaxation of the maximum allowable height, the zoning designation will still have significant requirements for setbacks, buffering and lot coverage. All future developments on the campus will be required to conform to these building requirements which will ensure that future buildings will have adequate access to light and air.” F. The effect on motorized and non-motorized transportation systems. Criterion met. Staff diverges from the applicant’s assessment that this criterion is not met. Although final densities are not known, the existing transportation system including West Garfield, College, internal streets, and the proximity to 19th and Huffine Lane provide adequate infrastructure to support development including the proposed relaxations. All developments in the city are required to construct transportation system to accommodate their impacts on the system and this development is no exception. Internal and surrounding streets are constructed. Additional internal circulation systems will be required to accommodate all transportation needs including pedestrians and bicycles. The proposed zoning with relaxations will allow for a higher intensity than the base code allows. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The application requests a parking requirement of zero for this area. The subject property is a single parcel under control of a single developer. Responsibility for parking provision and management for all on-site users will be the responsibility of the landowner. 213 Staff Report for the MSU Innovation Campus Planned Development Zone Page 25 of 38 Due to the size and configuration of the property the Walk Score varies depending on where you request the data. Near the center of the subject property reveals a Walk Score of 24, a transit score of 23, and a bike score of 83. Average walk score for the city is 47 (down from 48) out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Regional Commercial and Services. These designations correlate with several zoning districts including the B-2 base district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. The uses 214 Staff Report for the MSU Innovation Campus Planned Development Zone Page 26 of 38 of the B-2 base district are already in place in adjacent property. Also see the discussion in (H) below. The applicant provides additional support by stating, “The future land use map designates the MSUIC as Regional Commercial and Services. This designation correlates to several zoning districts including the B-2 as proposed by the applicant. In addition, the proposed relaxation to the minimum parking requirements is intended to help facilitate the creation of a more urban neighborhood of buildings that relate to each other, rather than being individual buildings separated by parking lots.” H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and text for this site only. Therefore, no element of this amendment modifies the standards of the B-2 district elsewhere in the city. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2 district, in a Regional Commercial Future Land Use area context, to be compatible with adjacent development’s mixed-use characteristics and uphold the unique character of the area. The site has existing building, parking area, and undeveloped area. The existing buildings on- site are consistent with the requested PDZ. There are a wide variety of uses adjacent to the site 215 Staff Report for the MSU Innovation Campus Planned Development Zone Page 27 of 38 including residential, agricultural, educational, and commercial. A review of the uses allowed in the proposed PDZ shows many similarities with existing and authorized uses in the surrounding area. Further, the applicant puts forward in support of their application, “While the site and the lands to the west were until recently ag lands, there is a character that is being developed in this Regional and Commercial Services node of the city. The proposed relaxations would be in general support of the character that has begun to develop to the west of the site along Technology Boulevard. In particular, the minimum parking relaxation will allow for a more continuous urban edge along that corridor.” Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time and the purpose of this application is to expand permitted uses to include Light Manufacturing in the B-2 zone. Suitability of the site for particular uses is not easily evaluated. The applicant argues, “The property is well situated between centers of commerce, areas of housing and the campus of Montana State University. The MSUIC location is well suited to the creation of an innovation hub that will attract national-level technology firms seeking to leverage collaboration opportunities with the university while providing their workers with access to the cultural and outdoor amenities that Bozeman has to offer.” However, this statement does not directly address whether or not the B-2 zone, and the inclusion of Light Manufacturing uses are suitable for the subject property. As shown in Figure 4, the property is bounded by B-2 zoning to the west known as the Bozeman Gateway development, R-O and R-4 to the north, PLI on the south and east, and BP immediately adjacent to the subject property to the east. First, the Commission recently approved a growth policy amendment to change the future land use designation from Public Institutions to Regional Commercial and Services in 2022, see Application 22282. This action rendered the existing zoning of BP not suitable for the property and indicated one of the implementing districts for the Regional Commercial and Services appropriate which include B-2, B-2M, UMU, and PLI. The UMU and PLI districts are not appropriate in this case due to restrictions on placement or intent of public ownership leaving either the B-2 or B-2M as possible districts to implement the growth policy. The applicant desires B-2 as the base zone for the proposed PDZ. Considering the extra intensity that is allowed through the Regional Commercial and Service FLU designation and the intended purpose of the MSU Innovation Campus, B-2 zoning is suitable for the property. 