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HomeMy WebLinkAbout05-14-24 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. Authorize Absence D.1 Authorize the Absence of Commissioner Douglas Fischer (Maas) E. Public Service Announcements F. FYI G. Commission Disclosures H. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, May 14, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@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 Consider the Motion: Authorize the Absences of Commissioner Douglas Fischer 1 H.1 Accounts Payable Claims Review and Approval (Armstrong) H.2 Approve and authorize the Mayor to sign the Finding of Facts and Order for the Urban Farm Phase 2 Preliminary Plat Application with a Subdivision Variance to Section 38.400.010 BMC, Application 23039 (Quasi-Judicial)(Garber) H.3 Authorize the City Manager to Sign a Revised Interlocal Agreement Between the City of Bozeman, the City of Missoula, and Missoula County to Inform the Development of a Green Tariff(Meyer) H.4 Authorize City Manager to Sign a Construction Agreement with Blanton Contracting LLC for Professional Building Elevator Machine Room Modernization(Ziegler) H.5 Authorize the City Manager to Sign Professional Services Agreement with Greenspace Landscaping, Inc. for Downtown Tree Replacements(Staley) H.6 Authorize the City Manager to Sign a Professional Services Agreement with Gradient Landscapes LLC. for the Installation of a Drought Tolerant Demonstration Garden at the Stiff Professional Building(Ahlstrom) H.7 Authorize the City Manager to sign Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Engineering Services to Design the Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank(Nielsen) H.8 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with Morrison Maierle for the Engineering Design Standards Update for Downtown Design Standards(Staley) H.9 Authorize the City Manager to Sign a Task Order DTN24-002 with Sanderson Stewart for Preliminary Engineering and Architectural Plans for I-Ho Peace Park(Staley) H.10 Resolution 5586 Adopting the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual(Ahlstrom) H.11 Ordinance 2155 Final Adoption to Revise Chapter 38 and 40 of the Bozeman Municipal Code to Include Required Water Efficient Landscape and Irrigation Performance and Design Standards(Ahlstrom) I. Public Comment J. Action Items This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. 2 J.1 Downtown Business Improvement District Fiscal Year (FY) 2025 Work Plan and Budget, FY24 Annual Report(Cope) J.2 Downtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget(Staley) J.3 Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget(Fine) J.4 Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget(Fine) J.5 Pole Yard Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget(Fine) J.6 North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget(Fine) J.7 South Bozeman Technology District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget(Fine) K. FYI / Discussion L. Adjournment Consider the Motion: I move to approve to approve the Downtown Business Improvement District Fiscal Year 2025 Work Plan and Budget. Consider the Motion: I move to approve to approve the Downtown Urban Renewal District Fiscal Year 2025 Work Plan and Budget and estimated Fiscal Year 2026 Budget. Consider the Motion: I move to approve the Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget as submitted. Consider the Motion: I move to approve the Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. Consider the Motion: I move to approve the Pole Yard Urban Renewal District Fiscal Year 2025 Work Plan and Budget Consider the Motion: I move to approve the North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. Consider the Motion: I move to approve the South Bozeman Technology District Biennium Budget and Fiscal Year 2025 Work Plan and Budget. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD 406.582.2301). 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, Interim City Manager SUBJECT:Authorize the Absence of Commissioner Douglas Fischer MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: Authorize the Absences of Commissioner Douglas Fischer STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:Commissioner Fischer informed Mayor Cunningham and Interim City Manager Winn that he will not be in attendance. UNRESOLVED ISSUES:None. ALTERNATIVES:As per Commission. FISCAL EFFECTS:None. Report compiled on: April 30, 2024 4 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:May 14, 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 May 8th, 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: May 8, 2024 5 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Brian Krueger, Development Review Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Approve and authorize the Mayor to sign the Finding of Facts and Order for the Urban Farm Phase 2 Preliminary Plat Application with a Subdivision Variance to Section 38.400.010 BMC, Application 23039 (Quasi-Judicial) MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Consent agenda. Recommend approval and authorization for the mayor to sign the Findings of Fact and Order. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a Preliminary Plat Application on March 3, 2023 requesting to subdivide 86.44 acres to create thirty-nine (39) lots zoned B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed Use) including twenty-one (21) developable lots, eleven (11) open space lots, and seven (7) city park lots with easements and associated right of way. The underlying growth policy designation for the subject property is Community Commercial Mixed Use. On February 23, 2024 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. One subdivision variance was requested with this preliminary plat application to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as required by BMC 38.400.010. Staff supported approval of the variance request. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts 6 this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 60 working days from sufficiency, or by May 17, 2024. The Community Development Board acting in their capacity as the Planning Board considered the application and voted unanimously to provide a recommendation of approval on April 1, 2024. The City Commission meeting regarding this subdivision and subdivision variance was held on April 16, 2024 and the Commission voted unanimously to approve the subdivision and subdivision variance. A video of the meeting may be found on the City Commission meeting video archive. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested. FISCAL EFFECTS:No unusual fiscal effects have been identified. Attachments: 23039 CC Findings of Fact FOF.pdf Report compiled on: May 2, 2024 7 Page 1 of 39 23039 City Commission Findings of Fact and Order for the Urban Farm Phase 2 Subdivision Public Meeting/Hearing Dates: Planning Board meeting was held - Monday, April 1, 2024 at 6:00 pm. City Commission meeting was held - Tuesday, April 16, 2024 at 6:00 pm Project Description: A major preliminary plat subdivision application with a subdivision variance request to Section 38.400.010 to subdivide two lots zoned REMU and B-2M totaling 86.44 acres into a 39 lot major subdivision for residential, commercial, park, and open space uses. Project Location: Lot R4 of Norton East Ranch Subdivision Phase 4 and the W1/2SE1/4SE1/4 being a Portion of C.O.S. 1005, Located in the South 1/2 of Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23039 and move to approve the subdivision and subdivision variance from Section 38.400.010 with conditions and subject to all applicable code provisions. Report Date: April 30, 2024 Staff Contact: Danielle Garber, Senior Planner Cody Flammond, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. Two letters of public comment have been received as of the writing of this report. Public comment is included in the Laserfiche archive for application 23039 and available to the public. Unresolved Issues. There are no unresolved issues with this application. 8 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 2 of 39 Project Summary The Department of Community Development received a Preliminary Plat Application on March 3, 2023 requesting to subdivide 86.44 acres to create thirty-nine (39) lots zoned B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed Use) including twenty-one (21) developable lots, eleven (11) open space lots, and seven (7) city park lots with easements and associated right of way. Proposed land uses for the subdivision are primarily residential with two lots proposed for commercial uses, and one lot currently proposed as a potential new fire station. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU and B-2M Zoning. Seven city park lots are proposed. Three parcels are set aside for a linear park and dog park at the west side of the property, labeled parks A, B, and C. Three linear park lots are proposed along Valley Commons Drive labeled D, E, and F, and a central park labeled park G. The eleven open space lots are proposed to facilitate stormwater retention, pedestrian right-of-way, and watercourse and wetland buffers. Four local streets running north-south are proposed as extensions of S. Eldorado Avenue, Reliance Avenue, Pond Lily Drive, and Water Lily Drive. One new local street, named Betty Lane, and Water Lily Drive are proposed as right-in/right-out accesses from Huffine Lane. Two local streets are proposed to run east-west and are extensions of Competition Drive and Valley Commons Drive. A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are proposed as non-standard local street sections constructed with back-in angled on-street parking. Only Competition Drive will connect to the street grid to the east at this time. Valley Commons Drive is not currently proposed to connect to the existing grid to the east due to surface water, topography, and adjacent development patterns. The presence of the conservation easement parcel to the west of the subject property limits the ability to continue these east-west drives further to the west. One subdivision variance was requested with this preliminary plat application to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as required by BMC 38.400.010 which requires streets to be constructed to the boundary lines of the tract to be developed. Not constructing these portions of Valley Commons Drive and Competition Drive is supported due to the long-term nature of the conservation easement and the long term maintenance liability to the City for unused streets. Staff support is based on staff analysis of the information presented and the variance criteria in BMC 38.250.080. Discussion on the variance is located in the Streets, Roads and Alleys review criteria under Section 6 below. The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north- south through the development and connect Huffine Lane north to Oak Street through existing residential developments. The subject property is bound to the east by Baxter Creek and an unnamed ditch and their associated wetlands. Baxter Creek and the ditch are proposed for realignment. The stream-ditch formed from a combination of ground and irrigation water will be day-lighted and realigned to 9 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 3 of 39 connect to Baxter Creek. A re-meandering of Baxter Creek where it has been historically straightened is also proposed with the removal of cast berms to restore wetland and wetland function. Water course plantings as trees, shrubs, and native grass seed will be provided for restoration. On February 23, 2024 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. One subdivision variance was requested. The subdivider did not request any zoning variances with this application. No phasing or concurrent construction plans were requested with this application. The applicant will be required to complete all required public infrastructure prior to final plat approval. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by May 17, 2024. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on April 1, 2024. Two instances of public comment were received at the meeting. Connie Lien who resides at 8507 Huffine Lane, which compromises the 68 acre conservation easement directly to the west of the subject property and Jeremy Puckett the stewardship director with the Gallatin Valley Land Trust. Mrs. Lien’s concerns included the following:  Their property on the conservation easement is a working farm. Concerns about livestock and barb wire fencing posing a possible risk to the public and their property. Concerns about dogs interfering with their livestock, as well as the nuisance a working farm will pose to adjacent houses in terms of noise, smells, and fencing.  Concerns regarding loss of privacy to noise and lighting from the adjacent development  Concerns about infrastructure impact to the water table, and blocking natural water flow with wells being drilled. Acknowledged the requirement for an agricultural water user’s easement and how stormwater drainage is going to be handled.  Concerns about roads running up to her property line, discussed a history of cars crashing into their property where the roads end. Would like to see a consideration in the application to require better end of road signage and fencing.  Concerns about park maintenance by the property owners and potential impacts to her property. Jeremy Puckett also provided public comment related to the conservation easement on Mrs. Lien’s property. His comments were focused on providing awareness about the conservation easement and hopes that development is pursued in a manner that is as aware and forgiving of the conservation values as possible. Recognize that the City needs space to grow, he wants to work with the community while preserving conservation interests. 10 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 4 of 39 Further explanation related to how development code standards can help address the public comment are provided in Appendix C of this report. Staff then explained why a public hearing was not taking place at CDB based on the changes to state law and the review of this subdivision under the 76-3-616 MCA statute. Public comment is welcome and only a public meeting is required, not a public hearing. However, staff clarified that there will be an action agenda presentation and discussion at the City Commission due to the associated variance with this application. A motion to recommend approval of the subdivision was passed 7-0, with one board member abstaining due to a professional connection to the project. The City Commission held a public meeting to consider the application for approval on April 16, 2024 at 6:00 pm. Public comment was received at the City Commission meeting from Connie Lien who resides at 8507 Huffine Lane, with comments consistent with those provided above at the Community Development Board Meeting. The Commissioners voted 5-0 to approve the subdivision and the subdivision variance from BMC 38.400.010. The video of the meeting is available on the City’s Streaming Video Archive. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 11 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 5 of 39 TABLE OF CONTENTS EXECUTIVE SUMMARY .........................................................................................................1 Unresolved Issues. ...........................................................................................................1 Project Summary .............................................................................................................2 Alternatives .....................................................................................................................4 SECTION 1 – MAP SERIES ......................................................................................................6 SECTION 2 – REQUESTED VARIANCES ............................................................................. 11 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 11 SECTION 4 – CODE REQUIREMENTS ................................................................................. 13 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 19 SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 19 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19 Documentation of compliance with adopted standards 38.220.060 ................................. 25 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 30 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 32 APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 36 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 37 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 39 FISCAL EFFECTS ................................................................................................................... 39 ATTACHMENTS ..................................................................................................................... 39 12 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 6 of 39 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 13 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 7 of 39 Exhibit 2 – Future Land Use Map 14 Page 8 of 39 Exhibit 3 – Preliminary Plat (see all sheets in file) Exhibit 4 – Overall Site Plan (see all sheets in file) 15 Page 9 of 39 Exhibit 5 – Landscaping Plan (see all sheets in file) Exhibit 6 – Parks and Open Space 16 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 10 of 39 Exhibit 7 – Pedestrian Circulation Exhibit 8 – Land Use Plan 17 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 11 of 39 SECTION 2 – REQUESTED VARIANCES One subdivision variance was requested with this preliminary plat application to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as required by BMC 38.400.010. Based on staff analysis of the information presented and the subdivision variance criteria in BMC 38.250.080, staff supports approval of the variance request. Discussion on the variance is located in the Streets, Roads and Alleys review criteria under Section 6 below. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners’ association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners’ association, the subdivider shall provide 18 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 12 of 39 an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 4. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to Fallon Street between El Dorado Avenue and Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to El Dorado Avenue between Valley Commons Drive and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Reliance Avenue between Valley Commons Drive and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Pond Lily Drive between Valley Commons Drive and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to Water Lily Drive between Huffine Lane and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to Laurel Parkway between Huffine Lane and Durston Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to Babcock Street between Eldorado Avenue and Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Laurel Parkway and Babcock Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at Fallon Street and Cottonwood Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements at Fallon Street and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a 19 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 13 of 39 combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. 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. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. c. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. d. Prior to final plat approval, the applicant must provide a 25-foot trail easement for the trail along Baxter Creek. e. Prior to final plat approval, the applicant must provide 25-foot public access easements for the pedestrian paths proposed through Block 3 Lot 1, Block 7 Lot 1, and Block 7 Lot 1. f. Prior to final plat approval, the applicant must provide a 10-foot drain tile easement over the existing drain tile that runs through the property. g. Prior to final plat approval, the applicant must provide a 5-foot wide public access easement along Fallon Street. h. Prior to final plat, the applicant must provide a public drainage easement for all stormwater facilities located on private property that accept drainage from the public right-of-way. i. An agricultural water user’s easement meeting the requirement of 38.410.060.D.1. must be dedicated with the final plat and notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85- 7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. The developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or 20 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 14 of 39 relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 3. Sec. 38.410.130 - Water Adequacy. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. 4. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and final plat approval. a. For Lot 2 Block 11 where fill is proposed to reduce wetland area for this lot. The applicant is required to provide the city with state and federal permitting prior to commencement of any fill and landscaping activities, i.e. the zone 1 and 2 wetland area is a part of the wetland fill so no fill or planting may commence until a federal Section 404 permit and a DEQ 401 certification is provided to the City of Bozeman. 5. Sec. 38.220.060.A.14.a.(5) – Permits From Non-City Agencies Required To Execute The Proposed Plan. The applicant must include a Non-Commercial Private Fish Pond License issued by Montana Fish, Wildlife, and Parks with the final Urban Farm Park Master Plan submitted with final plat application. 6. Sec. 38.220.070 Final Plat. Among others in this section the final plat must contain the following notations on the conditions of approval sheet. a. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2 Improvements and securities. The length of time for improvements agreements for public sidewalks must not exceed one year from the date of final plat approval. b. Note 4 must be removed. Zoning is subject to change. c. The applicant must place on the conditions of approval sheet of the final plat a note stating "The property owners’ association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." d. The applicant must place on the conditions of approval sheet of the final plat a note stating "The property owners association (Insert Final Property Owners’ Association name as recorded in the CC&Rs) must maintain the following streets including snow removal, pavement maintenance, and all other maintenance functions of the streets: Betty Lane from Huffine Lane to Valley Commons Drive, Water Lily Drive from Huffine to Competition Drive, and Valley Commons Drive from Water Lily Drive to Betty Lane." 7. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property owners’ association (POA) documents including covenants must be provided with the final plat 21 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 15 of 39 prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. Additionally based on the provided documents revise and add the following. a. Any section that requires construction of sidewalks needs to match the City's one year requirement for financially guaranteeing sidewalks in BMC 38.270060.D.2. b. Remove all reference to county permits required to build structures. Building permits within the proposed subdivision are required through the City of Bozeman Department of Community Development. 8. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates. Except as indicated below. a. Where signature for the Director of Public Works is indicated, that must be changed to the Director of Transportation and Engineering. The Director of Public Works no longer exists. b. The City does not accept maintenance responsibility for the streets that are required to be maintained by the property owners association (Betty Lane from Huffine Lane to Valley Commons Dr., Water Lily Drive from Huffine Lane to Competition Drive, and Valley Commons Drive from Water Lily Drive to Betty Lane). The certificate of dedication must be customized as follows: The lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements dedicated to the public for which the city accepts responsibility for maintenance include (list specific streets, avenues, alleys, roads highways, and parks or other public lands or other public improvements). Except the city does not accept responsibility for (list specific streets). 9. Sec. 38.240.530 – Certificate of Water Related Improvements. Any well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 10. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. a. The subdivisions stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. b. The applicant must provide a maintenance plan for the dewatering system including the maintenance plan in the property owners’ association documents 22 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 16 of 39 prior to final plat approval. The plan must include the long-term maintenance instructions for the Properties Owners’ Association. c. All common open space lots must be developed prior to final plat approval. This includes landscaping, irrigation, walkways, stormwater facilities, and any other facilities located in common open space lots detailed in the preliminary plat application. No landscaping details for the following open space parcels was provided and is required with final plat application: i. Block 1, open space I ii. Block 3, open space A iii. Block 6, open space B iv. Block 8, open space C v. Block 5, open space J vi. Block 12, open space H 11. Sec. 38.400.020.A.2 – Privately Maintained Streets. The applicant must provide the following items per this section. a. Permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future street maintenance; and b. The developer signs a perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. c. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising from approval of an alternative street cross section under this section. d. Documented proof of adequate funding and scheduling for maintenance of all privately maintained public streets, must be provided, subject to section 38.270.090. 12. Sec. 38.400.060 – Street Improvement Standards. a. The transportation impact study (TIS) presented by the applicant indicates that a signal will be warranted at the intersection of Huffine Lane and Laurel Parkway. Prior to final plat approval, the intersection of Huffine Lane and Laurel Parkway must be improved to either a signalized intersection or roundabout or subject to conditions from the Montana Department of Transportation for timing of intersection construction. b. The applicant has indicated in the submitted TIS that the Fallon Street and Cottonwood Road intersection will fall below the level of service requirements defined in this section and will require improvements. The applicant also analyzed 23 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 17 of 39 the intersection with three-quarter access control on Fallon Street and determined that an acceptable level of service could be maintained with these improvements. Prior to final plat approval, the applicant must install intersection improvements at the Fallon Street and Cottonwood Road intersection including three-quarter access control and pedestrian hybrid beacons. c. Prior to final plat approval, the applicant must install right turn deceleration lanes on Huffine Lane at the following intersections if warranted by MDT: Huffine Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water Lily Drive. 13. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant must construct the shared use path along Huffine from the western property boundary to Cottonwood Road. 14. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD shall be granted prior to Final Plat Approval. 15. Sec. 38.410.040 – Blocks. All pedestrian access easements used to mitigate block length must be developed with landscaping and walkways prior to final plat approval and not deferred to adjacent property owners. 16. Sec. 38.410.070.A. – Municipal Water, Sanitary Sewer, and Storm Sewer System. a. The 2017 Water Facility Plan Update identifies the need for a pressure reducing valve to be installed on the boundary of the West Pressure Zone and East Pressure Zone. Prior to final plat approval, the applicant must install a pressure reducing valve at the pressure zone boundary defined in the 2017 water facility plan update. b. The 2017 Water Facility Plan Update identifies the need for a 16-inch water main to be installed along Huffine Lane. Prior to final plat approval, the applicant must install a 16-inch water main along Huffine Lane from Advance Drive to Laurel Parkway. c. The 2017 Water Facility Plan Update identifies the need for a 12-inch water main to be installed along Laurel Parkway from the 16-inch water main along Huffine Lane to the existing 12-inch water main just south of Fallon Street. Prior to final plat approval, the applicant must install a 12-inch water main along Laurel Parkway from the 16-inch water main along Huffine Lane to the existing 12-inch water main just south of Fallon Street. d. The development is located in the service area of the Norton Ranch Lift Station. The proposed sewer flows from the development were not included in the capacity generated by the latest upgrades to the lift station. The Norton Ranch Lift 24 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 18 of 39 Station and associated force main must be upgraded to handle the flow demands generated by the development. Prior to Final Plat approval, the necessary upgrades to the Norton Ranch Lift Station and associated piping must be installed by the applicant and accepted by the City. 17. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication, and Sec. 38.420.080 – Park Development. a. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash-in-lieu value established at time of final plat approval. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. b. A final park master plan and construction drawings are required prior to requesting a preconstruction meeting and commencing park construction. c. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide the most recent park plans with revisions red-lined and request meeting at least 30 days prior to commencement of parkland construction. d. Applicant has proposed to utilize Central Park Pond as a fishing pond. Parks Department preliminary supports proposed use provided applicant meets all related code conditions and conditions of approval. Final use of the park and park facilities are determined by the review authority. e. The following notes must be added final plat: Snow removal from sidewalks within parks that serve as primary egress from private lots is the responsibility of the property owners’ association f. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. 18. Sec. 38.420.080.A. – Park Development. a. Final park master plan must include a fisheries plan that includes detailed design, construction, and maintenance plans for Central Park Pond, drafted or certified by a professional fish biologist or qualified private fishery consultant. The plan should generally conform to the recommendations published by Montana Fish, Wildlife & Parks in “A Guide to Building and Managing Private Fish Ponds in Montana.” b. Fisheries plan must include an analysis on water supply in terms of volume, quality and availability, impact on instream flows and fisheries, proposed depth and surface area, water exchange needed to balance the oxygen and nutrient levels in the pond, and vegetation/habitat plan. c. Central Park Pond must be designed and constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year. 19. Sec. 38.270.050.A.2 – Acceptance of improvements. During construction, if groundwater is found to be at levels exceeding what is described in the drainage report and limits the functionality of the stormwater infrastructure the City will not accept the 25 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 19 of 39 stormwater infrastructure. If the stormwater infrastructure requires significant redesign it may be considered a material modification from the preliminary plat and require re- review and approval of the preliminary plat. 20. Sec. 38.410.130 and Sec. 38.420.080.A.2 – Water Adequacy and Park Development. Central Park Pond must be designed and constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year. All irrigation wells located within the boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owners’ association shall be transferred to the property owners’ association in conjunction with the final plat. Ownership of any well, irrigation infrastructure and associated water right providing irrigation to public lands shall be transferred to the City in conjunction with the final plat. The developer must provide easements necessary to allow for the reasonable operation and maintenance of this infrastructure. All wells shall include a meter or other device to determine consumption. 21. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of initial development install drought tolerant landscaping, boulevard trees and an irrigation system when required in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on January 3, 2023. Planning Board meeting was held Monday, April 1, 2024 at 6:00 pm. A video of the meeting is available on the City’s Streaming Video Archive. City Commission meeting was held Tuesday, April 16, 2024 at 6:00 pm. A video of the meeting is available on the City’s Streaming Video Archive. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 26 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 20 of 39 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission has made the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on March 2, 2023. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on July 12, 2023. The DRC determined the application was still not adequate for continued review. A revised application was received on November 22, 2023. The DRC determined the application was still not adequate for continued review. A revised application was received on January 26, 2024. The DRC determined the application was adequate for continued review February 23, 2024 and recommended conditions of approval and code corrections for the staff report. 27 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 21 of 39 The applicant posted public notice on the subject property on March 8, 2024. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on March 8, 2024. No public comment had been received on this application as of the writing of this report. On March 27, 2024 a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. On April 4, 2024 this major subdivision staff report was completed with a recommendation of conditional approval for consideration to the City Commission. On April 16, 2024 the City Commission held a public meeting to consider the application and associated variance for approval. The motion to approve the subdivision and variance passed 5-0. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Code provision 16 contains requirements for the water, sanitary sewer, and storm sewer systems. 16a requires the applicant to install a pressure reducing valve at the boundary between the West and South pressure zones per the 2017 Water Facility Plan Update to minimize unneeded excessive pressure in the water system. 16b requires the applicant to install a 16-inch water main along Huffine Lane from Advance Drive to Laurel Parkway as shown in the 2017 Water Facility Plan Update. This provision will ensure adequate service can be provided to this and future developments in the area. 16c requires a 12-inch water main be installed along Laurel Parkway to match demand requirements outlined in the 2017 Water Facility Plan Update. To ensure adequate sewer capacity, the applicant is required per code provision 16d to upgrade the North Ranch Lift Station and associated force main to handle flow demands generated by the development. Code provision 3 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. 28 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 22 of 39 Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 2 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Additional required easements include a 25-foot trail easement for the trail along Baxter Creek to ensure availability of public use and connection to the larger park and trail system, public drainage easements for all stormwater facilities located on private property, and an agricultural water user’s easement to ensure maintenance access from all downstream agricultural water users. All easements must be provided using the City’s standard language. Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. Parks – The applicant proposes to meet Park and Recreation requirements through a combination of parkland dedication and improvements-in-lieu of dedication. Park and Recreation requirements using a net residential land area of 48.16 acres and maximum dedication of 12 dwelling units per acre (8 du as land dedication and 4 du as CILP/ILLP) result in an initial requirement of 11.56 acres of land dedication with an additional 5.78 acres of land equivalent as cash-in-lieu/improvements-in-lieu. Applicant proposes 6.77 acres of parkland dedication with 10.57 acres of land equivalent as improvements-in-lieu. Proposed parkland dedication consists of four parkland areas; two linear parks, an area for an off-leash dog park, and main central park area, as shown on Sheet L101 and the Urban Farms Phase 2 park master plan. The West Linear Park is a narrow section of linear park separating and buffering the western property boundary of the subdivision and adjacent property, which is currently under conservation easement. The West Linear Park includes a new section of shared-use path that will expand an existing north-south shared-use path and provides a key section for future connection to Huffine Lane. The Valley Commons Linear Park connects the West Linear Park area with the Central Park and east half of the subdivision. The Urban Farm Dog Park is an off-leash dog park including a fenced area with two, separate play zones. Central Park will serve as the main neighborhood park for the subdivision, consisting of open recreation space, a playground, pathways, and a fishing pond. In response to Commission Resolution 4784, the applicant cited preference of the developer to use the cash obligation for investment into improvements to proposed parkland as justification for CILP/IILP. Improvements-in-lieu include playground equipment, fencing and amenities for the dog park, pathways and trails, benches and picnic tables, and construction of a 2.34 acre/ft. fishing pond. The proposed fishing pond will be a constructed and lined pond, approximately 17,000 square feet in surface area and maximum depth of 12 feet. Water for the pond will be supplied by an exempt groundwater well that also provides irrigation for adjacent parkland. Stocking of the pond with fish, along with all associated maintenance and costs is the responsibility of Urban Farm Property Association. In regard to the proposed fishing pond, staff received a response from Montana Fish, Wildlife & Parks (FWP), dated September 5, 2023, stating that “We generally do not support the idea of 29 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 23 of 39 ponds since we typically end up with a variety of illegally introduced species being transferred to and from any new ponds especially those open to the public. Ponds also typically lead to water quality issues such as increased water temperatures and nutrients. Algae is often a problem that leads owners wanting to apply chemicals to the water to mitigate the issue. With the increasing demands on our water supply. We would be better off eliminating any unnecessary uses that will further degrade the resource. Should you client decide to pursue a pond despite our recommendation, Alex has a ton of experience with our pond permitting process and knows exactly what you need for screening and water rights to obtain a stocking permit from FWP.” In response to FWP’s comments, the applicant submitted a response dated January 6, 2024 from Alex Fox, Pond and Stream Consulting, Inc., acknowledging FWP’s concerns and providing proposed mitigation strategies including obtaining proper FWP permits, pond design considerations, and construction and maintenance requirements. There are code provisions, listed as code provisions 5, 17, 18, and 20, related to non-city permit requirements, parkland use, cash donation and infrastructure donation in lieu of land dedication, and park development. Code provision 5 requires the applicant to submit a Non-Commercial Private Fish Pond License prior to construction of the pond. This provision allows the applicant to proceed to preliminary plat approval while confirming fisheries requirements and ensures park and recreation requirements are satisfied. Provision 17a requires the applicant to update the CILP value accordingly at final plat application. This provision ensures the CILP values is based on the most recent up to date evaluation. 17b requires a final park master plan and construction drawings prior to requesting a preconstruction meeting. 17c requires a preconstruction meeting with the Parks Division prior to commencement of parkland construction. These two provisions will help the applicant to follow the correct construction process with the City. Provision 17d requires that all related pond conditions be satisfied prior to stocking with fish. This provision ensures that final park use is determined by and the decision of the review authority. Provision 17e requires a note on the plat that the property owners’ association is responsible for snow removal where lots will front on the park and primary egress from private lots will be within the park. This provision ensures maintenance of lot frontage sidewalks does not become a burden to the Parks Department. Provision 17f requires that easements for trails located within open space parcels must include the city-wide wayfinding signage and allow Parks staff to install and/or repair wayfinding signs. This provision will help connect the proposed trails to city wide park infrastructure with consistent signage and directions for users. Provision 18a requires the applicant to include a fisheries plan with the final park master plan and Provision 18b provides a minimum standard for fisheries information required for submission. These provisions allow the applicant to proceed to preliminary plat approval while confirming final pond requirements and construction plans. This ensures viable pond and fisheries plans are reviewed before construction begins and ensures minimum professional standards are maintained during the planning, construction, and maintenance of the pond. Provision 18c and 20 requires Central Park Pond be designed and constructed to a max volume of 2.34 acre/ft and to provide irrigation supply information. These provisions ensure the pond and park irrigation systems have water supplies 30 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 24 of 39 legally and physically adequate to meet the pond and irrigation demands. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal for consistency with the park master plan for Urban + Farms Phase 1 and adjacent park master plans and area sub-plans. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code and design standards Code provision 10 details required development or maintenance of common areas and facilities to be maintained by the property owners’ association. 10a requires the property owners’ association to maintain all stormwater facilities outside of the public right-of-way and incorporate a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. An associated plat note is required in code provision 6c to notify future property owners of the property owners’ association requirements for ongoing maintenance of these stormwater facilities. Agricultural water user facility – The applicant provided documentation of downstream agricultural water users and notification provided to those users with this preliminary plat application. Baxter Creek is the primary facility to be impacted with this application that is linked to agricultural water use including Farmers Canal shares. The Board of Directors for Farmers Canal was provided notification of the proposed impacts to Baxter Creek including the realignment of the stream-ditch to flow into the creek and a site visit was conducted with one impacted user. An agricultural water user’s easement must be provided per code provision 2i. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. The developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary address will be provided to enable 911 response to individual parcels prior to recording of the final plat. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 2 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are generally located within dedicated street right of ways. 31 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 25 of 39 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on August 10, 2022 and no variances were requested. Waivers were granted with this pre- application for documentation review of agriculture, agricultural water user facilities, miscellaneous, and affordable housing. During review of this preliminary plat application it was discovered that the waiver for agricultural water user facilities was granted in error based on incomplete information provided at the time of pre-application submittal. The applicant then provided the required for agricultural water user facilities with this applications. See further discussion under primary review criteria above. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water The subject property is bound to east by Baxter Creek and an unnamed stream-ditch, as classified by the Gallatin County Conservation District, and their associated wetlands. Baxter Creek and the stream-ditch, which both contain water year round, are proposed for realignment. Two wetland delineations dated October 2020 and December 2022 were provided and reviewed by the city’s wetland consultant TerraQuatic. The stream-ditch formed from a combination of ground and irrigation water will be day-lighted and realigned to connect to Baxter Creek. Baxter Creek is a tributary to Aajker Creek, which connects to Hyalite Creek, a tributary of the East Gallatin River north of Belgrade. Baxter Creek is considered “waters of the U.S.” and jurisdictional according to a letter provided by the Army Corps of Engineers dated April 19, 2022 and provided in the application. Wetlands associated with the stream-ditch are connected to the Baxter Creek wetlands and also considered jurisdictional, although a result of a man-made conditions related to agriculture. A re-meandering of Baxter Creek where it has been historically straightened is also proposed with the removal of cast berms to restore wetland and wetland function. TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and watercourse information presented in a letter provided to the applicant dated April 6, 2023. Those corrections included moving the re-aligned stream-ditch further north of the Huffine Lane right-of-way to allow for room for the required shared use path along Huffine Lane to be placed in the appropriate section of zone 2 of the 50-foot watercourse setback. A revised proposal from the applicant included in the application packet shows the ditch now provided in two open space parcels, Open Space G Block 13 and Open space F Block 12 with appropriate setbacks from the stream-ditch and restoration plantings. The stream-ditch had previously flowed north and 32 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 26 of 39 eventually disappeared underground. The realignment of the ditch to release into Baxter Creek is seen as a positive as it will increase water flow into that watercourse system, and daylighting the ditch will add channel that reestablishes wetland vegetation and stream health. Water course plantings as trees, shrubs, and native grass seed will be provided for restoration and meet BMC 38.410.100. An updated letter from TerraQuatic was provided to the applicant dated June 30, 2023 regarding the relocated channel and setback zones. The recommendation within the letter was that the proposed channel location and its north and south setback locations follow the City of Bozeman’s aquatic resource regulations. With the additional recommendation that the city should acquire all copies of aquatic resources permits. The wetland impacts, which total 3.99 of the total 6.93 acres are both partially man-made, and jurisdictional and under the purview of the U.S. Army Corps of Engineers. Code provision 4 requires the applicant obtain required permits from the Gallatin County Conservation District, Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers regarding the proposed project. These permits must be provided prior to final plat approval. Code provision 4a requires permits to be provided prior to any fill or landscaping activities in Lot 2 Block 11. Wetlands within this parcel are proposed to be filled and plantings provided that reflect the new, post-fill, location of the required watercourse and wetlands setbacks. Because the final location of wetlands and wetlands setbacks within and adjacent to this parcel reflects a modified condition outside of the existing natural location and setbacks provided within an open space parcel, the applicant must provide appropriate permits prior to commencing any fill activities. 38.220.060.A.2 - Floodplains A flood hazard evaluation report completed by Hyalite Engineers, stamped and signed by a professional engineer, was provided in the application documents and is dated November, 2023. The report details a study completed of the 100-year floodplain on Baxter Creek at the east side of the property against the existing and proposed conditions of this subdivision at full build out. The resulting flood hazards were evaluated by the Engineering Division against code requirements contained in BMC 38.600. The resulting hazard was found to meet BMC 38.600.050. No land deemed to be subject to flooding is proposed to be developed for new buildings. 38.220.060.A.3 - Groundwater A geotechnical site evaluation was completed in April of 2021 and included eight test pits across the entire Urban Farm Phase 2 site. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Note 3 on the plat prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. Code provision 19 is related to high groundwater and stormwater infrastructure. 33 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 27 of 39 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property. The property is bound by Huffine Lane/US-191 to the south, agricultural uses to the west, subdivided residential development to the north, and subdivided commercial development to the east. The aquatic resources on the property have been impacted by agricultural crop production and grazing. The applicant provided a report from the U.S Fish and Wildlife Service’s Information for Planning and Consultation website. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The subject property is designated as community commercial mixed use according to the 2020 Bozeman Community Plan. The area is zoned for residential, commercial, and mixed uses under the REMU and B-2M zoning designations. The site is historically used for grazing and irrigated crops, but no significant agricultural uses still exist on the site. 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above. 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development and the existing neighborhoods by completing the street grid in the area with conditions and code provisions. Four local streets running north-south are proposed as extensions of S. Eldorado Avenue, Reliance Avenue, Pond Lily Drive, and Water Lily Drive. One new local street named Betty Lane, and Water Lily Drive are proposed as right-in/right-out accesses from Huffine Lane. 34 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 28 of 39 Two local streets are proposed to run east-west and are extensions of Competition Drive and Valley Commons Drive. Only Competition Drive will connect to the street grid to the east at this time. Valley Commons Drive is not currently proposed to connect to the existing grid to the east due to surface water and topography issues and a lack of connection from the adjacent property’s street grid. BMC 38.400.010 requires connection to developed areas when necessary for the convenient movement of traffic, effective provision of emergency services, and efficient provision of utilities. However, since connection to Valley Commons Drive to the east is currently blocked by existing buildings, wetlands, and a watercourse, the City Engineer determined that a connection was not necessary at this time. The presence of the conservation easement parcel to the west of the subject property, and the continuation of a park system from the north limits the ability to continue these east-west drives further to the west. The applicant submitted a variance to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue but still provide the platted rights-of-way. BMC 38.400.010 requires streets and alleys to be constructed to the boundary line of the tract to be developed when the tract adjoins undeveloped land and access to the undeveloped land would reasonably pass through the new development. The City Engineer has determined that it is unreasonable to construct these portions of Valley Commons Drive and Competition Drive because of the conservation easement on the property to the west of the development. Due to the long-term nature of the conservation easement, the portions of street in question would not be utilized for a long time and the City would incur maintenance liability on streets that are not utilized. The City Engineer supports the submitted variance to build these portions of Valley Commons Drive and Competition Drive because the long-term nature of the conservation easement prevents street utilization during the term on the easement. Due to the hardship related to the conservation easement, staff finds the requested variance meets the subdivision variance criteria in BMC 38.250.080.B.2 for specific cases related to physical surroundings, shape, or topographical conditions of the property. The City Engineer also supports providing the rights-of-way because the rights-of-way will provide access and connection to this development in the case that the conservation easement is terminated and the property to the west is developed. The provided rights-of-way without the physical construction of the streets themselves at this time ensure that the subdivision will not be detrimental in public, health safety, or general welfare and will not place the subdivision in nonconformance with other provisions of Chapter 38 because the future rights-of-way may be connected if development on the parcel to the west occurs which meets the connectivity standards located in Articles 4 and 5 of Chapter 38. A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are proposed as non- standard local street sections constructed with back-in angled on-street parking. Code provision 6d requires a note on the plat to provide notification to future land owners that the property owners’ association is responsible for maintenance of non-standard local streets as described above. Code provision 8b requires the certificate of dedication on the plat to be customized to 35 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 29 of 39 read that the city does not accept maintenance responsibility for the non-standard local streets. The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north- south through the development and connect Huffine Lane north to Oak Street through existing residential developments. A Traffic Impact Study (TIS) was provided and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements. Code provision 12 is related to street improvement standards. Based on the TIS review 12a requires the proposed intersection of Laurel Parkway and Huffine Lane to be either signalized or developed as a roundabout subject to Montana Department of Transportation (MDT) review and approval. Based on the TIS review, code provision 12b states the applicant must install intersection improvements at the Fallon Street and Cottonwood Road intersection including three-quarter access control and pedestrian hybrid beacons prior to final plat approval. Code provision 12c requires the applicant install right turn deceleration lanes on Huffine Lane at the following intersections if warranted by MDT: Huffine Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water Lily Drive. These code provisions are required to offset traffic impacts to the transportation grid prior to final plat approval. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy and Yellowstone Fiber for the proposed subdivision. These responses are provided in the application documents. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the REMU and B-2M zoning districts. No specific proposed uses have been provided at this time, but the applicant has provided a land use map showing proposed residential use areas, commercial use areas, and parkland and open space areas. No 1-4 household lots subject to sketch plan review are proposed with the application. Subsequent development of individual lots will be subject to site plan review prior to any building permit issuance. See discussion in Appendix A regarding zoning. 38.220.060.A.14 - Parks and Recreation Facilities The proposed subdivision will provide new parkland, and cash or improvements-in-lieu of parkland dedication. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal also see the discussion above. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. The neighborhood center proposed for this subdivision is the central park, Block 9 Park G on the plat. This park is located within 600 feet from the geographic center point of the development. The park is proposed with street frontage 36 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 30 of 39 on 3 sides which meets the 50-100% frontage requirement. Direct pedestrian access to the park is available via trail connections through the linear park to the west and sidewalk and trail connections from the creek side open space to the east, as well as the street and sidewalk network. The neighborhood center is also located nearby the two parcels proposed for commercial development 38.220.060.A.16 - Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) must be created prior to final plat application. Code provision 14 is related to this issue. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on April 16, 2024 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The City Commission requested public comment at the public meeting on April 16, 2024 and one instance of public comment was received. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After 37 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 31 of 39 receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-616, MCA. The preliminary approval of this single-phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2024 BOZEMAN CITY COMMISSION _________________________________ CYNDY ANDRUS Mayor 38 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 32 of 39 ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The majority of the property is zoned B-2M, Community Business District – Mixed. The intent of the B-2M district is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The applicant has indicated the majority of the subdivision, with the exception of Blocks 12 and 13 will be developed as primarily residential uses. B-2M allows apartments, apartment buildings, townhouses, rowhouses, live-work units, ground floor residential, and a variety of group residential uses. No 1-4 household lots subject to sketch plan review are proposed with the application. Subsequent development of individual lots will be subject to site plan review prior to any building permit issuance. The proposed subdivision meets the intent of this zoning designation by providing development adjacent to a major arterial corridor, with potential future transit stops and a commercial node. Pedestrian facilities are proposed with the shared use path along Huffine, the 39 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 33 of 39 two linear parks, and the enhancement of the Baxter Creek corridor with plantings and trail connections to the wider park and trail network. A portion of the subject property is zoned REMU, Residential Emphasis Mixed Use. The intent of the REMU district he intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 40 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 34 of 39 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The proposed subdivision is appropriate for this zone because of the proposed pedestrian amenities, enhancement of the natural environment, and the development of a large central park adjacent to a commercial node. While some of these design elements are outside of the REMU zoned area they will help foster a sense of place unique to the new neighborhood. Portions of Block 1 and Block 5 of the proposed subdivision are located within REMU zoning. Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or equal to five acres in size prior to development. However, due to the relatively small size of the REMU zoned area, staff supported waiving the master site plan requirement. REMU zoned properties will still be required to meet all zoning criteria for this district intended to achieve the purpose of the district described above including but not limited to BMC 38.310.060 – Supplemental use provisions, and BMC 38.330.020 – REMU district special standards. Adopted Growth Policy Designation: 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) 41 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 35 of 39 The subject property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly 42 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 36 of 39 manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. This proposed subdivision is well-suited to implement the Community Commercial Mixed Use designation by providing residential and commercial development along a busy arterial corridor and extending a Collector street, Laurel Parkway, to Huffine Lane to create an intersection quadrant integrated with pedestrian and transit amenities. The proposed subdivision is also planning pedestrian amenities across the park, trail, and open space system that will frame the commercial uses and provide opportunities for plaza development. Density and individual uses will be evaluated at the time of development against the REMU and B-2M zoning requirements. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD 2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715, representing owner Laurel Parkway LLC, 11 Lone Peak Drive STE 201, Big Sky, MT 59716. 43 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 37 of 39 APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420, The City scheduled public notice for this application on March 8, 2024. The applicant posted public notice on the subject property on March 8, 2024. The City sent public notice to physically adjacent landowners of record within 200-feet of the subject property via first class mail on March 8, 2024. Two letters of public comment were received by the City Clerk’s office and are located in the Laserfiche archive for application 23039 and available to the public. Two instances of public comment were received at the Planning Board meeting. Connie Lien who resides at 8507 Huffine Lane, which compromises the 68 acre conservation easement directly to the west of the subject property and Jeremy Puckett the Stewardship Director with the Gallatin Valley Land Trust. Mrs. Lien’s concerns included the following:  Their property on the conservation easement is a working farm. Concerns about livestock and barb wire fencing posing a possible risk to the public and their property. Concerns about dogs interfering with their livestock, as well as the nuisance a working farm will pose to adjacent houses in terms of noise, smells, and fencing.  Concerns regarding loss of privacy to noise and lighting from the adjacent development  Concerns about infrastructure impact to the water table, and blocking natural water flow with wells being drilled. Acknowledged the requirement for an agricultural water user’s easement and how stormwater drainage is going to be handled.  Concerns about roads running up to her property line, discussed a history of cars crashing into their property where the roads end. Would like to see a consideration in the application to require better end of road signage and fencing.  Concerns about park maintenance by the property owners and potential impacts to her property. Jeremy Puckett also provide public comment related to the conservation easement on Mrs. Lien’s property. His comments were focused on providing awareness about the conservation easement and hopes that development is pursued in a manner that is as aware and forgiving of the conservation values as possible. Recognize that the City needs space to grow, he wants to work with the community while preserving conservation interests. Further explanation related to how development code standards can help address the public comment are provided in following locations in this report: 44 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 38 of 39 - Code provision 8 requires the final Property Owners’ Association (POA) documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. Section 38.220.320.A requires a section in the covenants to address agricultural uses of neighboring properties including the following language “Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." This section also requires fences bordering agricultural lands to be maintained by the landowners as required by state law, and that noxious weeds are controlled. - Code provision 2 requires appropriate easements for maintenance and protection of agricultural water and the developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. - In relation to impacts to the water table, surface water, stormwater, ground water, and agricultural water user facilities are addressed in Subdivision Review Criteria 4. Stormwater facilities and exempt wells used for irrigation and public lands must be designed and maintained so as to not negatively impact adjacent properties. Code provision 21 relates to a proposed pond in the park, which would be supplied by well water from an existing well. This code provision requires the pond be designed and constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year which is the amount reported by the applicant to DNRC for use of the exempt well. Further discussion of ground water use in the pond is located in the Parks discussion in the primary review criteria in Section 6. - In relation to the concerns about adjacent roads ending at the western property line and safety concerns, the applicant has requested a variance to not construct the roads up to the western property line shared with Mrs. Lien’s property and instead construct a continuous park corridor which would provide a buffer from west bound traffic at the intersection of El Dorado Avenue. This variance is discussed in the Streets, Roads and Alleys review criteria under Section 6. The City Commission held a public meeting to consider the application for approval on April 16, 2024 at 6:00 pm. Public comment was received at the City Commission meeting from Connie Lien who resides at 8507 Huffine Lane, with comments consistent with those detailed above at the Community Development Board Meeting. 45 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 39 of 39 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Laurel Parkway LLC, 11 Lone Peak Drive STE 201, Big Sky, MT 59716 Applicant: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715 Representative: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715 Report By: Danielle Garber, Associate Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 23039. Project documents are available at this direct link to the public Laserfiche archive for application 23039 with direct links to individual documents provided below: Urban Farm Phase 2 Preliminary Plat Overall Site Plan Overall Landscape Plan West Linear & Dog Park Landscape Plan Valley Commons Linear Park Landscape Plan Central Park Landscape Plan Baxter Creek North Landscape Plan Baxter Creek South Landscape Plan Huffine Ditch Landscape Plan Urban Farm Phase 2 Narrative Variance Request 46 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Revised Interlocal Agreement Between the City of Bozeman, the City of Missoula, and Missoula County to Inform the Development of a Green Tariff MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to Sign a Revised Interlocal Agreement Between the City of Bozeman, the City of Missoula, and Missoula County to Inform the Development of a Green Tariff. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The Bozeman City Commission adopted the 2020 Bozeman Climate Plan which identifies the goals of achieving a 26% greenhouse gas emissions reduction by 2025, 100% net clean electricity by 2030, and carbon neutrality by 2050. Action 2.E.1 calls for the advancement of a green tariff to increase community access to clean energy and result in new investments in clean energy across Montana. A green tariff is a common mechanism by which customers of regulated utilities have the option to buy power from newly developed renewable energy sources through a special rate (or “tariff”) on their utility bills. On February 2, 2021, the City Commission authorized the City of Bozeman to enter into an Interlocal Agreement between the City of Bozeman, the City of Missoula, Missoula County, and the City of Helena to inform the development of a green tariff to meaningfully advance our clean energy goals. Under the agreement, the local governments jointly secured and paid for a professional consultant with expertise in utility rate design. The local governments’ goals for the voluntary green tariff include (1) that it results in the development of new utility-scale renewable energy in the state of Montana, (2) that the green tariff rates, contract terms, and eligibility requirements make it accessible and attractive to as many NorthWestern Energy customers as possible, and (3) that it does not negatively impact nonparticipating customers. 47 Section 1 of the Interlocal Agreement provided that the term would be for two (2) years unless extended by six (6) months by mutual agreement of the parties in writing. The Agreement was administratively extended on February 11, 2023, for a period of six (6) months through August 10, 2023. On June 13, 2023, the City Commission authorized the approval of Amendment No. 1 to the Interlocal Agreement , extending the term of the agreement to four (4) years, from February 10, 2021 to February 10, 2025, with the option of extending for up to one (1) -year increments by mutual agreement. Section 4.2 of the Agreement specified that the contract with the consultant should not exceed $138,000. Amendment No. 1 increased the contract amount by up to $65,000, not to exceed $203,000 without the consent of the parties. The City of Missoula and Missoula County agreed to contribute the additional funding allocation referenced in Amendment No. 1. The City of Bozeman did not increase its original allocation of $90,000 but extended our existing commitment through fiscal year 2024. On November 28, 2023, the Bozeman City Commission approved the Green Power Program Term Sheet (also known as a green tariff) outlining the framework and procedural steps and documents necessary for the development of a green tariff. The communities continue to develop the supporting documents necessary to advance a Green Power Program with NorthWestern Energy. Collaboration with the City of Missoula and Missoula County is expected to continue through program development, filing with the Montana Public Service Commission, participant recruitment, resource development, and program launch. As the program advances, the parties to the agreement recognize the value of jointly pursuing additional consulting services, including but not limited to legal representation. The Revised Interlocal Agreement supersedes and replaces the original Interlocal Agreement and Amendment No. 1. The revised Interlocal Agreement incorporates the terms of the original Interlocal Agreement while allowing the parties to work cooperatively until the goals of the program are fulfilled. To accommodate additional consulting services, the Revised Interlocal Agreement increases the City of Bozeman’s allocation by up to $25,000 through fiscal year 2026. Joint contracts with consultants are not to exceed $268,000 without the consent of the parties. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The revised Interlocal Agreement increases the City of Bozeman's maximum contribution by $25,000. This increase is currently authorized under the Sustainability Division's operating budget and is included in the City Manager's Recommended 2024-2026 Biennial Budget. 48 Attachments: Revised Interlocal Agreement Green Tariff_2024-05-14.pdf Report compiled on: May 2, 2024 49 Revised Interlocal Agreement for Green Tariff Page 1 of 7 REVISED INTERLOCAL AGREEMENT BETWEEN CITY OF MISSOULA, MISSOULA COUNTY, AND CITY OF BOZEMAN This Revised Interlocal Agreement (Agreement) for the development of a green tariff program is made and entered into between the City of Missoula (“Missoula”), Missoula County (“Missoula County”), and the City of Bozeman (“Bozeman”), jointly referenced in this agreement as “the Parties,” for the purpose of advancing the Parties’ clean energy goals. This Revised Interlocal Agreement supersedes and replaces the Interlocal Agreement between the Parties for the development of a Green Tariff dated February 10, 2021. RECITALS A. The Parties have a responsibility to protect and enhance the public health, safety, general welfare, and quality of life of their residents, and to that end they have each established a number of climate action goals and commitments, including a goal of 100% clean electricity by 2030; and B. A green tariff is an increasingly common mechanism by which customers of regulated utilities have the option to buy power from newly developed renewable energy sources through a special rate (or “tariff”) on their utility bills; and C. The Parties recognize that a well-designed green tariff has the potential to meaningfully advance their climate and clean energy goals; and D. In 2019 the Montana Public Service Commission approved a settlement agreement between NorthWestern Energy, the Montana Department of Environmental Quality, the Montana Consumer Counsel, and Walmart, in which NorthWestern Energy agreed to initiate a stakeholder process to explore the development of a green tariff; and E. The Parties are active participants in this stakeholder process; and F. The Parties each appropriated funds in the FY2021 budget year to advance their clean energy goals through such efforts as hiring a consultant to inform the development of a well-designed green tariff; and G. Missoula County, on behalf of the Parties, has issued a competitive Request For Proposals (RFP) to engage qualified consultants with expertise in utility rate design to support the development of a green tariff by NorthWestern Energy in order to advance the Parties’ clean energy goals; and 50 Revised Interlocal Agreement for Green Tariff Page 2 of 7 H. The Parties agree that the benefits of clean, renewable energy solutions and projects should be equitably available to all, and that such projects should cause no extraordinary burden on any particular group, especially low- and fixed-income households, Black, Indigenous and People of Color (BIPOC); and I. Montana Code Annotated Sections 7-11-101 et seq. authorizes the Parties to enter into this Agreement for the purpose of mutually securing and paying for a professional and qualified consultant to inform the development of a green tariff that will meaningfully advance the Parties’ clean energy goals. J. The Parties entered into an interlocal agreement dated February 10th, 2021 (“the Interlocal Agreement”), under which the Parties agreed to mutually secure and pay for a professional, qualified consultant to inform the development of a green tariff that will meaningfully advance the Parties’ clean energy goals. K. Section 1 of the Interlocal Agreement provided that the term of the Interlocal Agreement would be for two (2) years unless extended in six (6) month increments by mutual agreement of the Parties in writing. L. The Interlocal Agreement was extended on February 11, 2023, for a period of six (6) months. The extension was to allow time for the Parties to determine the appropriate amendments to the Interlocal Agreement’s duration and budget. M. The Parties continued to contract with a professional, qualified consultant to inform the development of a green tariff that will meaningfully advance the Parties’ clean energy goals, in alignment with the purpose of the Original Agreement. The Parties anticipated work with this consultant to continue through the end of 2025. N. The Interlocal Agreement was amended on June 20, 2023 (“Amendment 1”) to allow for longer durations of extension, beyond six (6) month increments, to align with the expected timeline of consultant services needed to support development of a green tariff that will meaningfully advance the Parties’ clean energy goals. Amendment 1 also increased the funds allocated to the contract with the consultant to pay for their continued work. Amendment 1 was effective as of August 11, 2023, and ends February 10, 2025. O. The Parties continue to pursue the development of a green tariff that will meaningfully advance the Parties’ clean energy goals, including the adoption of the Green Power Program Term Sheet (“Term Sheet”) in 2023. The Term Sheet outlines a series of procedural steps and documents necessary for the development of a green tariff. 51 Revised Interlocal Agreement for Green Tariff Page 3 of 7 P. The Parties anticipate the need to contract with additional qualified consultants, including but not limited to legal representation and communications and strategy experts, in order to develop a green tariff that will meaningfully advance the Parties’ clean energy goals. Q. The Parties would also like to increase the funds they may allocate to the contracts with the consultants to pay for their work. R. The Parties also desire to adjust the term of the Interlocal Agreement, allowing the Parties to indefinitely work cooperatively in the future on the green tariff program until such time as the Parties determine their goals are fulfilled. Based on the foregoing, the Parties agree as follows: 1. RECITALS INCORPORATED. The Recitals provided above are hereby incorporated. 2. SUPERSEDE INTERLOCAL AGREEMENT. The Interlocal Agreement between the Parties for the development of a green tariff program dated February 10, 2021, and the First Amendment to the Interlocal Agreement, dated June 20, 2023, are hereby superseded in their entirety and no longer have force and effect. Notwithstanding the above, the Parties commitments related to the payment of consultants as expressed in the Interlocal Agreement and the First Amendment are incorporated herein and survive. 3. DURATION. The duration or term of the Interlocal Agreement shall be perpetual until terminated by one or more parties. Should one party terminate this Agreement, the Interlocal Agreement remains effective as to the remaining Parties until such time as the other Parties terminates their participation in this Revised Interlocal Agreement. 4. ORGANIZATION, COMPOSITION AND NATURE OF ANY SEPARATE LEGAL ENTITY CREATED BY THE CONTRACT. The Parties agree that a separate legal entity is not created by this Revised Interlocal Agreement. The Parties are independent units of local government with separate governance boards. 5. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Revised Interlocal Agreement is to mutually secure and pay for professional, qualified consultants to inform the development of a green tariff that will meaningfully advance the Parties’ clean energy goals. The Parties may also perform other tasks necessary in fulfillment of the development of a green tariff. 52 Revised Interlocal Agreement for Green Tariff Page 4 of 7 6. MANNER OF COOPERATIVE UNDERTAKING AND ESTABLISHMENT OF BUDGET. The Parties are responsible for the following financial obligations: 6.1. The Parties are responsible for their own expenses unless otherwise provided for in this Agreement or by operation of law. 6.2. The Interlocal Agreement specified that the contract with the consultant should not exceed $138,000.00 without the consent of the Parties. Amendment 1 to the Interlocal Agreement extended the allocation by a total of $65,000, such that the contract with the consultant shall not exceed $203,000 without consent of the Parties. The Revised Interlocal Agreement extends this allowed allocation by a total of $65,000, such that the contracts with consultants now shall not exceed $268,000 without consent of the Parties. The Parties agree to contribute, subject to each Party’s budgetary appropriations, the following toward the contracts total: • Missoula County: up to $30,000 plus any additional amount allocated in Fiscal Year 2024, 2025, and 2026 • City of Missoula: up to $115,000 total between Fiscal Years 2021, 2022, 2023, 2024, 2025, and 2026 • City of Bozeman: up to $115,000 total between Fiscal Years 2021, 2022, 2023, 2024, 2025, and 2026 • City of Helena: up to $8,000 plus any additional amount allocated in Fiscal Year 2022 The City of Helena was party to the Original Agreement established in February 2021 but did not elect to extend the Agreement in 2023. The City of Helena therefore has not been a party to this Interlocal Agreement since the original agreement expired on February 10, 2023. Their contribution of $8,000 was spent down in full by the end of April of 2021. Should the Parties determine it necessary to complete additional tasks in development of a green tariff, the Parties may allocate additional funds for such tasks by approval of their chief executive officer, county commission, city council or city manager. Nothing herein binds a party to participate in any additional task nor does this Revised Interlocal bind a party to budget funds to participate in additional tasks. The purpose of authorizing the Parties to perform additional tasks and to allocate additional funds is to recognize such additional tasks may become necessary and to provide the Parties’ authority to perform such additional tasks. 6.3. Funding from the Parties shall be allocated from the Parties’ adopted budgets, but nothing herein binds a party to allocate funds. 53 Revised Interlocal Agreement for Green Tariff Page 5 of 7 6.4. For work in which a consultant is retained, Missoula County agrees to manage the contracts with the consultants and their subcontractors, including receiving invoices and making payments. 6.5. For work in which a consultant is retained, following payment to the consultants, Missoula County agrees to provide invoices to Missoula, and Bozeman for their portions of the payment. 6.6. For work in which a consultant is retained, upon receiving invoices from Missoula County, Missoula, and Bozeman agree to reimburse the County for their portions of the payment to the consultants. 6.7. Upon receiving invoices from Missoula County, Missoula, and Bozeman agree to reimburse the County for their portion of the payment to the consultant. 7. MANAGEMENT AND ADMINISTRATION, ROLES. The Parties are responsible for the following management and administrative activities: 7.1. Each party is respectively responsible for the management of its employees. 7.2. The Parties shall be jointly responsible for selecting all consultants. 7.3. Staff of the Parties shall review the contracts for compliance with their own contracting policies and then with the consultants prior to contract execution. The contracts shall require the consultants to consult jointly and regularly with staff of the Parties throughout the duration of the contracts. 7.4. After approval of the contract form by all Parties, Missoula County shall enter into the contracts with the consultants and shall be responsible for administering the contracts. 7.5. Staff of the Parties will jointly manage and provide direction to the consultants. 7.6. In the course of the activities described in Sections 7.2, 7.3, and 7.5, the Parties shall strive for consensus. In the absence of consensus, the decision of a majority of the Parties shall prevail. Any party that disagrees with a decision of the majority may choose to withdraw from this Agreement per Section 8. 8. WITHDRAWAL AND TERMINATION. Any party may withdraw from this Agreement unilaterally, with or without cause, by giving notice of withdrawal in writing at least 30 days 54 Revised Interlocal Agreement for Green Tariff Page 6 of 7 prior to date of withdrawal. The withdrawal of a party will not terminate the Agreement provided that at least two parties to the Agreement remain. The withdrawal of more than two parties will constitute termination of the Agreement. Withdrawing parties will be responsible for their portion of contract expenses incurred up to the point of withdrawal but will not be responsible for any expenses incurred beyond that point. 9. MANNER OF ACQUIRING, HOLDING AND DISPOSING OF REAL AND PERSONAL PROPERTY USED IN THE JOINT UNDERTAKING. No personal or real property shall be acquired, held and disposed of by the Parties in fulfillment of this Agreement. 10. RETIREMENT SYSTEM REPORTING. Each party is respectively responsible for any reports or payments of retirement system contributions for its employees. 11. INDEMNIFICATION. Each Party respectively shall defend, indemnify and hold harmless its employees and agents, from all claims, liabilities, causes of action or judgments, including costs and attorney fees, asserted by or awarded to third parties as a result of any negligent action or omission or willful misconduct, its employees or agents in performance of work or services. 12. FILING OF INTERLOCAL AGREEMENT. This Revised Interlocal Agreement shall be filed with the Missoula County Clerk and Recorder, the Gallatin County Clerk and Recorder, the Lewis and Clark County Clerk and Recorder, and the Montana Secretary of State. 13. AUTHORIZATION TO APPROPRIATE FUNDS. In accordance with Montana Code Annotated Section 7-11-108, the Parties may appropriate funds for the purpose of performance of this Agreement and provide such personnel or services therefore as may be within their legal power to furnish. 14. CONSENT TO ELECTRONIC SIGNATURES. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. #### End of Agreement Except for Signatures #### 55 Revised Interlocal Agreement for Green Tariff Page 7 of 7 Signed this ________ day of ____________________, 2024 MISSOULA COUNTY CITY OF MISSOULA BY: BY: ________________________________________ _______________________________________ David Strohmaier Andrea Davis Chair, Board of County Commissioners Mayor ________________________________________ ATTEST Josh Slotnick Commissioner _______________________________________ Claire Tremble ________________________________________ City Clerk Juanita Vero Commissioner ATTEST: ________________________________________ Tyler Gernant Clerk and Recorder CITY OF BOZEMAN BY: _______________________________________ Chuck Winn, Interim City Manager ATTEST _______________________________________ Mike Maas City Clerk 56 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Strategic Services Director Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize City Manager to Sign a Construction Agreement with Blanton Contracting LLC for Professional Building Elevator Machine Room Modernization MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign a Construction Agreement with Blanton Contracting LLC for Professional Building Elevator Machine Room Modernization STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:CIP Project GF001 is to modernize the existing elevator of the Stiff Professional Building. The project consists of replacing and rebuilding the operating components of a 1978 Otis Elevator hydraulic lift, as well as making required code compliance improvements to the elevator machine room and hoistway. As the elevator is approximately 45 years old, many of the building systems which support the elevator no longer meet current building and fire code. Modernizing the elevator itself triggers a requirement to bring the associated systems up to current code, such as the electrical supply and fire suppression systems. The elevator machine room code upgrades must be completed in advance of Otis Elevator beginning work to modernize the elevator equipment. To procure a general contractor to complete the machine room upgrades an RFP was published on January 13, 2024 with a February 23, 2024 due date. There were no responses to this RFP, so the RFP was published a second time which yielded a single proposal which exceeded the project budget. Having exhausted the RFP procurement process, the City began directly soliciting several general contractors interested in submitting a proposal. Blanton Contracting expressed interest in the project and submitted a project proposal to complete the machine room upgrades scope of work. This proposal was accepted as it met the project budget and timeline requirements to complete the required work in advance of Otis Elevator installing the modernized components. 