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 216 Staff Report for the MSU Innovation Campus Planned Development Zone Page 28 of 38 sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. In comparison, 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. The M-1 district as a whole is not an implementing district for the Regional Commercial and Services designation and there is not a good fit for this site. However, there are some use elements of M-1 which may be appropriate. Permitted uses for both the existing BP as well as the B-2 and M-1 zoning districts are listed in Table 38.310.040.A – E, BMC. Analysis of the districts reveals, in general, the permitted uses have many points in common. For example, both districts allow hotels and motels and Light and Moderate Manufacturing, although these uses may require an approved Special Use Permit (SUP). Truck repair, washing, and fueling services is not permitted in the B-2 zone and may be allowed in the M-1 zone but require a SUP, emphasis added. The inclusion of Light or Moderate Manufacturing uses in this location is appropriate. The site has been designated as BP for many years. The BP district allows artisan, light, and moderate manufacturing as a principal use. Therefore, the request is for a continuation of already allowed uses. Recently, the City modified its development code to allow Artisan Manufacturing in all commercial and Industrial zoning districts, except PLI. This change is a response to the changing forms of manufacturing in general. The MSUIC proposed uses integrate these changes. The buffers surrounding the site further support expanded uses on the subject property. Considering the context of the site with a robust transportation system, major streets serving the property, existing city services established, and the variety of land uses in the immediate area, the proposed B-2 base district with some additional uses added are suitable for this property. Adopted standards and processes will mitigate potential conflict, the context of the property, and the granting of superior performance furthering the City’s Integrated Water Use Plan and the Climate Action Plan. J. Conserving the value of buildings. Criterion met. The site has existing commercial buildings, an approved MSP, unique Gateway PUD west of the subject property, existing street network, and adjacent agricultural lands will minimize any potential negative impacts for the development of buildings on this site. 217 Staff Report for the MSU Innovation Campus Planned Development Zone Page 29 of 38 B-2 zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. All future buildings must meet or exceed the development standards for the base zone of B-2. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed B-2 and M-1 districts, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. Further, as the applicant states, “The proposed change in zone from B-P to a PDZ based on the B-2 zone will allow the continued use of the three buildings that are completed or under construction on the MSUIC. This zone change is in no way expected to negatively impact the value of the existing buildings on the MSUIC, or in its vicinity, in a measurable way.” K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban mixed-use development is identified by the community as the most appropriate type of development for the property. The Unified Development Code contains standards, protections, and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. Similarly, as stated by the applicant, “The Bozeman Community Plan illustrates the most appropriate use of the land. The MSUIC has a future land use designation of Regional Commercial and Services. This land use designation supports the creation of regionally significant developments with physically large and economically prominent facilities. The MSUIC forms the eastern edge of a larger swath of land with the same designation centered on the intersection of W. College Street and Huffine Lane. The MSUIC is uniquely situated between this commercial center and the Montana State University campus. As such, the continued use of this land as a technology park partnered with the university, but with allowances for increased density, is seen as a benefit to the city and an appropriate use of this land.” 218 Staff Report for the MSU Innovation Campus Planned Development Zone Page 30 of 38 SECTION 7 – PLANNED DEVELOPMENT ZONE ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Criteria applicable to all PDZ applications. Complies with applicable Montana state law criteria for approval of a zoning map and text amendment, MCA 76-2-304. Criterion met. The PDZ application requests a base zoning designation of B-2 and includes a general development plan. The Future Land Use designation for the subject property is Regional Commercial and Services. The B-2 zone is an implementing district for this classification. The application modifies five standards of the base zoning: building height, more permissible uses, parking, increased signage, and blank wall treatment. As discussed in the zoning map and text amendment criteria analysis in section five, the required zoning and relaxations are commensurate with the proposed Sustainable/Resilient Design program integrated into future buildings. Reduced water consumption and energy use will further the City’s Integrated Water Use Plan and the Sustainability offsetting the impacts of the text changes in this setting. Specific reductions goals are: 1) Demonstrate a reduction of water consumption of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in indoor water usage and 25% or greater reduction in outdoor water usage as part of the Site Plan submission documents. This documentation may take the form of modeling prepared by a professional engineer demonstrating the required water usage reduction as compared to a model building that meets City of Bozeman development code requirements and state-adopted plumbing code requirements at the time of the submission, or a declaration of intent to follow the prescriptive path as outlined in the most recent version of the Planned Development Zone Procedures Manual; and 2) Demonstrate a reduction of non-renewable energy use of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in non-renewable energy usage as part of the Building Permit submission documents. These calculations will be based on the most recently declared percentage of non-renewable energy within the energy mix as published by the energy utility at the time of submission. The reduction of the non-renewable energy portion of the delivered energy may include reductions in the energy use intensity (EUI) over a model building that meets City of Bozeman development code and state-adopted 219 Staff Report for the MSU Innovation Campus Planned Development Zone Page 31 of 38 building code requirements at the time of the submission, the production of on-site renewable energy, or a combination of the two. Context is important. The site is subject to a Master Site Plan (MSP) arranging the circulation system, protecting sensitive; lands, and generally showing building sites. The property is bounded by designated Collector Street on the south and a Principal Arterial Street to the north. In combination these corridors create significant separation between adjacent properties. Montana State University agricultural lands bound the site to the south. The properties to the north are zoned R-O (Residential Office). With required setbacks, utility easements, and right- of-way there is a minimum of 130 feet of separation to the north. In addition, three site plans have been reviewed and approved based on the original MSP and are constructed. If approved, the relaxations proposed will apply to all future and existing buildings within the boundary of the PDZ. The general development plan shows internal circulation, general building locations, parking, and open space. See Section 1 – Map Series. Three sites within the subject property have been developed or are in construction further establishing the character of the site. Section 5 of this report details analysis showing compliance with applicable Montana state law criteria for approval of a zoning map and text amendment, MCA 76-2-304. See section 5, criterion A for additional discussion. The following relaxations are approved with this application. a) Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate in addition to the base zoning designation uses (B-2). b) Building height. Allow an increase of building height from the base B-2 height, implementing the Regional Commercial Future land Use designation from 75 or 90’ to 120’ for a roof pith less than 3:12 and 135’ for a roof pitch greater than 3:12. c) Parking. Eliminate minimum parking requirements for the district. d) Non-residential signage. Allow up to 400 square feet of signage per building. e) Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by 30’. Complies with general eligibility criteria in 38.430.040; A. An application for rezoning to a PDZ district may only be accepted for review by the city if the review authority determines that the application complies with the following general criterion along with the PDZ type-specific criteria in Sec. 38.430.050, as determined by the director: All property included in the proposed PDZ must be under common ownership or control or must be the subject of an application filed jointly by the property owners of all the property to be included. 220 Staff Report for the MSU Innovation Campus Planned Development Zone Page 32 of 38 Response: Criterion met. All properties are under the control of a single property owner as listed in the application materials. B. Compliance with the eligibility criteria allows the applicant to begin negotiations with the city regarding the specific uses, structures, layout, and design that will be used to satisfy the eligibility criteria. Response: Criterion met. The application was submitted, approved master site plan, and a three approved site plans on the subject property indicate compliance with this criterion. The requested PDZ includes the necessary eligibility requirements for a sustainability/resilient design PDZ as described in section 38.430.050.C, BMC. C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by the city. Approval by the city requires a city commission finding that the criteria for approval in section 38.430.090 are met. Response: A hearing is scheduled for the City Commission on February 27, 2024, to meet this requirement. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in 38.430.050, as applicable; The application requests a Sustainable/resilient design PDZ pursuant to section 38.430.050.C, BMC. 1. Eligibility. A sustainable/resilient design PDZ application must propose project, site, or building design features demonstrated to achieve two or more of the following reductions in resource consumption or trip generation when compared to those levels anticipated for developments of a similar type under the reference base district: a. A reduction in water consumption of at least 25 percent; or b. A reduction in non-renewable energy use of at least 25 percent; or c. A reduction in average daily motor vehicle trip generation of at least 25 percent; or d. A combination of reductions in water consumption, non-renewable energy use, or average daily motor vehicle trip generation providing at least an equivalent sustainable/resilient development benefit to the city. Response: Criterion met. Application details proposed sustainable/resilient design meeting subsection “a” and “b”. Condition of approval and code provisions are included to ensure performance standards are met. 2. Flexibility allowed. Eligible application for a sustainable/resilient design PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if that adjustment or waiver will contribute to reductions in water consumption, non-renewable energy consumption, or traffic generation when 221 Staff Report for the MSU Innovation Campus Planned Development Zone Page 33 of 38 compared to development of a similar type under the reference base district standards. The city may not adjust or waive any provision imposed by state or federal law or regulation. Response: Criterion met. No waivers are requested or required with the application. Requested adjustments to base