57 UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by Bozeman City Commission FISCAL EFFECTS:This contract will incur costs of $178,022.40 to be paid from the GF001 Project Fund. Attachments: Construction Agreement - Blanton Contracting - Pro Elevator Machine Room Modernization - Compiled.pdf Report compiled on: April 29, 2024 58 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 1 of 16 CONSTRUCTION AGREEMENT This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Blanton Contracting LLC, 34 Remmy Way, Unit 1, Belgrade, MT 59714, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed to Stiff Professional Building Elevator Machine Room Modernization Project (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 59 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 2 of 16 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than August 15, 2024. Time is of the essence of completion of all work and each phase of the Construction Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Zero Dollars ($0.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of One Hundred and Seventy-Eight Thousand, Twenty-Two Dollars and 40 Cents ($178,022.40). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the 60 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 3 of 16 work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. 61 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 4 of 16 b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be 62 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 5 of 16 caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. 63 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 6 of 16 c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to 64 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 7 of 16 the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 65 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 8 of 16 14. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Assistant Superintendent, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Jake Berger, Project Manager, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 66 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 9 of 16 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 20. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The 67 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 10 of 16 Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to resume work on the Construction Project shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 68 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 11 of 16 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have 69 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 12 of 16 the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds: a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. e. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. f. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 70 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 13 of 16 g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: • Workers’ Compensation – not less than statutory limits; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Products and Completed Operations – $1,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance; • Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate 71 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 14 of 16 The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. • The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent (100%) of the Agreement amount. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 29. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 72 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 15 of 16 33. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties 73 Construction Agreement for Professional Building Elevator Machine Room Modernization FY2024-2025 Page 16 of 16 other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 43. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 74 EXHIBIT A 75 76 77 Elevator Modernization Project – Stiff Professional Building The City of Bozeman will be modernizing the elevator in the Stiff Professional Building at 20 E Olive St. Otis Elevator Co. will be retrofitting the existing elevator to bring it up to modern standards. With this project, there are several improvements to the machine room and elevator hoistway needed to bring the system up to code which are outside the scope of Otis Elevators contract. We are looking for a general contractor to undertake those improvements, which are summarized below. Carpentry: - Install 7’6” drop ceiling in machine room below pipes to meet fire rating requirement – fire rated access hatches to any plumbing controls - Remove all flammable sound dampening from machine room - Install second layer of sheetrock in machine room, patch and seal all penetrations to meet fire rating requirement - Inside hoistway, install 75 degree angle on top of horizontal surfaces (ledge at second floor) - Install new machine room door and jamb – fire rated same as machine room with auto close and spring lock - Patch holes in concrete block in hoistway, maintaining hoistway fire rating - sheetrock gaps between elevator door jambs and walls inside hoistway Plumbing: - Sump Pump designed for elevators with oil separator pinned to floor of bottom of hoistway discharged to sanitary sewer Electrical: - Machine room thermostatic fire rated exhaust fan for temperature control requirement vented to hoistway and a fire rated passive air intake. Fan should have ~135cfm capacity. - Relocate existing light in machine room for drop ceiling, increase overall lighting - Replace elevator main power disconnect with shunt trip - Re-route conduit to elevator machinery - Replace electrical conduit in pit to be either 4’ above bottom of pit or watertight - 110v in machine room – overload protection in room- elevator code 620 - Replace outlet in pit with GFCI - Install outlet for sump pump connection. Fire Suppression Systems: - Relocate smoke/heat detectors at top of shaft to next to sprinkler - Relocate smoke/heat detectors in machine room after hard lid installed - Relocate machine room sprinkler heads through new drop ceiling - Smoke/heat at bottom of shaft not needed - Shunt trip breaker fire protection interconnect as required by code 78 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign Professional Services Agreement with Greenspace Landscaping, Inc. for Downtown Tree Replacements MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with between Downtown Urban Renewal District and Greenspace Landscaping, Inc. for stump removal and tree replacement for three tree locations in Downtown Bozeman. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND: The Downtown Bozeman Partnership is seeking professional services to remove and replace three tree stumps in the downtown core district. Between 2019 and 2022, thirteen dead trees along Main Street were cut with intention to remove and replace stumps within the following year. Covid and staffing issues extended the original completion and have required for added support to the City Forestry Department from the Downtown Bozeman Partnership in order to complete the needed work within a reasonable timeline. The project is in accordance with the 2019 Downtown Bozeman Improvement Plan. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:This downtown tree replacement is estimated to be $7,900. Attachments: PSA_Tree Project_Greenspace2024.pdf Est_3299_from_Greenspace_Landscaping_Inc._13420.pdf Report compiled on: April 24, 2024 79 80 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ___ day of ______, 2024 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Greenspace Landscaping, Inc., hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _1st_ day of _September_, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor $7,900.00. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 81 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 2 of 14 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific 82 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 3 of 14 steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance 83 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 4 of 14 policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. 84 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 5 of 14 The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of 85 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 6 of 14 Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 86 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 7 of 14 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Bill Halpin or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 87 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 8 of 14 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish 88 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 9 of 14 such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 89 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 10 of 14 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire 90 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 11 of 14 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Greenspace Landscaping) By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 91 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 12 of 14 EXHIBIT A PROJECT OVERVIEW: The Downtown Bozeman Partnership is seeking professional services to remove and replace three tree stumps in the downtown core district. Between 2019 and 2022, thirteen dead trees along Main Street were cut with intention to remove and replace stumps within the following year. Covid and staffing issues extended the original completion and have required for added support to the City Forestry Department from the Downtown Bozeman Partnership in order to complete the needed work within a reasonable timeline. The project is in accordance with the 2019 Downtown Bozeman Improvement Plan. SCOPE OF SERVICES: 1. Contractor agrees to stump removal, planting and installing three trees, at the following locations: A. 108 W Main Street/N Willson, near Chalet Sports B. 122 W Main Street, near The Lark C. 44 E Main Street, near the Community Food Co-op 2. Contractor shall select tree species and cultivars from only the following: o Alder (Alnus spp.) – single-trunk, tree form only o Amur cherry (Prunus maackii) o Elms (Ulmus spp.) – ‘Brandon’ and ‘Accolade’ cultivars prohibited o Hackberry (Celtis occidentalis) o Hawthorn (Crataegus spp.) – thornless cultivars only o Japanese tree lilac (Syringa reticulata) o Kentucky coffeetree (Gymnocladus dioicus) – male cultivars only o Kentucky yellowwood (Cladrastis kentuckea) o Lindens (Tilia spp.) – ‘Harvest Gold’ cultivar only o Red Maple (Acer rubrum) – ‘Northwood’ cultivar only o Norway Maple (Acer platanoides) 3. Trees planted not to exceed more than three (3) individuals from any one species or cultivar. 4. Only balled-and-burlapped trees or container-grown trees will be accepted; not to exceed 2.0” caliper. 5. Trees planted to include 3-4” layer of wood chip mulch. 6. Trees planted within tree pits shall include installation of ADA-compliant, cast-iron grates and trunk guards. Additional grates and guards will be supplied by the Forestry Division. 92 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 13 of 14 7. All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50% native backfill soil and 50% compost/topsoil mix. 8. Contractor shall be responsible for removal of any remaining stumps, to a minimum depth of twenty-four (24) inches. 9. Contractor shall adhere to ANSI Z133 for Arboricultural Operations – Safety Operations. 10. Contractor is required to implement a traffic control plan during construction. 11. Contractor shall remove and replace the existing electrical outlets, conduit and wiring as required. 12. Contractor should document any presence of irrigation. 13. Contractor shall adhere to MUTCD standards for work within public rights of way. 14. Contractor shall clean the work site and remove any debris after completing work, including the removal of branches, twigs and chips (Sec.16.05.360). 15. The proposed work areas of this contract are within the East Main Street right-of-way, which is a state highway, owned and maintained by the department of transportation. The contractor shall be responsible for contacting the Montana Department of Transportation prior to beginning work and obtaining any permits and authorizations required by this department to complete the proposed work. SITE PREP NEEDED: • Excavate existing soil to a depth of 2’; decompact and backfill with mix of existing soil + amended topsoil • All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50% native backfill soil and 50% compost/topsoil mix. • Contractor shall be responsible for removal of any remaining stumps, to a minimum depth of twenty-four (24) inches. MISC: • Spacing/locations may be impacted by underground utility locates • Additional coordination may be required with City of Bozeman Engineering, City Community Development, NorthWestern Energy and adjacent property owners for two of the trees with current conduit located at the base. o Alex Norquest, City Forester – 406-582-3225, anordquest@bozeman.net o Kellen Gamradt, City Engineer – 406-582-2283, kgamradt@bozeman.net o Building Department Inspections – 406-582-2375 • Conflicting utility concerns may be reduced by planting smaller-growing tree species DATES: All work must be completed between May 1, 2024 and September 1, 2024. Once work begins, 93 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 14 of 14 completion must be within 60 days. TOTAL ESTIMATED PROJECT COST - $7,900, additional labor cost based on coordination time for electrical needs. 94 Estimate DATE 4/19/2024 NAME / ADDRESS Downtown Tax Increment Finance Board 222 E. Main St. #302 Bozeman, MT 59715 Greenspace Landscaping, Inc. Bozeman, MT 59715 (406) 586-3750 DESCRIPTION QTY TOTALCOST Landscape- Tree Stump Removal and Replacement COOP, LARK, CHALET SPORTS Landscape Labor Includes: City Trees COOP, LARK, CHALET SPORTS Removal of Existing Tree Grates and Guards. Excavate around Existing stumps for stump grinder access and work. Excavate around remaining stumps and Chainsaw and manually chop out all remaining tree stump and root material. Find existing irrigation lines if present and evaluate existing condition and report to Ellie and City? Install new composted topsoil and bring to grade/ Water in new topsoil compost mix prior to planting to remove future settling. Install new tree as per City requirements. Re-Install tree grates and guards. Daily Cleanup. Management. 1 7,900.007,900.00 NOTES: Chalet Sports and COOP stum removal will take a lot of time to remove existing stumps. COOP stump would have been much easier if City Forester did not stump existing tree last week!!! This made this job much more labor intensive and time consuming! This work should be done ASAP before Summer traffic is at peak! Greenspace can perform this work the week of April 22nd. $7,900.00 95 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Gradient Landscapes LLC. for the Installation of a Drought Tolerant Demonstration Garden at the Stiff Professional Building MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Gradient Landscapes LLC. for the Installation of a Drought Tolerant Demonstration Garden at the Stiff Professional Building. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The core objective of the City’s water conservation program is to educate and empower residents to use water efficiently. With nearly 50% of annual residential water use going into lawns and landscapes, demonstrating the many benefits of drought tolerant landscapes can inspire residents to retrofit their landscapes into drought resilient spaces that save water and offer additional benefits. These benefits include but are not limited to providing wildlife habitat, supporting pollinators, reducing stormwater runoff, reducing the use of pesticides and fertilizers, increasing plant diversity, improving watershed health, and reducing maintenance. On June 28th, 2022 the City Commission adopted a budget amendment of $15,000 to support the installation of three drought tolerant demonstration gardens. After encountering challenges in identifying three separate public locations for the installation of three gardens and soliciting bids to complete the work for one garden, it was decided that the $15,000 be used to support the installation of one garden at the Stiff Professional Building which is a publicly accessible city facility located on a relatively high-traffic street corner - maximizing exposure to the public. The demonstration garden design features only native drought tolerant plants, making this a unique garden when compared to other demonstration gardens in the community. The garden will be installed in place of existing irrigated turfgrass; the existing overhead spray irrigation will be converted to drip irrigation making this an excellent example of how homeowners can 96 follow suit in their own yards. Staff will document the process and provide that information as a resource to residents interested in removing turf, converting to efficient drip irrigation, and installing drought tolerant plants. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total project cost is $21,677.00 and will be paid for out of the Water Conservation Division professional services fund. Attachments: PSA_Gradient Landscapes_Stiff Pro Building Demo Garden.pdf Exhibit A_Stiff Professional Building Demo Garden_FINAL.pdf Report compiled on: April 25, 2024 97 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2024 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Gradient Landscape, LLC, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 98 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 99 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 100 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 101 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 102 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 6 of 11 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jessica Ahlstrom, Water Conservation Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Tyler O’Leary, Managing Member, Gradient Landscapes, LLC., or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or 103 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 7 of 11 communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 104 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 105 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 106 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 10 of 11 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31.Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than three years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA By________________________________ Chuck Winn, Interim City Manager GRADIENT LANDSCAPES, LLC By__________________________________ Tyler O’Leary, Managing Member APPROVED AS TO FORM: 107 Professional Services Agreement for Stiff Professional Building Drought Tolerant Demonstration Garden Page 11 of 11 By_______________________________ Greg Sullivan, Bozeman City Attorney 108 Gradient Landscapes 401 N Quaw Blvd Belgrade, MT 59714 406.579.8666 Budget Estimate: 24-0505 Date Issued: 05/05/2024 Page 1 Landscape Proposal Drought Tolerant Demonstration Garden : Alfred Stiff Building20 E OliveBozeman, Montana Mobilization & Initial Site Work Initial site work, demolition of existing turf grass along east side of Stiff building, excavation of all planting beds to a minimum depth of 6”. -Mobilization of equipment & Materials to site -Planting bed excavation -Demolition of existing landscape -Haul off of unwanted materials and debris -Pricing assumes native soil is of good quality and can be amended on site $5,065 Planting Bed Prep Installation of organic compost within all planting bed areas. A minimum depth of 6” compost will be incorporated with existing topsoil for a minimum amended soil depth of 12”. Total Area: 820 Sqft $3,029 Planting : Perennials Installation of drought tolerant plantings per plan. 1 Gal Perennials & Grasses 99 Ea $2,376 Mulch Planting Beds Installation of organic mulch within all planting beds, final mulch selection TBD. Total Area: 820 sqft $3,075 Irrigation : Demo Existing Demolition of existing overhead irrigation within east lawn. All existing irrigation to be removed and caped within valve box. Existing irrigation laterals and valving to be adapted to proposed drip irrigation. $2,060 Irrigation : Drip Installation of underground dripline irrigation within all planting beds. Pricing includes incorporation of existing plantings along east side of building Total Area: 1,013 sqft $3,545 Steel Edging Installation of 3/16”x4” welded steel edging separating proposed planting area from adjacent lawn and crusher fines seating area Total Length: 55 Lnft $1,265 Crusher Fines Path Installation of compacted crusher fines path and picnic table area. Pricing includes compacted road mix footing. $,1262 Project Total as Drawn: $21,677 EXHIBIT A: SCOPE OF SERVICES 109 Page 2 Warranty Budget Estimate: 24-0505 Date Issued: 05/05/2024 Notes Summary 1.All pricing based off of ‘Drought Tolerant Demonstration Garden Plan’, dated 05/01/2024. Pricing will be adjusted and revised if additional details and/or drawings are developed. 2.Pricing based off of the ability of Gradient Landscapes to complete the project with (1) mobilization and without major delays, prices subject to change due to delays caused by other trades, inclement weather, unforeseen project modifications, and project scheduling conflicts. 3.Project scope is scheduled for and budgeted as represented in the landscape drawing set listed above, any work outside of agreed upon project scope will be charged on a time & materials basis, Gradient Landscapes will provide a to-not-exceed budget amount for any additional work outside of original budget estimate if requested by architect and/or client. Gradient Landscapes reserves the right to refuse any additional work outside of the original project scope. 4.Irrigation pricing assumes 25 gpm and 50 psi at point of connection. If flow rates vary pricing may increase. Irrigation pricing is best guess based on information provided within the landscape drawings. Irrigation system will be field fit by landscape contractor. If unknown site conditions are discovered the client will be notified if irrigation installation will exceed $1000 over total budgeted amount prior to work beginning. 5.Drip irrigation pricing assumes subsurface dripline irrigation to be used within all planting beds . 6.Existing irrigation repair is ‘best guess’ actual time and materials to be charged Plant Material: All plant material to be warrantied for (1 yr) from the date of planting if installed with a permanent underground irrigation system. This warranty does not cover any damage caused by animals, pests / disease, natural disasters, improper irrigation, improper maintenance, and/or any other circumstance outside the control of Gradient Landscapes. Workmanship & Materials: All workmanship and materials provided by Gradient Landscapes are guaranteed for (2 yrs) from the date of installation. This guarantee does not cover damage caused by accidents, natural disasters, neglect, or any other circumstance outside the control of Gradient Landscapes. Irrigation System: All permanent underground irrigation installed by Gradient Landscapes will be guaranteed for (2 yrs) from the date of installation to be free from defects in workmanship. All irrigation parts will carry manufacturers warranty. Warranty is void if irrigation system is not professionally maintained, Gradient Landscapes reserves the right to void the warranty if its determined by Gradient Landscapes that any damages were caused by improper maintenance, improper winterization, natural disasters, neglect, or any other incident outside the control of Gradient Landscapes. Terms •Gradient Landscapes will be responsible for marking all public utilities through ‘One Call Services’ prior to any digging or excavation work. If any additional private utility locates are required, all additional charges will the responsibility of client/ homeowner. •Gradient Landscapes shall maintain up-to-date insurance policies including but not limited to: General Liability, Workers Compensation, Automobile Coverage. •Gradient Landscapes shall not be held liable for any delay due to circumstances beyond its control, including but not limited to; Inclement weather & material delays. •Material Escalation: Materials pricing is valid for 30-days from date of estimate after which, Gradient Landscapes reserves the right to adjust material pricing as needed to accommodate for market fluctuations. Invoicing Schedule 30% Deposit due at signing of approved ‘Budget Estimate’ 70% Due upon project completion Payment Terms All payments are due upon receipt of invoice. A 5% monthly late fee will be applied to all invoices after (30 days) from original invoice date. Gradient Landscapes reserves the right to place a ‘contractors lien’ against the property for the amount of any unpaid invoice after (90 days) from original invoice date. City of Bozeman : Alfred Stiff Demonstration Garden20 E OliveBozeman, Montana 110 CRUSHER FINES SURFACE NEW STEEL EDGING EXISTING PICNIC TABLE NEW STEEL EDGING EXISTING SCULPTURE 820 SF WOOD MULCH EXISTING EDGING SHRUBS BOTANICAL NAME QTY HARDSCAPE QTY CRUSHER FINES 155 SF Agastache foeniculum Agastache urticifolia Aquilegia flavescens Arctostaphylos uva-ursi Campanula rotundifolia Elymus cinereus Liatris punctata Linum lewisii Lupinus argenteus Monarda fistuloa Rudbeckia occidentalis Solidago canadensis Solidago rigida Sporobolus airoides Symphyotrichum laeve STEEL EDGING 55 LF 4 4 6 7 22 7 2 10 8 6 5 5 6 4 3 Anise Hyssop Nettleleaf Giant Hyssop Yellow Columbine Kinnickinnick Harebells Basin Wildrye Gayfeather, Dotted Blue Flax Silvery Lupine Wild bergamot Western Coneflower Canada Goldenrod Stiff Goldenrod Alkalai Sacoton Smooth Blue Aster COMMON NAME 1 2 3 4 5 PROJECT NUMBER DATE REVISION ABCDNATIVE PLANT DEMONSTRATION GARDENALFRED M STIFF BUILDING20 E OLIVE ST, BOZEMAN, MTCONSTRUCTION SET | 04.24.20246 1 2 3 4 5 6 CITY OF BOZEMAN7 E BEALL ST. SUITE 100L 100 LANDSCAPE PLAN LANDSCAPE PLAN SCALE: 3" = 1'-0" 0'4'8' 1.VERIFY PLANT COUNTS AND SQUARE FOOTAGES. QUANTITIES ARE PROVIDED FOR INFORMATION ONLY. IF QUANTITIES ON PLANT LIST DIFFER FROM GRAPHIC INDICATIONS THEN GRAPHICS SHALL PREVAIL. 2.PERFORM EXCAVATION IN THE VICINITY OF UNDERGROUND UTILITIES WITH CARE AND IF NECESSARY BY HAND. THE CONTRACTOR BEARS FULL RESPONSIBILITY FOR THIS WORK AND DISRUPTION OR DAMAGE TO UTILITIES SHALL BE REPAIRED IMMEDIATELY AT NO EXPENSE TO THE OWNER. 3.PROVIDE MATCHING FORMS AND SIZES FOR PLANT MATERIALS WITHIN EACH SPECIES AND SIZE DESIGNATED ON THE DRAWINGS. 4.WOOD MULCH TO BE APPLIED TO ALL LANDSCAPE AREAS AT A 3" DEPTH MINIMUM. 5.ALL LANDSCAPE AREAS SHALL BE GRADED SO THAT FINISHED GRADE AFTER MULCHING IS ONE HALF (1/2) INCHES BELOW CONCRETE OR OTHER PAVED SURFACES. LANDSCAPE NOTES LANDSCAPE LEGEND AMENDED TOPSOIL MULCH AT PLANTING AREAS (820 SF) WOOD MULCH, 3" DEEP IN ALL PLANTING AREAS A1 NOTE: EXCAVATE PLANTING PITS AS SQUARE PLANTING HOLES EXISTING SUBGRADE BACKFILL MATERIAL WOOD MULCH, 3" DEEP AMENDED SOIL 2 X DIAMETER OF ROOTBALL OR 18" MIN, WHICHEVER IS LARGER INSTALL PLANTING ROOT BALL EVEN WITH FINISH GRADE MULCH NTS A2 PLANTING DETAIL, TYP. NTS 0.5" REVEAL BETWEEN MULCH AND ADJACENT HARDSCAPE A3 CRUSHER FINES NTS ADJACENT PLANTING BED WITH WOOD MULCH 3" DEEP MINIMUM, COMPACTED CRUSHER FINES. COLOR TO BE COORDINATED. 3" OF COMPACTED AGGREGATE BASE, 3/4" MINUS STONE. EXTEND 6" MIN BEYOND EDGE COMPACTED OR UNDISTURBED SUBGRADE EXISTING EDGING AND ADJACENT LANDSCAPING STEEL EDGING ALFRED M. STIFF BUILDING 111 ABANDON EXISTING ZONE 1 OVERHEAD IRRIGATION IN PLACE BUT REMOVE SPRAY HEADS REPLACE EXISTING ZONE 1 VALVE 1" EXISTING ZONE 2 HEAD TO REMAIN IN PLACE EXISTING ZONE 2 HEAD TO REMAIN IN PLACE SYMBOL DESCRIPTION MODEL DETAILQTY 1 1,020 L.F. 50 L.F. IRRIGATION CONTROL VALVE RAINBIRD XCZ-100-PRF SURFACE DRIPLINE RAINBIRD XFD-06-12 LATERAL LINE EXISTING ZONE 2 HEAD A5/L300 A1/L300 C5/L300 1 2 3 4 5 PROJECT NUMBER DATE REVISION ABCDNATIVE PLANT DEMONSTRATION GARDENALFRED M STIFF BUILDING20 E OLIVE ST, BOZEMAN, MTCONSTRUCTION SET | 04.24.20246 1 2 3 4 5 6 CITY OF BOZEMAN7 E BEALL ST. SUITE 100L 200 IRRIGATION PLAN IRRIGATION PLAN SCALE 3" = 1' - 0" 0'4'8' 1.LOCATION OF EXISTING VALVE IS APPROXIMATE. CONTRACTOR TO FIELD VERIFY VALVE. IF THERE ARE ANY MAJOR DEVIATIONS, CONTACT THE OWNER'S REPRESENTATIVE IMMEDIATELY ON HOW TO PROCEED. 2.EXISTING IRRIGATION CONTROLLER IS LOCATED INSIDE BUILDING IN THE MECHANICAL ENCLOSURE. 3.ENSURE EXISTING IRRIGATION AREAS ARE NOT DISRUPTED. ALERT OWNER'S REPRESENTATIVE IF EXISTING IRRIGATION USE CHANGES OR IS NO LONGER OPERABLE. 4.EXISTING IRRIGATION DAMAGED BY CONSTRUCTION TO BE REPAIRED AT NO EXPENSE TO THE OWNER. 5.NOTIFY OWNER'S REPRESENTATIVE FOR ANY DECISIONS WHICH ARE DEEMED NECESSARY FOR ADJUSTMENT OF DESIGNED SYSTEM. 6.THE IRRIGATION SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH ALL LOCAL CODES AND ORDINANCES BY A LICENSED LANDSCAPE CONTRACTOR AND EXPERIENCED WORKERS, AND ALL PERMITS SHALL BE OBTAINED AND FEES PAID BY THE CONTRACTOR. 7.NOTIFY OWNER'S REPRESENTATIVE FOR APPROVAL FOR ANY CHANGES IN MATERIAL. IRRIGATION NOTES IRRIGATION LEGEND ALFRED M. STIFF BUILDING 112 1 2 3 4 5 PROJECT NUMBER DATE REVISION ABCDNATIVE PLANT DEMONSTRATION GARDENALFRED M STIFF BUILDING20 E OLIVE ST, BOZEMAN, MTCONSTRUCTION SET | 04.24.20246 1 2 3 4 5 6 CITY OF BOZEMAN7 E BEALL ST. SUITE 100L 300 IRRIGATION DETAILS 1 2 3 4 5 10 11 12 7 8 9 SIDE VIEW 6 10 6 7 2 1 2 3 4 5 7 8 9 10 11 12 FINISH GRADE STANDARD VALVE BOX WITH COVER: RAIN BIRD VB-STD WATERPROOF CONNECTION: RAIN BIRD DB SERIES VALVE ID TAG 30-INCH LINEAR LENGTH OF WIRE, COILED PRESSURE REGULATING FILTER: RAIN BIRD PRF-100-RBY (INCLUDED IN XCZ-100-PRF KIT) LATERAL PIPE PVC SCH 40 FEMALE ADAPTOR OR REDUCER REMOTE CONTROL VALVE: RAIN BIRD 100-DV (INCLUDED IN XCZ-100-PRF KIT) PVC SCH 40 TEE OR ELL TO MANIFOLD 3-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVEL 6 MANIFOLD PIPE AND FITTINGS TOP VIEW A5 CONTROL VALVE 1 1/2" = 1'-0" 1 2 1 2 3 4 5 FINISH GRADE/TOP OF MULCH 10" ROUND VALVE BOX WITH COVER 6 7 A3 FLUSH POINT WITH PVC BALL VALVE 1 1/2" = 1'-0" WIRE W/O CONDUIT LATERAL ONLY WIRING ONLY IN CONDUIT PLAN TIE A 24" LOOP IN ALL WIRING AT CHANGES OF DIRECTION, UNTIE AFTER ALL CONNECTIONS ARE MADE NOTES: 1. LATERAL LINE SHALL HAVE 12" MIN. COVER. C5 TRENCHING 1/2" = 1'-0" XFD Dripline Maximum Lateral Lengths (Feet) Inlet Pressure psi 12" Spacing 18" Spacing 24" Spacing Nominal Flow (gph)Nominal Flow (gph)Nominal Flow (gph) 0.6 0.9 0.6 0.9 0.6 0.9 15 273 155 314 250 424 322 20 318 169 353 294 508 368 30 360 230 413 350 586 414 40 395 255 465 402 652 474 50 417 285 528 420 720 488 60 460 290 596 455 780 514 QF-FLUSH HEADER OR OTHER PRE-INSTALLED BARB FITTING, QF PRODUCT ONLY FLUSH POINT WITH PVC BALL VALVE, SEE A3/L300 PERIMETER OF AREA PERIMETER DRIPLINE PIPE TO BE INSTALLED 2"-4 FROM PERIMETER OF AREA RAIN BIRD XFD SERIES DRIPLINE (TYPICAL) QF-SUPPLY HEADER OR OTHER PVC DRIP MANIFOLD FROM RAIN BIRD CONTROL ZONE VALVE KIT (SIZED TO MEET LATERAL FLOW DEMAND) PVC SCH 40 ELL (TYPICAL) PVC SCH 40 RISER PIPE MALE ADAPTER INSERT STAINLESS STEEL, OETIKER OR MURRAY CLAMP PVC SCH 40 CAP OPERATION INDICATOR RAIN BIRD MODEL: OPERIND XF SERIES TIE-DOWN STAKES (TDS-050)REFER TO RAIN BIRD DRIPLINE DESIGN GUIDE FOR PROPER SPACING NOTES: 1. DISTANCE BETWEEN LATERAL ROWS AND EMITTER SPACING TO BE BASED ON SOIL TYPE, PLANT MATERIALS AND CHANGES IN ELEVATION. SEE INSTALLATION SPECIFICATIONS ON RAIN BIRD WEB SITE (WWW.RAINBIRD.COM) FOR SUGGESTED SPACING. 2. LENGTH OF LONGEST DRIPLINE LATERAL SHOULD NOT EXCEED THE MAXIMUM SPACING SHOWN IN THE ACCOMPANYING TABLE. A1 SURFACE DRIPLINE NTS DRIP HEADER STAINLESS STEEL, OETIKER OR MURRAY CLAMP MALE ADAPTER INSERT PVC SCH 40 BALL VALVE SBE-050 ELL 8 1'-3' SWING PIPE, COILED 9 3-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVEL 3 4 5 6 9 7 8 SECTION 113 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to sign Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Engineering Services to Design the Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with the firm of Advanced Engineering and Environmental Services, LLC providing engineering services to design the Phase I Rehabilitation Improvements to the City’s Sourdough Water Storage Tank. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City constructed the Sourdough water storage tank, located at the intersection of Sourdough Road and Goldenstein Lane, in the 1950’s and has continually operated the asset for the last 70 years. The tank is a partially buried cast-in-place circular concrete reservoir with a nominal volume of four million gallons. Various exterior rehabilitation improvement projects have occurred over the last two decades; however, City staff has noted deterioration of the interior concrete and appurtenances of the tank. In 2020, a tank evaluation was performed that assessed rehabilitation and replacement options. Through this effort, the City determined that rehabilitation of the tank, rather than full scale replacement, is the proper course of action. Two tiers of rehabilitation improvements were outlined in the tank evaluation deliverable, level 1 and level 2, based on condition assessment data collected by a team of divers while the tank was online. Level 2 rehabilitation scope requires additional condition assessment activities to occur while the tank is offline to identify if further rehabilitation items are necessary. With the completion of the City’s 5.3 million gallon finished water storage tank at the Sourdough Water Treatment Plant and the parallel Sourdough Transmission Main, critical infrastructure redundancies are in place to allow 114 for Sourdough Tank to be taken offline for the rehabilitation improvements and additional condition assessment. The City included the Level 1, now referred to as Phase I, rehabilitation improvements in the Capital Improvement Plan as Project No. W84. After completing the public procurement process, the City entered into a Professional Service Agreement (PSA) with the engineering firm Advanced Engineering and Environmental Services, LLC (AE2S) on November 21st, 2023 to design and bid the Phase I rehabilitation improvements. Through the design effort, the City has identified the need for additional instrumentation and controls not previously included in the scope of services that should be incorporated into the final design as well as adjusted the bidding to include additive alternatives. Amendment 1 expands the current PSA scope of services to include the identified instrumentation and controls in the design as well as adjust the bidding to include additive alternatives. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The current PSA’s total is $108,000. Amendment No. 1 adds a cost of $10,900 bringing the total to $118,900. This project has been identified in the City Capital Improvement Plan as project No. W84, and has a total of $800,000 in funds budgeted. Attachments: PSA Amendment 1_Sourdough Tank Ph 1 Rehab_AE2S.pdf Report compiled on: May 2, 2024 115 Page 1 of 2 Engineer’s Project #: P05097-2022-013 Amendment No. 1 to Professional Services Agreement for: Bozeman Sourdough Tank Rehabilitation Project THIS AGREEMENT is made as of this ________ day of _______________ 2024, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated November 21st, 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: Amend Article 6 – Compensation for Engineering Services of the Original Agreement as follows: 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $103,900.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.2 through 4.3) shall not exceed the following ceilings: • $68,574.00 (66% of design fee) until the Preliminary Engineering Phase deliverables have been submitted to the OWNER. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.3) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. DELETE items number 5 and 15 from Paragraph 12.2 – Assumptions & Exclusions in Exhibit A. ADD the following Objectives to Paragraph 12.4.1 of Exhibit A: • Provide Designs for the addition of instrumentation and controls for SCADA integration. • Identify Alternate Additions to the Bidder’s Award to grant Owner additional controls over project costs. ADD the following Deliverables to Paragraph 12.4.2 of Exhibit A: 116 Page 2 of 2 Engineer’s Project #: P05097-2022-013 • 90% Procurement Drawings and Specifications for Instrumentation & Controls for improved security and SCADA level monitoring. • Bid Alternative Coordination – notations on Project Drawings and Specifications Section 01 23 00 – Alternates to define scope of Owner’s Bid Alternatives. REPLACE the Estimated Compensation Summary Table in Paragraph 12.9 of Exhibit A with the table provided below: Engineer is authorized to begin performance upon its receipt of a copy of this Amendment signed by Owner. IN WITNESS WHEREOF, the parties hereto do make and execute this Amendment on the day and year first above written. CITY OF BOZEMAN ___________________________________ Chuck Winn Interim City Manager ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney CONSULTANT By:_______________________________________ Zach Magdol, PE Operations Manager 117 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with Morrison Maierle for the Engineering Design Standards Update for Downtown Design Standards MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement Amendment Number 2 for the Engineering Design Standards Update for Downtown Design Standards with Morrison Maierle. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Phase 1 of the engineering design standards update is complete and Phase 2 is almost complete. Phase 1 work focused on establishing a baseline for the overall standards update, obtaining targeted stakeholder input, and developing draft storm drainage design standards. Phase 2 work will provide an overall update of the City of Bozeman Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to the Montana Public Works Standard Specifications (City Modifications). The project goal is to develop design standards for the Bozeman downtown area which will primarily apply to land within the Downtown Tax Increment District. The standards will focus on items within the public right of way such as sidewalks, lighting, benches, tree grates, and landscaping. The standards will also reference other relevant regulations, standards, and permitting requirements as appropriate (i.e. Bozeman UDC, Engineering Standards, etc.). The standards for many of these items have already been established, so efforts will largely be compiling these items into an accessible format. It is understood that requirements may differ depending on the street or area. The intent is to provide clear guidance for consistency within the downtown streetscape. Original PSA with Morrison-Maierle attached for reference. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the commission. 118 FISCAL EFFECTS:The total project cost is $47,300 per the attached City of Bozeman Design Standards Update Downtown Standards Scope of Services. Funds are included in Downtown Urban Renewal District's fiscal year 2024 and proposed 2025 budgets, and those budgets are sufficient for this work including funds. Attachments: PSA Amendment Downtown Design Standards DURD.pdf Exhibit A Downtown Design Standards Scope of Services.pdf 20- Professional Services Agreement - Morrison-Maierle for Design Standard Update.pdf Report compiled on: April 25, 2024 119 Amendment No. 2 to Professional Services Agreement for City of Bozeman Design Standards Update THIS AGREEMENT is made as of this 14th day of May, 2024, between the DOWNTOWN URBAN RENEWAL DISTRICT, an agency of the CITY OF BOZEMAN, MONTANA, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Morrison-Maierle, an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated December 22, 2020, 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: amend the scope and fee to provide for the addition of Downtown Design Standards of the City of Bozeman Design Standards Update Project per the attached Exhibit A. 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: Mike Maas City Clerk APPROVED AS TO FORM By: City Attorney ENGINEER By: Its: ATTEST: By: 120 April 18, 2024 Ellie Staley Downtown Bozeman Urban Renewal District 222 East Main Street, Suite 302 Bozeman, MT 59715 Re: City of Bozeman Downtown Design Standards Dear Ms. Staley: Morrison-Maierle is pleased to provide you with a scope and budgetary fee proposal for preparing streetscape design standards for downtown Bozeman. Project Description The project goal is to develop design standards for the Bozeman downtown area which will primarily apply to land within the Downtown Tax Increment District. The standards will focus on items within the public right of way such as sidewalks, lighting, benches, tree grates, and landscaping. The standards will also reference other relevant regulations, standards, and permitting requirements as appropriate (i.e. Bozeman UDC, Engineering Standards, etc.). The standards for many of these items have already been established, so efforts will largely be compiling these items into an accessible format. It is understood that requirements may differ depending on the street or area. The intent is to provide clear guidance for consistency within the downtown streetscape. Figure 1 Downtown Tax Increment District Exhibit A 121 Scope of Services Our Professional Services Fees are based on the anticipated Scope of Services outlined below. Task 000 – Project Management · Contracting, accounting, and management of personnel · Check-in meetings every two to four weeks Task 100 – Stakeholder Coordination Downtown Design Standard stakeholders will be consulted during development of the proposed standards. It is anticipated that the primary stakeholders include the Downtown Bozeman Partnership, City of Bozeman Engineering Division, City of Bozeman Economic Development Department, and Montana Department of Transportation. It is assumed that we will participate in one meeting with MDT and all other stakeholder coordination will be performed by the client. Task 200 – Document Preparation · Progressive drafts of the Downtown Design Standards will be submitted to stakeholders for review and comment. It is anticipated that Review Drafts will be submitted as follows: o A detailed outline and list of the intended content o 65% Review Draft o 95% Review Draft · Final document for publication will be prepared in accordance with City of Bozeman accessibility requirements and formatting will be similar to the engineering standards for consistency. Task 300 – Standard Details · Standard Details will be drafted in AutoCAD for consistency in appearance, text size, title block, etc. Existing details provided by the client will be used as a reference and content will be edited as needed. Assumes 15 drawings. Estimated Professional Services Fees Based on our current understanding of the Phase 2 Scope of Services outlined in this letter, the estimated fees for each of the major tasks are summarized below. Task 000 Project Management $ 7,000 Task 100 Stakeholder Coordination $ 2,500 Task 200 Document Preparation $ 19,500 Task 300 Standard Details $ 18,300 Total $ 47,300 Additional Services The following items are not included: · Changes to street sections and street markings/lane configurations · Traffic calming · Lighting design beyond specifying poles 122 Morrison-Maierle is excited to work with you to develop Downtown Design Standards. If you have any questions, please don’t hesitate to contact me. Sincerely, Morrison-Maierle ______________________________ Brad Hammerquist, PE Project Manager cc: File 123 PM CMS1 QA1 QA2 QA3 DT1 DT2 DT3 CAD ADM1 ADM2 Total Total Task 000 Project Management 010 Project/Contract Administration 12 12 2,364$ 020 Project Management and Coordination 12 12 2,364$ 030 Monthly Team Check-In 4 4 2 10 2,188$ Hours Sub-Total 28 4 0 0 0 2 0 0 0 0 0 34 6,916$ Task 100 Stakeholder Coordination 101 Meetings with DTA, other stakeholders (three meetings) 3 3 6 1,149$ 102 Misc. Coordination 2 2 2 6 1,280$ Hours Sub-Total 5 2 0 0 0 5 0 0 0 0 0 12 2,429$ Task 200 Document Prep 201 Detailed Outline 2 4 6 1,138$ 202 Develop Preliminary Draft 4 4 40 48 8,228$ 203 Develop Final Draft 4 2 16 22 4,278$ 204 Address Comments 2 4 6 1,138$ 205 QA/ADA Accessibility 4 20 24 4,748$ Hours Sub-Total 12 6 0 4 0 84 0 0 0 0 0 106 19,530$ Task 300 Standard Detail Drawings 301 Develop Preliminary Draft 4 8 60 72 9,776$ 302 Develop Final Draft 2 6 30 38 5,260$ 303 Address Comments 2 6 8 1,510$ 304 QA 4 4 8 1,772$ Hours Sub-Total 8 4 0 0 0 24 90 0 0 0 0 126 18,318$ Total Personnel Hours 53 16 0 4 0 115 90 0 0 0 0 278 47,193 Key Personnel Staff Labor Category Name Labor Rate PM Senior Engineer I Brad Hammerquist 197$ CMS1 Supervising Engineer III James Nickelson 257$ QA1 Supervising Engineer III QA2 Supervising Engineer III QA3 Supervising Engineer II DT1 Design Engineer II Cooper Krause 186$ DT2 Engineer Intern I Brian Peck 125$ DT3 Senior Engineer I CAD CAD Designer II ADM1 Admin Coordinator III ADM2 Admin Coordinator III City of Bozeman Downtown Design Standards Engineering Fee Estimate - Labor Staff Downtown Design Standards Fee Estimate.xlsx Page 1 of 1 4/18/2024 124 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of , 2020, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Morrison-Maierle with a mailing address of PO Box 1113, Bozeman, MT 59771, hereinafter referred to as “Consultant”, collectively referred to as “Parties”. In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a part hereof for the Project: City of Bozeman Design Standards Update. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services a time and materials amount of $80,000. The Consultant’s billing rates in $/hr for its employees and a detailed breakdown of personnel hours directly assigned to each task of the Scope of Services is provided herewith as “Attachment 1”. 5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $52,000, which includes $52,000 for Sub-consultants hired by the Consultant and $0 for all other reimbursable expenses. The estimated reimbursable expenses are provided herewith as “Attachment 2”. The administrative markup factor being applied by the Consultant for any of its Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05. 6. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to December DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 125 complete the Additional Services requested. The City and Consultant shall mutually agree in writing upon the scope of Additional Services prior to their commencement. The basis of payment for Additional Services shall be equal to the Consultant’s Direct Labor Rates times a factor of 3.2. A tabulation of direct labor rates for employees performing Additional Services work shall be provided at the time the scope of Additional Services is requested. An administrative markup factor of 1.0 shall be applied by the Consultant for any of its Sub- consultants performing agreed Additional Services work. 7. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 8. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Rates: Direct Labor Rates used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on any agreed Additional Services, but does not include rates for indirect fringe benefits, indirect overhead expenses, and profit. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 126 a.Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Consultant represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 10. Independent Consultant Status/Labor Relations: The parties agree that Consultant is an independent Consultant for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Consultant or Consultant’s agents or employees. DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 127 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). Consultant’s indemnity 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 the Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Consultant 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. Consultant 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 and the services performed hereunder. In addition to and independent from the above, Consultant shall at Consultant’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: · Workers’ Compensation – statutory; · Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; · Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; · Automobile Liability - $1,000,000 property damage/bodily injury per accident; and DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 128 · Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. 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 both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Consultant (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 129 be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature, Consultant shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Lance Lehigh 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, Consultant may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Brad Hammerquist or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant personnel or agents. DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 130 16. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Consultant shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 18. Nondiscrimination: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Consultant shall require these nondiscrimination terms of its Sub-consultants providing services under this agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Consultant acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing his employees and agents in safe work practices. DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 131 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. Non-Waiver: A waiver by either party 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. 23. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 132 27. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35.Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 133 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: (City Manager) (Vice President) DATE: ______ DATE: ATTEST: BY: (City Clerk) APPROVED AS TO FORM: BY: (City Attorney) 12/3/20 DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 1/14/2021 134 December 3, 2020 Lance Lehigh City of Bozeman 20 E. Olive Street Bozeman, MT Re: City of Bozeman Design Standards Update Scope of Services Dear Mr. Lehigh: Thank you for selecting the Morrison-Maierle/DOWL Team for the City of Bozeman Design Standards Update project. We are pleased to provide you with this scope and fee proposal for Professional Services associated with the initial phase of this project. Project Description The project goal is to update the City of Bozeman Design Standard and Specifications Policy (DSSP) and the City of Bozeman Modifications to the 2010 Montana Public Works Standard Specifications (City Modifications). The project will be broken into two phases. Phase 1 scope will be limited by the fiscal year 2020 budget and will consist of the Phase 1 Scope of Services outlined below. Phase 1 will be focused on obtaining targeted stakeholder input and developing draft Storm Drainage Design Standards. Phase 2 will generally consist of completing updates to the DSSP and City Modifications, presenting updates to the City Commission, and publishing the new documents in fiscal year 2021. Phase 1 Scope of Services Our Professional Services Fees are based on the anticipated Scope of Services outlined below. Task 000 – Project Management ·Contracting, accounting, and management of review personnel. ·Fully develop scope, fee and limits of work for Phase 2 design standards and specification modifications Task 100 – Establish Baseline for Standards Update Meetings and Coordination ·Kick-off meeting ·Consultant Team coordination Research Relevant Standards Sources ·Review other community standards and summarize areas of interest for City. Standards from the following communities will be reviewed: o Kalispell, MT o Billings, MT o Bend, OR EXHIBIT A DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 135 o Boulder, CO or other community in Colorado o Minneapolis/St. Paul Metro, MN · Prepare summary memo of items for City communication Document Formatting · Develop a MSWord format template and TOC for Design Standards. The latest City of Kalispell standards will be used as an example. o Upon City concurrence of template, provide MSWord template to DOWL for use in Storm Drainage Standards revisions. o Stormwater will be a chapter. · Develop a MSWord format template and TOC for City Modifications. The latest City of Kalispell standards will be used as an example. Task 200 – Meeting Facilitation and Team Collaboration It is our understanding that the current phase of engagement will include meeting facilitation and team collaboration with a focus on City staff and a limited number of key stakeholders. The Microsoft Teams platform will be used to distribute information, capture comments and facilitate discussion. This phase of work will also establish the foundation for a more wide-reaching community engagement plan to be rolled out in Phase 2. · Gain understanding of City’s current communication and engagement efforts and policies · Set-up and manage Microsoft Teams file collaboration platform and topic-related channels for City team members to provide comments · Schedule, facilitate, and record discussions between project team and City topic experts. It is anticipated that: o Three meetings will be held to establish a baseline for the Standards update o Two meetings will be held to discuss the strategy for addressing affordable housing content o Two additional meetings will be held to discuss the development of storm drainage content · Schedule, facilitate, and record discussions between project team and key stakeholders · Develop meeting materials as needed Task 300 – Affordable Housing Infrastructure Design Standards Affordable housing research and development of educational concepts pertaining to affordable housing. · Research relevant sources · Identify potential items with cost implications when compared to current standards · Develop overall development cost pie chart graphic and life cycle cost concept graphic. Task 400 – Design Storm Precipitation Update The City of Bozeman recently made the decision that precipitation design storm data (e.g., depth-duration frequency, intensity-duration-frequency, and water quality storm) will be based on an updated frequency analysis of precipitation data collected at Gallatin Field. DOWL will: · Update the frequency analysis published in Appendix B of the MDT Hydrology Manual to expand the period of record through 2020. · Provide final depth-duration-frequency and intensity duration frequency tables presenting the updated frequency analysis results. · Complete a precipitation frequency analysis to estimate the total storm depth for the 6- month, 24-hour storm and evaluate this storm relative to the industry accepted DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 136 procedure to treat the first 0.5 inch of runoff. This analysis will expand the period of record (through 2020) and build upon recent work completed by DOWL (under a separate contract) using Gallatin Field precipitation data. · Assimilate the results of precipitation analyses (e.g., synthetic storm hyetographs and actual storm hyetographs) developed by DOWL under a separate contract with the results of analyses completed under this contract into a set of design storm data for inclusion in the Storm Drainage Design Standards. · Provide draft results of the design storm data for City review, present the analysis in a meeting with the City, and address City review comments. · Incorporate the final design storm data into the Storm Drainage Design Standards Task 500 – Storm Drainage Standards Update · DOWL will work in close coordination with City stormwater staff to develop updated storm drainage design standards that are reflective of current industry standards for the near region and that provide clarity and consistency in storm drainage design and construction requirements. · DOWL will draw from the Storm Drainage Standards for the Cities of Billings and Kalispell as models for this purpose. DOWL will review the current standards of the City of Bozeman and will modify and customize the model standards to be appropriate to the City of Bozeman. · Industry standard storm drainage design procedures published in the latest edition of the “Urban Drainage Design Manual”, Hydraulic Engineering Circular No. 22 (HEC 22) will be used to guide design procedures. The standards will refer to HEC 22 to streamline the storm drainage standards, while providing clarity and detail. · The recommendations contained in Section 3.6 of the 2008 Bozeman Stormwater Facilities Plan will be addressed through this update, consistent with current industry standards. · It is anticipated that the following outline will be followed in drafting the Storm Drainage Standards: I. Policy II. Storm Drainage Plan Submittal Requirements III. Rainfall a. Minor and Major Drainage Systems b. Design Storm Frequency c. Design Storm Depth and Intensity d. Water Quality Storm IV. Runoff a. Drainage Basin Area b. Selection of Runoff Calculation Methods c. NRCS Hydrograph Method d. Rational Method e. EPA SWMM Runoff Method f. Modified Rational Method V. Hydraulic Analysis and Design a. Gutter Flow b. Storm Drain Pipe c. Open Channel Conveyances DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 137 d. Culverts e. Bridges f. Outfalls VI. Runoff Control Facilities a. Detention Basins b. Retention/Infiltration Basins c. Boulevard Swales VII. Permanent Water Quality Treatment VIII. Erosion and Sediment Control · Recommendations for updates to the City Standard Drawings for stormwater infrastructure will also be provided. It is anticipated that updates to the drawings will be accomplished in the Phase 2 workplan. · Progressive drafts of the updated Storm Drainage Standards and updates to Section 02720 of the City Standard Modifications to the MPWSS will be submitted to the City for review and comment. It is anticipated that Review Drafts will be submitted as follows: o A detailed outline of the intended content o 65% Review Draft o 95% Review Draft will be submitted in Phase 2 · It is assumed that two (2) review meetings will be conducted to discuss the comments and questions received from the City. · A third meeting will be conducted in Phase 2 to discuss the comments from the 95% Review Draft. · Storm drainage issues identified but not addressed in this initial draft will be included in our recommendations for further efforts to be included in the Phase 2 workplan. Estimated Professional Services Fees Based on our understanding of the Phase 1 Scope of Services outlined in this letter, the fees for each of the major tasks are estimated to be as follows: Task 000 Project Management $11,000 Task 100 Establish Baseline for Standards Update $20,000 Task 200 Community Engagement $ 8,000 Task 300 Affordable Housing Infrastructure Standards $ 6,000 Task 400 Design Storm Precipitation Update $11,000 Task 500 Storm Drainage Draft Standards Development $24,000 Total $80,000 The Morrison-Maierle/DOWL Team is excited to work with you to