standards are listed in the application and adopted herein. Specific relaxations are: a) Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate in addition to the base zoning designation uses (B-2). b) Building height. Allow an increase of building height from the base B-2 height, implementing the Regional Commercial Future land Use designation from 75 or 90’ to 120’ for a roof pith less than 3:12 and 135’ for a roof pitch greater than 3:12. c) Parking. Eliminate minimum parking requirements for the district. d) Non-residential signage. Allow up to 400 square feet of signage per building. e) Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by 30’. Is in accordance with the growth policy currently in effect, including the future land use map; and Response: Criterion met. There are no identified conflicts with the current growth policy or future lane map. Please refer to the Criteria A in Section 5 for more discussion. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as the reference base district for each portion of the PDZ; and Response: Criterion met. Applicant requested a base zone of B-2, Community Business District. Mitigates known adverse impacts on surrounding properties to the extent practicable consistent with 38.100.050 and 38.100.070. Response: Criterion met. No adverse impacts on surrounding properties to the extent practicable with available information have been identified. The analysis above considers potential impacts of the PDZ and found impacts will be mitigated with the adopted city standards, processes, and proposed conditions of approval. Section 38.100.050.A, BMC states that adopted standards are minimum requirements adopted for the promotion of the health, safety and general welfare of the community. In some instances, the public interest will be best served when such minimums are exceeded. The proposed PDZ requires a development that exceeds minimum standards and offsets 222 Staff Report for the MSU Innovation Campus Planned Development Zone Page 34 of 38 impacts of the relaxations by furthering the efforts of other adopted goal and polices of the city. The suggested conditions of approval are reasonable to ensure ongoing performance of the proposed development. These conditions align with the responsibility of persons undertaking the subdivision, development, or use of land who have the duty of complying with reasonable conditions for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the city, and to the safety and general welfare of the future lot owners and of the community at large. SECTION 8 – GENERAL DEVELOPMENT PLAN ANALYSIS AND FINDINGS A General Development Plan was submitted with the Planned Development Zone application, see Map 5, Section 1 of this report. The preliminary development plan shows the general development pattern for the property. In reviewing the development plan, it must not be contrary to any adopted local or State standard not listed as a relaxation in association with the PDZ. The property has an approved Master Site Plan (Application 17027). See also Modification 22107. The Plan arranged the street network and general development areas on the site. The approved MSP is in conformance with adopted standards and is partially built out. The PDZ does not grant the right to begin construction, additional review is required. Additional review may include subdivision and/or site plan review. In this case, site plan review will be required which will ensure future development or redevelopment will meet minimum standards and the sustainability/conservation requirements as part of the PDZ. The site is partially developed as shown on location maps in Section 1. Three site plan applications have been reviewed, approved, and the building constructed including: Advance Research Lab Site Plan. Application 18-225 Industry Bozeman Site Plan. Application 21-304 Aurora Technologies Site Plan. Application 22-114 If the PDZ, including both the Zone Map Amendment and general development plan is approved by the Commission, a final general development plan will be submitted and reviewed pursuant to section 38.430.080.G, BMC. The Commission has delegated the authority for review of the final development plan the Director of Community Development. An application is required for this final step [External application PDF link]. In conclusion, staff finds the preliminary general development plan meets all applicable standards for granting approval, contingent on the contingencies for the ZMA and suggested conditions of approval. 223 Staff Report for the MSU Innovation Campus Planned Development Zone Page 35 of 38 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. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on January 20 and 27, 2024. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. The City Commission hearing is scheduled for February 27, 2024. No public comment has been received on this application as of the production of this report. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Regional Commercial and Services” in the Bozeman Community Plan. This classification is described as: 224 Staff Report for the MSU Innovation Campus Planned Development Zone Page 36 of 38 Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well- integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2, Community business district in association with the Planned Development Zone application. 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. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (see below for the Table) 225 Staff Report for the MSU Innovation Campus Planned Development Zone Page 37 of 38 226 Staff Report for the MSU Innovation Campus Planned Development Zone Page 38 of 38 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: MSU Innovation Campus, 222 East Main Steet, Bozeman, MT 59715 Applicant: A&E Design, 515 W Aspen Street, Suite 200A, Bozeman, MT 59715 Representative: A&E Design, 515 W Aspen Street, Suite 200A, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Planned Development Zone. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. https://weblink.bozeman.net/WebLink/Browse.aspx?id=280722&dbid=0&repo=BOZEMAN 227