update the City of Bozeman’s Design Standards. If you have any questions, please don’t hesitate to contact me. Sincerely, Morrison-Maierle ______________________________ Brad Hammerquist, PE Project Manager cc: File DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 138 PM CMS1 QA1 QA2 QA3 DT1 DT2 DT3 CAD ADM1 ADM2SubtotalSubtotalSM3 PM6 E6 E5 E4 E3 E2 E1 PIC GD ADASubtotalSubtotalHoursLaborWade Jeff S. JO, GG, KJ Paul/DougAnthony Lisa Soha JulieHoursLaborTask 000Project Management010 Project/Contract Administration16 2182,814$ 0-$ 020 Project Management and Coordination 20203,000$ 18184,140$ 030 Monthly Check-In with Lance771,050$ 0-$ Hours Sub-Total43 2 0 0 0 0 0 0 0 0 0456,864$ 18 0 0 0 0 0 0 0 0 0 0184,140$ Task 100Establish Baseline for Standards Update110 Meetings and Coordination16 5213,435$ 18184,140$ 120 Collect and Compile City Comments224454$ 0-$ 130 Research Relevant Standards and Develop Memo 24 42304,582$ 22460$ 140 Document Formatting - Design Standards 6 28161,930$ 0-$ 150 Document Formatting - City Modifications 6 28161,930$ 0-$ 155 Determine Changes to Design Standards and City Mods 16162,400$ 0-$ 160 Peer Review2 24734$ 0-$ Hours Sub-Total70 13 0 2 0 0 2 0 0 0 2010715,465$ 20 0 0 0 0 0 0 0 0 0 0204,600$ Task 200Community Engagement210 Understand City Engagement Efforts and Policies0-$ 44460$ 220 MS Teams Management0-$ 10101,150$ 230 City Meeting Facilitation: Establish Baseline for Standard Update (2) 33450$ 991,035$ 240 City Meeting Facilitation: Affordable Housing (2) 22300$ 66690$ 250 City Meeting Facilitation: Storm Drainage (2) 22300$ 66690$ 260 Develop Meeting Materials and Communication Graphics0-$ 10 15252,950$ Hours Sub-Total7 0 0 0 0 0 0 0 0 0 071,050$ 0 0 0 0 0 0 0 0 45 15 0606,975$ Task 300Affordable Housing Infrastructure Standards310 Research Relevant Sources4 15807$ 661,200$ 320 Identify Potential Areas with Cost Implications 4 261,014$ 661,200$ 330 Graphics48121,352$ 44460$ Hours Sub-Total12 3 0 0 0 0 0 0 0 8 0233,173$ 0 12 0 0 0 0 0 0 4 0 0162,860$ Task 400Design Storm Precipitation Update410 Frequency Analysis Update0-$ 1 1632495,990$ 420 Draft Design Storm Data0-$ 1 1216293,790$ 430 Address Comments & Incorporate Into Design Standards0-$ 2 2481,180$ Hours Sub-Total0 0 0 0 0 0 0 0 0 0 00-$ 4 0 30 0 0 0 0 52 0 0 08610,960$ Task 500Storm Drainage Draft Standards Development510 Develop Draft Stormwater Design Criteria0-$ 40 44 669618,210$ 520 Updates to Section 02720 of Standard Mods to MPWSS0-$ 0-$ 530 Review Meetings (2)11150$ 6 6122,400$ 540 Address Review Comments from each submittal (2)0-$ 3 8112,050$ 530 Peer Review1 12 481,237$ 0-$ Hours Sub-Total2100002400091,387$ 490586000000611922,660$ Total Personnel Hours134 19 0 2 0 0 4 4 0 8 20 19127,939$ 91 12 88 6 0 0 0 52 49 15 6 31952,195$ Key PersonnelMorrison-MaierleLabor CategoryNameLabor RatePMDesign Engineer II Brad Hammerquist 150$ CMS1Supervising Engineer III James Nickelson 207$ QA1Supervising Engineer III Bob Morrison 207$ QA2Supervising Engineer III Phill Forbes 207$ QA3Supervising Engineer II Matt Ekstrom 197$ DT1Supervising Engineer I Scott Fanning 186$ DT2Senior Engineer I Bill Wiegand 160$ DT3Design Engineer I Luke Carlson 140$ CADCAD Designer II Kurt Squires 123$ ADM1Admin Coordinator II Kim Longenecker 94$ ADM2Admin Coordinator I Cindy Williamson 77$ DOWLSM3Senior Manager III Wade Irion 230$ PM6Project Manager VI Jeff Shoemaker 200$ E6Engineer VI Jeff, Greg, and KJ 170$ E5Engineer V Paul Yakawich, Doug Fischer 160$ E4Engineer IV140$ E3Engineer III115$ E2Engineer II105$ E1Engineer I Anthony Keene 95$ PICPub. Inv. Coordinator Lisa Olmsted 115$ GDGraphic Designer Soha120$ ADAAdmin Assistant Julie95$ City of Bozeman Design Standards UpdateEngineering Fee Estimate - LaborMorrison-MaierleDOWLDesign Standards Fee Est.xlsxPage 1 of 112/3/2020ATTACHMENT 1DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5139 City of Bozeman Design Standards Update Engineering Fee Estimate - Reimbursable Expenses Labor Morrison-Maierle DOWL Total Task 000 Project Management 6,864$ 4,140$ 11,004$ Task 100 Establish Baseline for Standards Update 15,465$ 4,600$ 20,065$ Task 200 Community Engagement 1,050$ 6,975$ 8,025$ Task 300 Affordable Housing Infrastructure Standards 3,173$ 2,860$ 6,033$ Task 400 Design Storm Precipitation Update -$ 10,960$ 10,960$ Task 500 Storm Drainage Draft Standards Development 1,387$ 22,660$ 24,047$ Labor Total 28,000$ 28,000$ Expenses Sub-Consultant -$ 52,000$ 52,000$ Miscellaneous -$ -$ -$ Travel Expenses -$ -$ -$ Expense Sub-Total -$ 52,000$ 52,000$ Administrative Markup 1.00 1.00 1.00 Expense Total -$ 52,000$ 52,000$ Overall Total 28,000$ 52,000$ 80,000$ ATTACHMENT 2 DocuSign Envelope ID: ABDBB83E-A8EE-45AD-848E-15782C0D74D5 140 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign a Task Order DTN24-002 with Sanderson Stewart for Preliminary Engineering and Architectural Plans for I-Ho Peace Park MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:The Downtown Bozeman Partnership along with several community partners would like to design and construct I-Ho Peace Park in memorial of our beloved commissioner I-Ho Pomeroy, in what is now the North Black Packet Park at the corner of Black Avenue and Mendenhall. This Task Order request is under the current City of Bozeman Urban Renewal District Term Contract with Sanderson Stewart and will provide the initial engineering and architectural designs needed to begin work on the park. UNRESOLVED ISSUES:none ALTERNATIVES:none FISCAL EFFECTS:Costs proposed as time and materials. Additional funds to support project to be collected from additional community partners. Attachments: URD Task Order Form - I-Ho Peace Park (003).pdf Report compiled on: April 29, 2024 141 City of Bozeman Urban Renewal District Term Contract Task Order Number #DTN24-002 PROJECT: I-Ho Peace Park Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated April 30, 2024 between the City of Bozeman Downtown Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: Downtown URD: Ellie Staley, Director Contractor: Kendra Piedalue, Sanderson Stewart SCOPE OF WORK: The scope for this task order includes creating a memorial for I-Ho Pomeroy. Currently, the memorial will be located at the existing pocket park on the corner of Black and Mendenhall streets in downtown Bozeman. See attached Exhibit A for more detail on the proposed scope of work. COMPENSATION: Sanderson Stewart will bill for its services on a time-and-materials basis. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheet for Sanderson Stewart. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Chuck Winn, Acting City Manager Danielle Scharf, Principal 142 EXHIBIT A Scope of Work The following is a list of initial tasks and deliverables that Sanderson Stewart is proposing and has been provided to help guide the process. The list is not exhaustive and may be added to as the project develops. 1. Kickoff This task consists of kicking off the project and meeting with the various partners and interested parties, reviewing ideas, etc. This process involves the following subtasks: • Project management, coordination, and correspondence, weekly project progress reports, and collaboration with internal team, and Downtown URD staff • Site visit • Meetings with partners and interested parties that include the following: o City of Bozeman, Downtown Bozeman Partnership, Rotary, adjacent and nearby property owners o I-Ho’s family o Korean heritage/art advisor • Review memorial ideas 2. Concept Design This task consists of developing concept plans and imagery for review by the Partners and Family. This process involves the following subtasks: • Project management, coordination, and correspondence, weekly project progress reports, and collaboration with internal team, and Downtown URD staff • Review applicable codes • Conduct internal design charette and site visit • Develop up to two (2) preliminary concept plan designs • Provide precedent images and material boards for design features • Review Korean heritage ideas/designs with advisor • Review preliminary concepts with Partners and Family, and use feedback to create a final concept plan draft Meetings: • Meetings with Partners and Family to review concepts • Site visits as needed to review site constraints and opportunities Deliverables: 143 • (2) preliminary concept plans • (1) Precedent Images board • (1) Materials board 3. Final Concept Site Plan This task involves the production of the final concept site plan and supporting materials. This process involves the following subtasks: • Project management, coordination, and correspondence, weekly project progress reports, and collaboration with internal team, and Downtown URD staff • Create one (1) draft concept plan based on feedback from Task 2’s review of the two (2) preliminary concept plans. • Review the final concept plan draft and imagery with Partners and Family for approval. • Create a final Concept Plan to be developed into construction documents Meetings: • Meetings with Partners and Family o Note: The number of meetings is dependent on how many revisions are made to create the final site plan and supporting materials that will be used for fundraising. Final Deliverables: • Color-rendered illustrative site plan of the final concept. • Up to (2) concept perspectives or elevation renderings • Precedent imagery and materials board • Draft supporting narrative 4. Construction Documents After the concept plan is finalized, the next steps would be to develop the design and create construction documents for the construction of the project. During this task, the plan would be submitted for necessary review and permitting by the City. This process involves the following subtasks: • Project management, coordination, and correspondence, weekly project progress reports, and collaboration with internal team, and Downtown URD staff • Conduct field survey to pick up any additional topographic, infrastructure, and utiliies, not surveyed with previous phases of the pocket park development. • Prepare construction documents that include furniture selections, additional plantings, hardscapes, irrigation • Coordination with artist and fabricators as needed 144 • Pertinent submittals to the City for review and permitting • Revising construction documents per City comments Final Deliverables: • Construction documents 5. Bidding Assistance and Construction Administration Sanderson Stewart will provide limited bidding assistance and limited construction assistance, including the following: • Project management and coordination • Review of shop drawing submittals • Respond to Requests for Information • Conduct site visits during construction, as needed to ensure completion of work is based on construction documents • Conduct final inspection/walkthrough of the site 145 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Director of Utilities SUBJECT:Resolution 5586 Adopting the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I hereby move that the City Commission pass, adopt, and approve Resolution 5586, approving the adoption of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:On February 15, 2022, the City Commission held a work session to discuss the development and implementation of required water efficient landscape and irrigation performance and design standards for new development. City staff proposed three ‘tiers’ of standards (tier 1, 2, and 3), each including a different suite of requirements that were projected to result in relatively low, medium, and high levels of water saved, respectively. The City Commission directed staff to develop standards that aligned with tier 3, which was estimated to result in the greatest water savings. This ‘tier 3’ water efficient landscape ordinance was included as a recommended program measure in the 2023 Water Conservation and Efficiency Plan and is estimated to save 1,291 acre-feet of water in the year 2040 compared to development without the standards in place. Standards were developed by reviewing national and supply-constrained western state standards, considering the financial impacts of the standards, analyzing Bozeman’s water use trends and achievable savings through the implementation of various standards, and engaging with community members. The landscape standards reduce the installation of high water use turfgrass, ensure adequate soil quantity and quality that supports healthy plants and reduces water use, and increase the installation of drought adapted landscaping in future development. The standards include limits on the amount of turfgrass permitted to be installed in new development. Two separate project/plan approval ‘pathways’ have been developed for project applicants to choose from to meet future landscaping requirements. These pathways are intended to provide 1) a simple pathway to receive design 146 approval and, 2) a pathway to accommodate greater design flexibility. The applicant chooses which pathway to use. The irrigation standards ensure that irrigation systems installed in future development projects achieve water use efficiency through proper design and performance. The standards include requiring high efficiency irrigation nozzles, weather-based irrigation controllers, adequate operating pressure, proper ‘hydrozoning’ aligned with industry best management practice and prohibiting overhead spray irrigation in narrow landscaped areas prone to runoff and water waste. Resolution 5586, the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual (Manual), outlines specific landscape and irrigation requirements for new development projects to ensure that water savings is achieved through efficient design and performance. Ordinance 2155 references the Manual and includes a text amendment in BMC 38.550.020 to authorize the City Commission to adopt the Manual pursuant to resolution. The City Commission provisionally adopted Ordinance 2155 unanimously on April 23, 2024. For details, please see the video of the April 23rd meeting beginning at 52:50 minutes in the recording and the City Commission packet for the meeting beginning on page 159. During provisional adoption, the Commission made a motion to revise the turfgrass limit to a maximum turfgrass area of 400 square feet or 35% of landscaped area, whichever is more, to all lots subject to sketch plan review. This amendment is included in the following pages of the Manual: • Page 9 – Required Landscape and Irrigation Performance and Design Criteria for Sketch Plan Projects, which states that, ‘turfgrass areas may not exceed 35 percent of the total landscaped area or 400 square feet, whichever is more.’ • Page 38 – Appendix E: Building Permit Landscape and Irrigation Self- Certification Form, which states that, ‘turfgrass areas may not exceed 35 percent of the total landscaped area or 400 square feet, whichever is more.’ Additional minor text clarifications that do not alter the intent or scope of the Manual were made after the April 23, 2024 City Commission meeting to ensure that the Manual is as clear and easy to understand as possible. These include: • Exemption for temporary irrigation - a clarification was made to require that project applicants define and identify temporary irrigation areas on the irrigation design plan. The previous language referenced the landscape design plan. Revised language is as follows: o Page 5: ‘If temporary irrigation is used, project applicants must define and identify on the irrigation design plan all the following for each plant material type and area’: • Overhead irrigation nozzle requirements for all project types - a clarification was made to require that overhead irrigation must consist of multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal, and/or rotors. The previous language did not include reference to an ‘approved 147 equal’. This clarification was made to ensure that irrigation nozzle technologies that achieve the same efficiency standard as MSMT’s are not excluded from the Manual. Revised language is as follows: o Page 10, 21, 22, and 39: ‘Overhead irrigation must consist of multi- stream, multi-trajectory (MSMT) nozzles, or an approved equal, and/or rotors’. • Pre-installation meeting discussion topics for plats, site plans, and planned development zones – a clarification was made that compliance with the Manual is required before releasing a security as provided by an improvement’s agreement. The previous language outlined that compliance is required prior to receiving a final certificate of occupancy but did not reference improvements agreements, which are often utilized for landscaping projects due to the relatively short season in which landscaping can be installed. Revised language is as follows: o Page 12: ‘Installation of landscaping and irrigation according to the approved landscaping and irrigation plan and requirements of this Manual, which is required to receive a final certificate of occupancy or releasing a security as provided by an improvement’s agreement’. • Landscape design plan requirements for preliminary plat, final plan, and site plan – a clarification was made to specify that the list of required and proposed trees on the landscape design plan include those that are intended to meet the tree requirements outside of parking lots and boulevards, specifically. The previous language did not specify that the list of trees include those outside of existing parking lot and boulevard requirements. This clarification was made to ensure that the review authority is able to identify trees proposed to be installed to meet tree density requirements outlined on page 16 of the Manual under the ‘Tree Requirements Outside of Parking Lots and Boulevards’ section, specifically. Revised language is as follows: o Page 19: ‘The number of required trees, proposed trees, and proposed canopy trees to meet the tree requirements outside of parking lots and boulevards’. • Tree requirements outside of parking lots and boulevards – a clarification was made to establish that the requirement for 1 tree per 1,600 square feet of landscaped area is a minimum requirement. The previous language did not specify that the requirement is a minimum standard. This clarification was made to ensure that more trees may be installed if desired, and that this new requirement simply establishes a minimum standard. Revised language is as follows: o Page 16: ‘Trees must be planted at a minimum rate of 1 per 1600 square feet of landscaped area.’ Adoption of Resolution 5586 is in conjunction with final adoption of Ordinance 2155. UNRESOLVED ISSUES:None. 148 ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Resolution 5586_Landscape and Irrigation Performance and Design Standards Manual_FINAL.pdf Report compiled on: April 25, 2024 149 Version April 2020 Resolution 5586 - Page 1 of 2 - RESOLUTION 5586 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE CITY OF BOZEMAN LANDSCAPE AND IRRIGATION PERFORMANCE AND DESIGN STANDARDS MANUAL WHEREAS, on May 14, 2024, the City Commission finally adopted Ordinance 2155 to establish new water efficient landscape and irrigation performance and design standards; and WHEREAS, Ordinance 2155 authorizes the City Commission to adopt via resolution the Landscape and Irrigation Performance and Design Standards Manual to implement the landscape and irrigation regulations of Ordinance 2155. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The City Commission of the City of Bozeman adopts the Landscape and Irrigation Performance and Design Standards Manual pursuant to Section 35 of Ordinance 2155. Section 2 A copy of the Landscape and Irrigation Performance and Design Standards Manual is attached as Exhibit "A" and incorporated into this Resolution. Section 3 The effective date of this resolution is June 15th, 2024. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2024. 150 Version April 2020 Resolution 5586 - Page 2 of 2 - ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 151 EXHIBIT A: City of Bozeman Landscape and Irrigation Performance and Design Standards Manual 4/27/2024 152 i TABLE OF CONTENTS Section Page No. 1 INTRODUCTION .................................................................................................................................................. 3 1.1 Purpose ...................................................................................................................................................... 3 1.2 Authority and Applicability ........................................................................................................................ 3 1.3 Exemptions ................................................................................................................................................. 4 1.4 Departures ................................................................................................................................................. 6 1.5 Figures ........................................................................................................................................................ 8 2 SKETCH PLAN PROJECTS ..................................................................................................................................... 9 2.1 Submittal Requirements ............................................................................................................................ 9 2.2 Required Landscape and Irrigation Performance and Design Criteria ....................................................... 9 3 PLAT, SITE PLAN, AND PLANNED DEVELOPMENT ZONE PROJECTS ................................................................. 12 3.1 Submittal Requirements .......................................................................................................................... 12 3.1.1 Plan Review Landscape Documentation Package ......................................................................... 12 3.1.2 Building Permit Landscape & Irrigation Self-Certification Form ................................................... 12 3.1.3 Pre-Installation Meeting/Soils Approval or Certification .............................................................. 12 3.1.4 Landscape Installation Certificate of Completion (Appendix F) .................................................... 13 3.2 Landscape Design Requirements ............................................................................................................. 13 3.2.1 Landscape Design Standards ......................................................................................................... 13 Landscapes must be designed pursuant to the standards of this Section. _______________ 13 Landscape Design Approval Pathways ___________________________________________ 13 Landscaped Area Coverage Requirements _______________________________________ 14 Parking Lot Requirements ____________________________________________________ 16 Tree Requirements Outside of Parking Lots and Boulevards__________________________ 16 Soil Preparation and Amendment Requirements __________________________________ 18 3.2.2 Landscape Design Plan Requirements .......................................................................................... 18 Required Elements of the Landscape Design Plan for Preliminary Plat __________________ 18 Required Elements of the Landscape Design Plan for Final Plat and Site Plan ____________ 19 3.2.3 Landscape Requirements for Boulevards and Street Medians ..................................................... 20 Collector, Arterial, and Local Street Boulevards ___________________________________ 20 Street Medians _____________________________________________________________ 20 3.3 Irrigation Design Requirements ............................................................................................................... 21 3.3.1 Irrigation Design Standards ........................................................................................................... 21 Backflow Device and Controller ________________________________________________ 21 Sprinklers/Overhead Irrigation ________________________________________________ 21 Drip Irrigation ______________________________________________________________ 21 Irrigation Stations/Zones _____________________________________________________ 21 System ___________________________________________________________________ 22 153 ii 3.3.2 Irrigation Building Additions and Remodel Improvements ........................................................... 22 3.3.3 Irrigation Design Plan Requirements ............................................................................................ 22 Required Elements of the Irrigation System Design Plan for Preliminary Plat ____________ 22 Required Elements of the Irrigation System Design Plan for Final Plat or Site Plan ________ 23 3.3.4 Irrigation Operation and Maintenance ......................................................................................... 25 3.3.5 Irrigation Requirements for Boulevards and Street Medians ....................................................... 26 Collector, Arterial, and Local Street Boulevards ___________________________________ 26 Street Medians _____________________________________________________________ 26 3.3.6 Irrigation Requirements for Public Parks ...................................................................................... 26 APPENDIX A: DEFINITIONS .................................................................................................................................... 27 APPENDIX B: WATER BUDGET CALCULATOR (PERFORMANCE PATHWAY ONLY) ................................................. 31 APPENDIX C: PLANT LIST ....................................................................................................................................... 32 APPENDIX D: WATER BUDGET CALCULATOR INFORMATION ............................................................................... 33 APPENDIX E: BUILDING PERMIT LANDSCAPE & IRRIGATION SELF-CERTIFICATION FORM ................................... 38 APPENDIX F: LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION ............................................................ 41 154 3 1 INTRODUCTION This Landscape and Irrigation Performance and Design Standards Manual (“Manual”), was developed to establish water efficient landscape and irrigation performance and design standards required pursuant to Bozeman Municipal Code (BMC) 38.550.060. The water efficient landscape and irrigation performance and design standards promote the design, installation, and maintenance of landscaping and irrigation in a manner that conserves local water resources by ensuring that landscaping projects are not unduly water-needy and that irrigation systems are appropriately designed and installed to minimize water waste. Other regulations affecting landscape and irrigation performance, design and maintenance standards may be applicable and should be consulted as needed. These regulations include but may not be limited to: 1) Water Conservation and Drought Response Regulations of the City of Bozeman, located on the City of Bozeman Water Conservation Division webpage; 2) The City’s Zoning Code; 3) The City’s Utility Code; 4) The City’s Building Code; and 5) Conditions of approval for a specific development project. For more information about conditions of approval, contact the Community Development Department. Failure to comply with the requirements of this Manual, the approved landscape and irrigation plan, and any required conditions of approval related to this Manual or the landscape and irrigation plan may result in a stop work order or withholding of a certificate of occupancy pursuant to BMC 10.02.010, or other lawful sanction. 1.1 Purpose The purpose of this Manual is to provide procedural and design requirements for development project applicants proposing landscape and irrigation installation subject to the requirements of the Bozeman Municipal Code. This document is also intended for use and reference by City of Bozeman (“City”) staff in reviewing and approving designs and verifying compliance with the BMC. 1.2 Authority and Applicability BMC 38.550.020 provides authority to the Bozeman City Commission to adopt standards and guidelines implementing division 38.550 of the BMC. BMC 38.200.010 authorizes the Director of Utilities to approve, approve with conditions or deny landscape and irrigation plans per BMC 38.550.060. Landscape design and irrigation requirements apply to all the following landscape projects: 1) Sketch Plans: New single household, townhome, duplex, triplex, and fourplex developments subject to requirements outlined in BMC 38.230.070. Applicants are afforded a streamlined approach to ensuring landscaping and irrigation is compliant with standards through the submittal of a self-certification form included in Appendix E of this Manual. 2) Plats, Site Plans, Planned Development Zones: All development projects subject to the requirements outlined in BMC. 38.550.040. Applicants must create compliant landscape designs via one of two design pathway options: the prescriptive (percentage-based) design approach; or the performance (water budget-based) design approach. The prescriptive pathway provides a simple, but less flexible, pathway to receive landscape design approval. This pathway limits the total amount of turfgrass permitted to be installed to a certain percentage 155 4 of the total landscaped area1. The remaining landscaped area is limited to the installation of drought- adapted or drought-tolerant plants, and landscape design elements such as rock mulch and wood mulch. The performance pathway provides flexibility in landscape design by limiting the total amount of supplemental water required by the entire landscaped area to meet vegetation water demand, rather than setting limits on the installation of certain vegetation types. The prescriptive and performance pathway achieve similar water savings and therefore result in a substantially equivalent water conservation standard. 1.3 Exemptions Certain projects, plant materials, and irrigation types are exempt from some or all the landscape and irrigation requirements set forth in this Manual. Situations and project types that may warrant an exemption from these requirements are outlined in this Section. Unless otherwise determined by the review authority, the standards outlined in this Manual do not apply to: 1) Reclamation and restoration projects such as superfund sites and brownfields that do not require a permanent irrigation system; and 2) Plant collections as part of botanical gardens, and arboretums open to the public. Edible Gardens and Urban Farming The City recognizes the importance of edible gardens and urban farming as a reliable source of food for residents. In general, areas dedicated to edible gardens and urban farming are not subject to the requirements of this Manual if all of the following criteria are met: 1) Edible gardens must be included on the landscape plan, including total square footage. Edible garden areas need not be included: (i) in the water budget calculation for determining compliance with the performance- based approach to landscape design creation; (ii) the area calculations required to demonstrate compliance with the prescriptive, percentage-based approach to landscape design creation; (iii) as part of the site area coverage requirement; (iv) nor are edible gardens considered part of the landscaped area. 2) If connected to an automated irrigation system, drip irrigation must be utilized. Automated overhead irrigation, including the use of micro-sprays, is prohibited in these areas. 3) If an automated irrigation system is installed and not used to irrigate the area dedicated to edible gardens, the system must be disabled. Temporary Irrigation In some cases, the germination of native seed and the establishment of low and very-low-water-use plants may only require temporary irrigation. In general, landscaped areas that are irrigated solely by a temporary irrigation system are exempt from meeting irrigation requirements outlined in Section 3 of this Manual. The following requirements apply to the installation and use of temporary irrigation systems: 1) Temporary irrigation is afforded a water demand of 2.3 gallons per square foot regardless of plant type. 2) Temporary irrigation may be achieved through multiple methods including, but not limited to: a) A permanent underground irrigation system that is later disabled; b) A temporary surface irrigation system that is later removed; c) The use of a handheld watering device such as a bucket, hose, or soaker hose; d) Hauled water. 1 See Appendix A – Definitions, for the definition of landscaped area. 156 5 3) If temporary irrigation is used, project applicants must define and identify on the irrigation design plan all the following for each plant material type and area: a) Total area (square feet) receiving only temporary irrigation; b) Temporary establishment irrigation method. All temporary overhead irrigation must use rotors or multi- spray, multi-trajectory rotary nozzles. Temporary overhead irrigation must be designed to achieve head to head coverage; c) Duration of establishment period. The establishment period may not exceed three years unless otherwise approved by the review authority; d) Application rates; and e) Monthly and annual water demand totals for the establishment period. 4) Temporary irrigation must be clearly labeled and identified on the irrigation design plan and must specify whether overhead or drip irrigation will be used. 5) Signage is encouraged. The City encourages the applicant to install a temporary waterproof sign in a location visible from each adjacent road stating the following: a) TEMPORARY IRRIGATION; b) Dates of the temporary irrigation; c) Contractor’s contact information. 6) All temporary irrigation systems must be disabled at the end of the establishment period. Methods for disabling irrigation include but are not limited to disconnecting wires for control valves in the controller, setting runtimes for establishment period zones to zero, or physically removing components of the zone(s) so it may no longer operate. Any temporary irrigation installed above ground must be physically removed. Plant Nurseries Commercially licensed nurseries irrigating plants for retail or wholesale sale are not subject to the requirements of this Manual. Watercourse Setback Planting Plans Watercourse setbacks are exempt from landscaping requirements including the site area coverage requirement and are not part of the landscaped area. However, watercourse setback plantings must meet requirements outlined in BMC 38.410.100.A.2.f. Irrigation is not required in the watercourse setback, but if irrigation is to be installed within the watercourse setback, the irrigation system must meet requirements outlined in this Manual. Existing watercourse setback plantings are excluded from the Water Budget Calculator. Stormwater Detention or Retention Ponds Stormwater detention and retention ponds are exempt from landscaping requirements including the site area coverage requirement and are not part of the landscaped area if irrigation is not installed. Stormwater detention or retention plantings must meet requirements outlined in BMC 38.410.080. Irrigation is not required in the detention or retention pond area, but if irrigation is to be installed, the irrigation system must meet requirements outlined in this Manual, be included in the Water Budget Calculator, and is subject to vegetation percentage limitations. Water Treatment and Low-Impact Development Constructed wetlands used for water treatment on the property, habitat protection, or stormwater best management practices are not subject to the Water Budget Calculator or vegetation percentage limitations, site area coverage requirements, and are not considered as part of the landscaped area. Irrigation is not required in these areas, but if irrigation is to be installed, the irrigation system must meet requirements outlined in this Manual, be included in the Water Budget Calculator, and is subject to vegetation percentage limitations. Public Parks 157 6 Public parks include parkland dedicated to the City and lands maintained by the City for recreation and park purposes. Parks may require the installation of plant material that requires more water than the water conservation standards outlined in this Manual authorizes. As a result, public parks are exempt from the landscaping requirements outlined in this Manual. To further City water conservation goals, public parks must adhere to irrigation requirements listed in Section 3 of this Manual. 1.4 Departures To achieve the optimal design and function of a property or project, it may be necessary and beneficial to depart from the landscape and irrigation requirements set forth in this Manual per BMC 38.250.060. Situations and project types that may warrant a departure from these requirements are outlined in this Section. The request for a departure must be submitted with the initial application for any development. Locations qualifying for the departure must be clearly identified on the landscape or site plan. Review times and processes are coordinated with the overall development application. The following types of departures are available: Established Vegetation Preservation 1) Purpose. To encourage the preservation of existing established vegetation, including but not limited to trees, shrubs, perennials, bunchgrasses, and/or groundcovers that use less water than new vegetation. 2) Description. Development sites may include existing established vegetation if such vegetation can be preserved on site. 3) Procedures. The review authority may allow areas of healthy, established vegetation to be included in the total landscaped area for the purposes of meeting requirements outlined in this Manual. These areas will have a water use value of zero gallons per square foot per year when calculating the irrigation water requirement (IWR) unless irrigation is added to support the existing vegetation. 4) Criteria. To approve this departure, the review authority must determine the following criteria are met: a) The existing vegetation is healthy; Note: For the preservation of existing trees, an International Society of Arboriculture (ISA) certified arborist must determine that the tree(s) proposed to be preserved on site are healthy. b) The existing vegetation does not contain noxious or invasive plants; c) The existing vegetation has a high chance of survival after project completion; d) The existing vegetation will be appropriately protected during project construction; and e) New irrigation is not necessary to support the established vegetation. Historic Preservation 1) Purpose. To encourage the preservation of existing, established trees in the Neighborhood Conservation Overlay District (NCOD). This departure applies only to development occurring in the NCOD. 2) Description. A healthy, established, urban tree canopy provides numerous benefits to the community including reduced water demands for the vegetation under the tree canopy. Trees within the NCOD are typically large, established trees that contribute to these benefits. As a result, preserving these trees will result in an increased allowance for turfgrass or other groundcover that will require less water because of the existing established tree canopy. 3) Procedures. The review authority may approve departures from the landscape and irrigation requirements in this Manual if healthy, established trees are preserved on site. In this case, up to 15% additional turfgrass, or its equivalent in water use, may be planted and irrigated depending on the size of the healthy, preserved tree(s). These trees may also apply towards the tree planting requirement listed in Section 3 of this Manual. 4) Criteria. To approve this departure, the review authority must determine the following criteria are met: a) The tree is deemed healthy by an International Society of Arboriculture (ISA) certified arborist and is at or near its mature, established size for its species; 158 7 b) The allowance of up to 15% additional turfgrass, or its equivalent water use, is based off tree canopy area. The additional turf allowed is equal to 30% of the area provided by the tree’s canopy, per tree. For example, one tree with a 30’ canopy allows for 215 square feet of additional turf. c) The areas to receive additional turf, or its planting equivalent, will be shaded by the preserved tree(s) as much as possible; d) The tree(s) has a high chance of survival after project completion; and e) The tree(s) will be protected from damage during project construction. Open Space Recreation Areas 1) Purpose. To accommodate open space areas dedicated solely to an active recreation activity. This departure applies only to privately owned open space subject to BMC 38.360.250. and BMC 38.520.060. 2) Description. Open space areas within a development committed to active recreational play provide positive benefits to residents of that development. These areas are subject to high foot traffic, and typically turfgrass is used to support recreational play in these areas. 3) Procedures. The review authority may approve a departure from the landscape requirements included in this Manual if additional turfgrass is required for a dedicated active recreation activity. 4) Criteria. To approve this departure, the review authority must determine the following criteria are met: a) Recreation areas are designed in the most efficient configuration to maximize irrigation efficiency; b) A need for the additional turfgrass is demonstrated by addressing the proximity, or lack thereof, to similar nearby recreation areas; c) The activities to be used in the open space area are defined and a description of how the layout and use of turfgrass is necessary for its function is included; d) If the open space area also includes stormwater features, the stormwater features must not impede on the area’s ability to provide recreational benefits; e) No additional turfgrass outside of the recreation area(s) is included once the maximum turfgrass amount has been exceeded; and f) The remaining landscaped area includes low or very low water use plantings. Cemeteries 1) Purpose. To allow for the installation of turfgrass in cemeteries. 2) Description. Turfgrass is the predominate plant type in cemeteries and continues to be part of the function and expected aesthetic in these areas. 3) Procedures. The review authority may approve a departure from the landscape requirements included in this Manual if additional turfgrass is necessary or required for these spaces. 4) Criteria. To approve this departure, the review authority must determine the following criteria are met: a) No additional turfgrass is included in areas where the turfgrass is not providing essential functions for the cemetery; and b) The remaining landscaped area includes low or very low water use plantings. Previously Established City Project Specific Conflicting Condition 1) Purpose. To resolve conflict between the standards established in this Manual and project specific conditions imposed under prior regulations during the redevelopment or further development of the site and qualifying under criteria established below. 2) Description. To provide relief from standards that may otherwise require a variance or other non- administrative method of addressing conflict established by prior land use decisions of the city. 3) Procedures. The review authority may allow alternate landscaping plant palettes, irrigation configurations, plant coverage percentages, or other specific numeric standard established in this manual. 4) Criteria. To approve this departure, the review authority must determine all the following criteria are met: 159 8 a) The non-compliance with the standards of this Manual is the direct result of a project specific condition established by a decision to approve a land use application by the city of Bozeman prior to the effective date of this manual; b) The applicant can provide the specific language of the condition and associated project review identifying number for the original application; c) The conflict cannot be resolved by an administratively approved amendment to the previously approved subdivision, site plan, planned unit development, or planned development zone application; d) The current application under review does not require full compliance with the standards of Chapter 38, BMC; e) With the requested departure, the approved project advances the purposes of water conservation and reduces irrigation water use beyond the existing conditions on the site if the site has been previously developed; and f) The approved departure must be the least departure from the standards of this manual that allows the conflict to be resolved. 1.5 Figures The figures in this Manual are for illustrative purposes only and do not constitute regulatory standards. Figures may be revised, replaced, or added by the Water Conservation Division by administrative order issued by the Director of Utilities. 160 9 2 SKETCH PLAN PROJECTS New single household, townhome, duplex, triplex, and fourplex developments subject to requirements outlined in BMC 38.230.070 must meet the landscape and irrigation requirements outlined in this Section. 2.1 Submittal Requirements The purpose of this Section is to establish landscape and irrigation submittal requirements that must be provided to the City for new single household, townhome, duplex, triplex, and fourplex developments not subject to Section 3 requirements, below. Applicants must submit a completed, signed, and dated Building Permit Landscape & Irrigation Self-Certification Form verifying compliance with landscape and irrigation performance and design criteria outlined in this Section. This form may be approved administratively by the Community Development Department or Utilities Department. The form is included in Appendix E in this Manual and is available on the City’s website. 2.2 Required Landscape and Irrigation Performance and Design Criteria The purpose of this Section is to establish required landscape and irrigation performance and design criteria for new single household, townhome, duplex, triplex, and fourplex developments not subject to Section 3 requirements, below. The landscaping to be installed must meet the following standards: 1) Turfgrass areas may not exceed 35 percent of the total landscaped area or 400 square feet, whichever is more. Non-turfgrass landscaped areas must consist solely of low and/or very low water use vegetation, (plant factor of 0.3 or less), and landscape design elements such as rock mulch and wood mulch, except for raised beds dedicated to edible gardens. Please refer to the City of Bozeman plant list for acceptable plant types. It is strongly encouraged to install at least 50% native plants in the overall landscape. 2) In lieu of compliance with 1 (above), for those seeking more landscape design flexibility, a landscape water budget demonstrating the landscape does not exceed an average annual irrigation demand of 10 gallons per square foot for the entire landscaped area may be provided. Project applicants pursuing the water budget approach must provide a completed Water Budget Calculator as outlined in Appendix B with the signed and dated Building Permit Landscape & Irrigation Self-Certification Form. 3) For whichever approach is selected in 1 and 2 (above), the following apply: a) A minimum of 75 percent of trees must be drought adapted or have a plant factor of 0.3 or less. b) At least 60 percent of the site area not included in footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers, must be landscaped and maintained with some combination of vegetative understory plantings, such as shrubs, perennials, turfgrass, creeping or rooting groundcovers, or other living plants (excluding weeds). The installation of at least 50% native plants in the overall landscape is encouraged. c) Landscaped areas must have at least 6 inches of topsoil depth throughout the entire planted area. The building footprint and all areas within 5 feet of the actual building are exempt from the topsoil requirement. The topsoil requirement may be met by implementing one of the following methods prior to planting: i) Amend existing topsoil at a rate of 4 cubic yards of compost/1000 square feet; ii) Amend existing topsoil based on the recommendations of a soil test; or iii) Import topsoil to achieve a minimum depth of 6 inches of topsoil. d) A minimum three-inch layer of mulch must be applied on all exposed soil surfaces of planting areas except for turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is disadvantageous. 161 10 e) Rock mulch is discouraged around private trees and prohibited around public, boulevard trees. Public, boulevard trees must have a 3’ diameter wood mulch ring 3”-4” in depth. f) Tree diversity requirements must be met according to the table below. Deciduous and Evergreen Tree Plant Diversity Table Number of Trees Maximum % of Single Species 1-5 Can have 100% of one species 6-10 Maximum 50% of any one species 11-20 Maximum 33% of any one species 21+ Maximum 25% of any one species Figure 1: A single residential household showing the 35% turfgrass limit with the remaining 60% coverage requirement satisfied by shrubs and perennials. Irrigation is not required for development projects subject to this Section. However, in areas where irrigation is to be installed, the irrigation must meet the following standards: 1) Backflow prevention devices are required (compliance with local plumbing code). 2) Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program must be installed on the irrigation system. Sensors (rain, freeze, wind, ET, soil moisture, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present are required. 3) Overhead irrigation must consist of multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal, and/or rotors. 4) Overhead irrigation must use a 6 inch minimum riser. 5) Sprinkler heads must be spaced 2 inches minimum from hardscape edges. 162 11 6) Irrigation systems must be designed to properly address hydrozoning in the landscape (plants with similar water needs are irrigated by the same valve or controller station). 7) Trees must be on a separate irrigation valve(s) from other plant types to allow for a unique watering schedule during drought-related outdoor watering restrictions. Drip irrigation, such as emitters, root watering systems, or bubblers, must be used to irrigate trees. 8) Drip irrigation must be used in all landscaped areas outside of turfgrass areas (except in areas without irrigation). 9) Areas less than 8 feet wide must be irrigated with drip irrigation, either subsurface or above ground. Overhead irrigation is prohibited in areas less than 8 feet wide unless being used for temporary establishment purposes only. 10) Irrigation systems must be installed to achieve optimal operating pressure. This may be accomplished by using pressure regulators at the zone valve or integrated into the sprinkler body. It is encouraged to use sprinkler bodies with integrated pressure regulators. 11) It is encouraged to connect all sprinkler bodies to the lateral line with flexible swing joints or swing pipe. 12) Irrigation pipe installed under hardscape surfaces must be sleeved in a rigid pipe. 163 12 3 PLAT, SITE PLAN, AND PLANNED DEVELOPMENT ZONE PROJECTS Any site development that is not subject to Section 2, above, is subject to this Section 3. Any projects subject to BMC. 38.550.040 must meet landscape and irrigation requirements outlined in this Section and must receive landscape and irrigation plan approval from the review authority before proceeding with landscape and irrigation project installation. These landscape and irrigation requirements also apply to landscaped open space areas that do not fall under the Exemptions or Departures Sections of this Manual. 3.1 Submittal Requirements The purpose of this Section is to establish submittal requirements that must be provided to the review authority to receive landscape and irrigation design approval. 3.1.1 Plan Review Landscape Documentation Package A Landscape Documentation Package must be submitted by the project applicant as part of the application to the Community Development Department. Applicant must receive approval prior to landscape and irrigation installation, including the issuance of any permits. Unless otherwise required by the Director of Community Development, the Landscape Documentation Package must include the following elements either on plan sheets or supplemental pages as required by the Director of Community Development: 1) Completed Landscape Design Plan meeting criteria outlined in Section 3.2 based on development type; 2) Completed Irrigation Design Plan meeting criteria outlined in Section 3.3 based on development type; and 3) Water Budget Calculator for Performance (water budget-based) Design Projects Only (Appendix B). The Landscape Documentation Package is not applicable to new single household, townhome, duplex, triplex, or fourplex developments that are subject to Sketch Plan requirements outlined in Section 2 of this Manual. 3.1.2 Building Permit Landscape & Irrigation Self-Certification Form A signed copy of the Building Permit Landscape & Irrigation Self-Certification Form (Appendix E) is necessary to receive a building permit. 3.1.3 Pre-Installation Meeting/Soils Approval or Certification Prior to commencing any work, the applicant must contact the Water Conservation Division to schedule a pre- installation meeting. The pre-installation meeting will address the following: 1) The approved landscape and irrigation plan and requirements of this Manual; 2) Timing of required inspections including the final inspection to obtain a certificate of completion; 3) Soil amendment requirements and the process for approval of installed soil, including the party responsible for soils inspection; 4) Discussion of the day and hours for irrigation scheduling after installation; 5) The process required for making changes to the approved landscape and irrigation plan; and 6) Installation of landscaping and irrigation according to the approved landscaping and irrigation plan and requirements of this Manual, which is required to receive a final certificate of occupancy or releasing a security as provided by an improvement’s agreement. The pre-installation meeting must include all contractors responsible for the installation of the landscape and irrigation systems. This may include: the applicant’s general contractor, the landscape architect or other design 164 13 professional responsible for the landscape and irrigation design, and any contractor or subcontractor that will be responsible for installing any component of the landscape and irrigation plan. After installation or amendment of all soils required by the application approval, or after the City’s approval of a soils report (and after the installation of any soil amendments required by the soils report), the applicant must contact the Water Conservation Division for inspection prior to the installation of any landscaping. In lieu of the City inspecting and approving soils, the applicant may have a landscape architect or landscape professional certify, on a form provided by the City, the soils have been installed as required by the landscape and irrigation plan and this Manual. The applicant shall not install any landscaping until the City approves the soil preparation or receives a signed certification. 3.1.4 Landscape Installation Certificate of Completion (Appendix F) A signed Landscape Installation Certificate of Completion (Appendix F) must be submitted at Final Plat, prior to certificate of occupancy for site plans, or prior to releasing a security as provided by an improvements agreement. The Landscape Installation Certificate of Completion is required to notify the City the landscaping and irrigation for the identified property complies with the requirements of the landscape and irrigation plan and this Manual. See Appendix F for a copy of the Landscape Installation Certificate of Completion form. This form does not apply to areas dedicated as parkland. 3.2 Landscape Design Requirements This Section applies to landscaped areas requiring permanent irrigation pursuant to BMC 38.550. For the efficient use of water, a landscape must be carefully designed and planned for the intended function of the project. The following criteria must be complied with as part of the landscape design. Landscapes must be designed and installed in a manner that supports the conservation of water. 3.2.1 Landscape Design Standards Landscapes must be designed pursuant to the standards of this Section. Landscape Design Approval Pathways Applicants may create compliant landscape designs via one of two design pathway options: the prescriptive (percentage-based) design approach; or the performance (water budget-based) design approach. The prescriptive pathway provides a simple pathway to receive landscape design approval. This pathway limits the total amount of turfgrass permitted to be installed in the landscape to a certain percentage of the total landscaped area. The remaining landscaped area is limited to the installation of drought-adapted and/or drought-tolerant plants and landscape design elements such as rock mulch and wood mulch. The performance pathway provides flexibility in landscape design by limiting the total amount of supplemental water required by the entire landscaped area to meet vegetation water demand, rather than setting limits on the installation of certain vegetation types. Prescriptive Landscape Design Pathway (percentage-based approach) Design criteria specific to this pathway includes: 1) Plant material must comply with the following: a) Turfgrass areas must not exceed 20 percent of the total landscaped area. b) All remaining landscaped areas must consist solely of low and/or very low water use vegetation (plant factor of 0.3 or less), and landscape design elements such as rock mulch and wood mulch, except for raised beds dedicated to edible gardens. Refer to the plant list in Appendix C. 2) Landscape Design Plan compliance with requirements outlined in 3.2.2 of this Manual. 165 14 Performance Landscape Design Pathway (water budget-based approach) Design criteria specific to this pathway includes: 1) Plant material compliance with the following: a) Landscape plant water demands for the entire landscaped area must not exceed an average of 8 gallons per square foot per year. b) Landscape Design Plan compliance with requirements outlined in 3.2.2. c) Project applicants following the performance pathway must provide a completed Water Budget Calculator as provided. See Appendix B. The performance landscape design pathway also relies on plant factor water use data outlined in the City of Bozeman Plant List (Appendix C). Landscaped Area Coverage Requirements 1) Landscaped area is defined in Appendix A. At least 60 percent of the site area not included in footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers, must be landscaped and maintained with some combination of vegetative understory plantings, such as shrubs, perennials, turfgrass, creeping or rooting groundcovers, or other living plants (excluding weeds). Rock mulch or wood mulch must be installed in all landscaped areas not covered with plant material. The installation of at least 50 percent native plants in the overall landscape is encouraged. Certain areas listed under Section 1.3 are exempt from being included in the site area coverage requirement listed above. a) A minimum of 10 percent of the landscaped area must be vegetated with container grown shrubs or perennials. This requirement does not apply to City right-of-way boulevard strips and medians. b) Evergreen trees count towards the landscape plant coverage requirement. Deciduous trees do not count towards this requirement. i) 8 feet of canopy spread (or 50 square feet) shall be used for evergreen trees when calculating plant size for the coverage requirement. c) The average mature plant size shall be used when calculating coverage amounts. d) Artificial plant materials do not count towards the landscape plant coverage requirement (BMC 38.550.050.F.4.). 166 15 Figure 2: This multi-household residential site plan showcases the 20% maximum allowable turf amount with the remaining 60% coverage requirement satisfied by shrubs and perennials. Figure 3: This multi-household residential site plan showcases the 20% maximum allowable turf amount with the 60% coverage requirement satisfied by shrubs (10% coverage) and low water use perennial seed mix (30% coverage). 167 16 Figure 4: This apartment site plan showcases how these standards apply to a larger site. The design satisfies the 60% coverage requirement with turf (20% coverage), shrubs and perennials (10% coverage), and low water use perennial seed mix (30% coverage). Parking Lot Requirements Parking lot landscaping is part of the landscaped area and must meet requirements in this Manual and 38.550.050.B. except for tree requirements as provided below. Tree Requirements Outside of Parking Lots and Boulevards 1) Tree diversity requirements must be met according to the table below. Deciduous and Evergreen Tree Plant Diversity Table Number of Trees Maximum % of Single Species 1-5 Can have 100% of one species 6-10 Maximum 50% of any one species 11-20 Maximum 33% of any one species 21+ Maximum 25% of any one species 2) A minimum of 75 percent of proposed trees must be drought adapted or have a plant factor of 0.3 or less. 3) Rock mulch is discouraged around private trees and prohibited around public, boulevard trees. Public, boulevard trees must have a 3’ diameter wood mulch ring 3”-4” in depth. 4) Trees must be planted at a minimum rate of 1 per 1600 square feet of landscaped area. 168 17 a) Trees used for residential adjacency requirements outlined in BMC 38.550.050.K may also count towards this requirement. 5) A minimum of fifty percent of trees must be canopy trees. The review authority may adjust this requirement if utility conflicts exist. 6) Transplanted trees exceeding the sizes outlined in BMC 38.550.050.F. may be allowed at the discretion of the review authority. 7) Exemptions: a) All areas within 10 feet of the building(s) on site are exempt from the square footage used to calculate the number of required trees. b) Landscaped areas under 6 feet wide are exempt from the square footage used to calculate the number of required trees. This does not apply to boulevard tree requirements. c) Deciduous and evergreen trees deemed healthy and preserved on site shall apply towards the tree planting requirement at the discretion of the review authority. d) Tree requirements for street frontage shall adhere to the requirements listed in BMC 38.550.050.D. These areas are exempt from the square footage used to calculate the number of required trees. Figure 5: This figure demonstrates how to calculate tree requirements for a site plan. One tree is required for every 1,600 square feet of landscaped area. However, all areas within 10’ of the building are exempt from this square footage requirement. As a result, only 2,250 square feet is used to calculate the required number of trees. Only one tree is required for this site plan. Boulevards and parking lots have separate tree requirements and are exempt from this square footage requirement. 169 18 Soil Preparation and Amendment Requirements Plants in healthy soils have an opportunity to develop robust root systems, leading to improved overall health and viability during drought conditions. By amending topsoil, plant die-off can be reduced, especially during the critical plant establishment period. Soil Quality Requirements 1) Landscaped areas must have a minimum topsoil depth of 6 inches throughout the entire planting area. 2) The topsoil quality requirement may be met by implementing one of the following methods prior to planting: a) Amend existing topsoil at a rate of 4 cubic yards of compost/1000 square feet. Compost must meet the State of Montana's compost requirement for soil amendment (Admin. Rule Mont. 17.50.1716). Compost must be spread and mixed evenly into the top 6 inches of topsoil; b) Perform a soil test and amend the existing soil as recommended by the soil test; or c) Imported topsoil that has been amended pursuant to the recommendations of a soil test. 3) Remove stones that are, at minimum, larger than 2 inches, sticks, roots, construction debris, and other extraneous matter, and legally dispose of them off the property. 4) Compliance with the following practices is required: a) Do not apply material or scarify if soil is frozen, muddy, or excessively wet. b) Protect areas of in-place soil from additional compaction, disturbance, and contamination during construction. 5) Exemptions: a) The building footprint and all areas within 5 feet of the actual building are exempt from the topsoil requirement. b) On engineered slopes, only amended planting holes must meet the topsoil requirement. Soil Testing Requirements The following requirements apply when performing a soil test: 1) A soil analysis must be conducted by an independent, state-operated, or university-operated soil laboratory with the capability and experience to conduct the required testing. 2) The soil sample(s) must represent a uniform area. Differences in texture (sand, silt, or clay), color, slope, degree of erosion, drainage, past management practices, and types of plant material designed for each area should be considered when collecting the sample. The recommended sampling frequency is no less than one sample per 5,000 square feet of landscaped area. 3) The soil analysis must test the following: a) Soil Texture b) Percentage of Organic Matter c) Soil Reaction (acidity/alkalinity pH value) d) Soluble-Salt Content e) Nutrients: including nitrogen, phosphorus, potassium, zinc, iron, copper, manganese, and lime. 4) The soil test must be dated no more than 60 days prior to conducting the pre-installation meeting and must be provided to the review authority at the pre-installation meeting. 3.2.2 Landscape Design Plan Requirements The landscape design plan must meet requirements outlined in BMC 38.220.100.B. Required Elements of the Landscape Design Plan for Preliminary Plat The following information must be submitted and approved by the Water Conservation Division at preliminary plat. 170 19 The landscape design plan must include property and project information listed in BMC 38.220.100.D. The landscape plan must match the scale and orientation of the irrigation plan. To satisfy requirements listed in BMC 38.220.040.B., the landscape design must contain a scaled landscape plan detailing the following landscape and plant material information: 1) The landscape design approval pathway selected for compliance (prescriptive vs. performance); 2) The total landscaped area (square feet); 3) The general location of the following vegetation categories, total square footage, and intended plant coverage expressed as a percentage of total landscaped area: a) Turf; b) Seed mix; and c) All other plants except for trees; 4) List the number of required trees, proposed trees, and proposed canopy trees to meet the tree requirements outside of parking lots and boulevards. If existing trees are being preserved, indicate their location and method for protecting existing trees from damage during construction. The location and type of all existing trees over six inches in caliper must be specifically indicated; 5) Type of mulch and application depth; 6) Indication of method used to meet topsoil quality requirements; 7) Areas used solely for water treatment, stormwater retention, or stormwater detention; and 8) Areas that are exempt from this Manual’s requirements as provided for in Section 1.3. and 1.4. Required Elements of the Landscape Design Plan for Final Plat and Site Plan The following information must be submitted and approved by the Water Conservation Division at final plat or prior to installation, whichever occurs first, or at site plan. The landscape design plan must include property and project information listed in BMC 38.220.100.D. The landscape plan must match the scale and orientation of the irrigation plan. To satisfy requirements listed in BMC 38.220.070.A.5. and BMC 38.220.100.A. for final plats and site plans, the landscape design must contain the following landscape and plant material information: 1) The landscape design approval pathway selected for compliance (prescriptive vs. performance); 2) The total landscaped area (square feet): 3) Landscaped areas with specific plant types and their general locations; 4) The square footage and percent coverage based off the total landscaped area of the following vegetation categories: a) Turf; b) Seed mix; and c) All other plants except for trees; 5) A plant schedule including the following plant items shown per page and an overall plant schedule that includes totals of the following: typical symbols, plant names (common and botanical name), quantities, container or caliper sizes at installation, height and width at maturity, and spacing for groundcovers as applicable. When using seed mixes or plant mixes, include species composition as a percentage and total square feet; 6) The number of required trees, proposed trees, and proposed canopy trees to meet the tree requirements outside of parking lots and boulevards. If existing trees are being preserved, indicate their location and method for protecting existing trees from damage during construction. The location and type of all existing trees over six inches in caliper must be specifically indicated; 7) Type of mulch and application depth; 8) Indication of method used to meet topsoil quality requirements; 171 20 9) Areas used solely for water treatment, stormwater retention, or stormwater detention; and 10) Areas that are exempt from this Manual’s requirements as provided for in Section 1.3. and 1.4. 3.2.3 Landscape Requirements for Boulevards and Street Medians This Section describes minimum landscape requirements for rights-of-way and street medians. Unless specifically called out in this Section, requirements outlined in Section 3.2.1 and 3.2.2 of this Manual apply. Collector, Arterial, and Local Street Boulevards 1) Artificial plant materials are prohibited. 2) The final grade of landscape design elements such as rock and wood mulch must be below the top of the curb to prevent mulch from migrating into the curb line and sidewalk. The curb reveal must not pose a trip hazard. Mulch maintenance and replenishment is the responsibility of the adjacent property owner. 3) Only landscape design elements that will not become damaged from plowing or pose an obstruction to plowing are permitted in rights-of-way boulevard strips. 4) Plant material must comply with street vision triangle requirements outlined in BMC 38.400.100. 5) Maintenance responsibility for landscaping in city rights-of-way is required per BMC 38.550.070.B. Adjacent property owners are responsible for weed mitigation and the replenishment of landscape design elements such as rock and wood mulch. 6) Plant materials that cannot withstand impacts from snow storage and plowing, including being buried under snow throughout the winter months, are prohibited in City rights-of-way boulevard strips. The City is not responsible for damage to plant material and landscape design elements in boulevard strips due to plowing. Street Medians 1) The installation of turfgrass in City right-of-way street medians is prohibited. 2) Artificial plant materials are prohibited. 3) The final grade of landscape design elements such as rock and wood mulch must be below the top of the curb to prevent mulch from migrating into the street. 4) Landscape design elements that pose an obstruction to snow plowing and snow storage, including but not limited to large rocks and boulders, that are not below the top of the curb line are prohibited. 5) Plant material must comply with street vision triangle requirements outlined in BMC 38.400.100. 6) Plant materials that cannot withstand impacts from snow storage and plowing, including being buried under snow throughout the winter months, are prohibited in City rights-of-way street medians. 172 21 3.3 Irrigation Design Requirements This Section applies to landscaped areas requiring permanent irrigation pursuant to BMC 38.550.050.H. For the efficient use of water, an irrigation system must be carefully designed and planned for the intended function of the project. The following criteria must be complied with as part of the irrigation system design. Irrigation systems must be designed and installed in a manner that supports the conservation of water. 3.3.1 Irrigation Design Standards Irrigation systems must be designed pursuant to the standards of this Section. Backflow Device and Controller 1) A backflow device compliant with the City’s currently adopted plumbing code for use in an irrigation system is required; 2) Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program are required. Except for parks and irrigation systems where the water supply is fully independent of City ownership or maintenance, the controller must be programmed to accommodate any water windows or restrictions for operation such as the day of the week and hours of the day pursuant to BMC 40.02.1290.; and 3) Sensors (rain, freeze, wind, ET, soil moisture, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present are required. Sprinklers/Overhead Irrigation 1) All overhead irrigation must consist of multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal, and/or rotors; 2) Head(s) subject to low head drainage must be equipped with integrated check valves to avoid draining when the system completes its cycle; 3) Sprinkler heads must be spaced 2 inches minimum from hardscape edges and installed flush with finished grade; 4) Overhead irrigation must use a 6 inch minimum riser; 5) Overhead irrigation spacing must be designed to achieve head-to-head coverage or per manufacturer specifications; 6) Areas less than 8 feet in width in any direction must be irrigated with drip irrigation, either subsurface or above ground. Overhead spray irrigation is prohibited in areas less than 8 feet wide unless being used for temporary establishment purposes only; and 7) It is encouraged to connect all sprinkler bodies to the lateral line with flexible swing joints or swing pipe. Drip Irrigation 1) Drip irrigation must be used for all landscaped areas other than turfgrass, creeping or rooting groundcovers, and seeded areas; 2) Drip irrigation must include a pressure regulator and filter; 3) Inline drip irrigation installed on a slope must lay parallel to the elevation contours; 4) Drip irrigation must be installed with the ability to easily flush the line; and 5) All subsurface drip must be installed with air/vacuum relief valves per manufacturer recommendations. Irrigation Stations/Zones 1) Each zone must be designed to achieve matched precipitation rates; 2) Irrigation zones must be separated based on hydrozone, which considers irrigation type (e.g. overhead or drip) and plant water use (e.g. low, medium, or high); 173 22 3) Stations that irrigate trees cannot irrigate other plant types. An individual irrigation station may irrigate more than one tree. The established size and extent of the root zone must be considered when designing irrigation for trees. Drip irrigation, such as emitters, root watering systems, or bubblers, must be used to irrigate trees. 4) Each irrigation zone must be designed to prevent runoff, overspray, or other similar conditions; and 5) Stations must be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations. System 1) Valve boxes must be installed in a manner that prevent breaks and must easily be accessible for repairs; 2) Irrigation pipe installed under hardscape surfaces must be sleeved with a rigid pipe 1 inch larger than the pipe within it, at a minimum; 3) Operating pressure of the irrigation system must meet manufacturer’s recommended operating pressure. a) Pressure-regulating devices must be installed to ensure proper operation. This may be accomplished by using pressure regulators at the zone valve or integrated into the sprinkler body. Sprinkler bodies with integrated pressure regulators are encouraged. If using sprinkler bodies with integrated pressure regulators, the bottom inlet must be used; and b) A booster pump is required If water pressure is below the required operating pressure. 4) A flow sensor and master valve are required for systems with mainlines greater than or equal to (>) 2 inches that are connected to City municipal water. Flow sensors must be installed according to manufacturer’s specifications and tested for functionality. a) A flow sensor serves two primary functions: 1) to detect breaks so the controller can suspend watering and notify the irrigation manager, and 2) to assist in efficient system operation by reducing the watering window the system requires to complete its watering cycle. It may also be used to track the irrigation system’s water consumption. 3.3.2 Irrigation Building Additions and Remodel Improvements For building additions and remodels falling under Level II Improvements as defined in BMC 38.500.020.B.2., the following irrigation components must be installed: 1) Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program are required. Except for parks and irrigation systems where the water supply is fully independent of City ownership or maintenance, the controller must be programmed to accommodate any water windows or restrictions for operation such as the day of the week and hours of the day pursuant to BMC 40.02.1290.; 2) Sensors (rain, freeze, wind, ET, soil moisture, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present are required; and 3) All overhead irrigation must consist of multi-stream, multi-trajectory (MSMT) nozzles, or an approved equal, and/or rotors. 3.3.3 Irrigation Design Plan Requirements The irrigation designer must meet requirements outlined in BMC 38.220.100.C. Both prescriptive and performance landscape design pathways must follow the irrigation requirements of this Section unless otherwise noted. Required Elements of the Irrigation System Design Plan for Preliminary Plat The following information must be submitted and approved by the Water Conservation Division at preliminary plat. 174 23 An irrigation design plan must be provided with the submission of a preliminary plat. To satisfy requirements listed in BMC 38.220.040.B.6., the irrigation design, at a minimum, must contain the following information: 1) An irrigation water requirement (IWR) in units of gallons per year. For applications seeking plan approval via the performance landscape design pathway, the required water budget calculation serves as the project IWR. For those seeking plan approval via the prescriptive landscape design pathway, the following must be used in the IWR calculation, as applicable: Cool season turfgrass 18.4 gallons/ft2/year Drought-adapted woody plants and herbaceous perennials 5.4 gallons/ft2/year Drought tolerant 1.8 gallons/ft2/year 2) Water supply source location, ownership (e.g. private or public), and type(s) (e.g. municipal, existing surface water, groundwater well). Identify areas irrigated with non-municipal water, including total square footage. Include all supporting documentation of compliance with all State, County, and City regulations as applicable. If using a well for irrigation, provide pre-determination/approval by DNRC for the well; 3) Assumed static water pressure at the point of connection to the water supply; 4) The general location of areas irrigated by the following methods: a) Overhead irrigation (e.g. rotors/rotary nozzles); b) Drip irrigation; c) Temporary irrigation, if applicable, including indication of whether overhead or drip irrigation will be used. 5) Areas that are exempt from this Manual’s requirements as outlined in Section 1.3. and 1.4.; and 6) A scaled plan that matches the scale and orientation of the landscape plan representing the irrigation components listed below with unique symbols and general locations, an irrigation schedule, and the following required information: a) Property line; b) Easements; c) Existing or proposed structures; d) Impervious surfaces; e) Existing features consistent with the landscape design plan; f) Point of connection; g) Backflow prevention device; h) Irrigation controller labeled by U.S. Environmental Protection Agency’s WaterSense® Program; i) Rain, freeze, wind, evapotranspiration (ET), or soil moisture sensor(s); and j) Irrigation sleeves. Required Elements of the Irrigation System Design Plan for Final Plat or Site Plan The following information must be submitted and approved by the Water Conservation Division at final plat or prior to installation, whichever occurs first, or at site plan. The irrigation plan must match the scale and orientation of the landscape plan. To satisfy requirements listed in in BMC 38.220.070.A.5. and BMC 38.220.100.A. for final plats and site plans respectively, the irrigation design, at a minimum, must contain the following information: 1) An irrigation water requirement (IWR) in units of gallons per year. For applications seeking plan approval via the performance landscape design pathway, the required water budget calculation serves as the project IWR. For those seeking plan approval via the prescriptive landscape design pathway, the following must be used in the IWR calculation, as applicable: 175 24 Cool season turfgrass 18.4 gallons/ft2/year Drought-adapted woody plants and herbaceous perennials 5.4 gallons/ft2/year Drought tolerant 1.8 gallons/ft2/year 2) An irrigation schedule that shows the total number of each component included in the irrigation design plan including make, model, size, and quantity of the following irrigation components per page and an overall irrigation schedule showing total quantities of the following components (as applicable). Quantities do not need to be provided for lateral lines, mainlines, sleeves, drip irrigation, rotors, and sprinklers. a) Point of connection; b) Backflow prevention device; c) Irrigation controller labeled by U.S. Environmental Protection Agency’s WaterSense® Program; d) Rain, freeze, wind, evapotranspiration (ET), or soil moisture sensor(s); e) Flow sensor, if applicable; f) Isolation valve(s); g) Remote control valve(s); h) Pressure regulator(s); i) Pressure regulator and filter for drip irrigation; j) Drip irrigation; k) Sprinklers and Rotors: i) Pop-up heights; ii) Radius and arc; l) Pipe type and size including lateral lines, mainlines, and sleeves; m) Quick coupler(s); n) Temporary irrigation, if applicable, including indication of whether overhead or drip irrigation will be used; and o) If applicable, the location and set pressure of the booster pump; 3) A scaled plan that matches the scale and orientation of the landscape plan representing the irrigation components listed above with unique symbols and general locations, along with the following required information: a) Property line; b) Easements; c) Existing or proposed structures; d) Impervious surfaces; e) Existing features consistent with the landscape design plan; f) Water supply source location and type(s) (e.g. municipal, existing surface water, groundwater well). Identify areas irrigated with non-municipal water, including total square footage. Include all supporting documentation of compliance with all State, County, and City regulations as applicable; g) Assumed static water pressure at the point of connection (POC) to the water supply; h) Connection point for winterization; i) Irrigation valves labeled to indicate flow rate (gallons per minute), station number, temporary irrigation (if applicable), and valve size; and j) Identification of the worst case station, or critical station, that faces the most pressure loss. Provide the pressure required for this station’s proper operation and the pressure delivered after accounting for pressure loss. Provide information showing pressure loss from the mainline, pressure loss from any elevation change to the POC, pressure loss from the backflow, and from any other applicable system components. 176 25 4) Except for parks and irrigation systems where the water supply is fully independent of City ownership or maintenance, a watering schedule demonstrating the system can meet the landscape’s peak demand, or water need during the hottest month, while remaining within the City’s watering window as outlined in BMC 40.02.1290. Appendix D contains evapotranspiration rate information to help determine water need. a) If the watering window cannot be met after the first 45 days of plant establishment, an exemption request form must be submitted to the Water Conservation Division for approval per Administrative Order 2023-02 upon submission of the Landscape Installation Certificate of Completion. b) The watering schedule must consider the following information and parameters for each zone/station: i) Plant material, ii) Watering days; iii) Irrigation run times (hours or minutes per irrigation event to avoid runoff); iv) Number of cycle start times required for each irrigation event to avoid runoff; v) Application rate; vi) Root depth; vii) Plant type; viii) Soil type; ix) Slope; x) Sun or shade exposure; xi) Distribution uniformity or efficiency factor; and xii) Whether the station/zone is temporary or permanent. 5) Areas that are exempt from this Manual’s requirements as outlined in Section 1.3. and 1.4. 3.3.4 Irrigation Operation and Maintenance Irrigation management includes the planning of water use, monitoring of water use, and verifying that equipment is maintained and properly adjusted for optimal performance. As the landscape matures, adjustments to the system must be in harmony with the original intent of the irrigation design. As such, the following operation and maintenance requirements are ongoing obligations of any development subject to this Manual: 1) Watering schedule must be regulated by an irrigation controller labeled by U.S. Environmental Protection Agency’s WaterSense® Program. Except for parks and irrigation systems where the water supply is fully independent of City ownership or maintenance, all irrigation scheduling must be programmed to operate within the City’s watering window outlined in BMC 40.02.1290; 2) Scheduling of irrigation events must match the needs of the plants to maintain health and meet the function of the landscape. This includes regular adjustments for plant establishment, plant maturity, and seasonal variations in weather; 3) Irrigation frequency and duration must account for soil texture and slope to prevent runoff; 4) Irrigation systems must be maintained to ensure proper operation for water use efficiency; 5) Regular operation and maintenance includes, but is not limited to, routine inspection, adjustment, and repair of the irrigation system; 6) Repair of all irrigation equipment must be done with components of equal or greater efficiency and quality; 7) When winterizing systems with flow sensors, manufacturer recommendations must be followed to prevent damaging the flow sensor assembly; and 8) All areas irrigated with temporary irrigation by means of connection to the irrigation controller must have run times reduced to zero minutes, wires disconnected, or components physically removed after the plant establishment period. 177 26 3.3.5 Irrigation Requirements for Boulevards and Street Medians This Section describes minimum irrigation requirements for rights-of-way and street medians. Unless specifically called out in this Section, requirements outlined in Section 3.3.1 and 3.3.2 of this Manual apply. Collector, Arterial, and Local Street Boulevards 1) The installation of overhead spray irrigation in City rights-of-way boulevard strips along all collector, arterial and local streets is prohibited in areas less than eight feet wide unless the overhead spray irrigation is used for temporary plant establishment purposes only. 2) Whenever a subsurface drip system is installed in these areas, it must also be equipped with a system pop- up indicator to help identify leaks. Street Medians 1) The installation of overhead spray irrigation in City rights-of-way street medians is prohibited in areas less than eight feet wide unless the overhead spray irrigation is used for temporary plant establishment purposes only. 2) Whenever a subsurface drip system is installed in these areas, it must also be equipped with a system pop- up indicator to help identify leaks. In these areas, the irrigation mainline, lateral lines, and wiring must be in individual sleeves. 3.3.6 Irrigation Requirements for Public Parks 1) Public parks must follow the Manual requirements listed in Section 3.3 and include the relevant information in applicable plans as required in BMC 38.220.060.A.14. except for the following: a) Ensuring that the system can meet the landscape’s peak water demand while fitting within the watering window (Sec 3.3.2). Due to the size of some parks, it may not be possible to irrigate the entire landscape within the defined watering window; and b) Flow sensor requirements unless otherwise prescribed by the Parks Department. 2) In addition, irrigation system components, such as a controller, rotor, or tree bubbler, must have their make and model approved by the Parks Department. 178 27 APPENDIX A: DEFINITIONS Unless otherwise specifically stated, the terms used in this Manual have the meaning set forth below: “Application rate” means the depth of water that the irrigation system applies over a period of time. Usually expressed in units of depth per time (e.g. inches of water/hour). “Backflow” or “Backflow prevention device” means a device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. “Boulevard” or “Boulevard strip” means the area between the street and sidewalk. “Canopy tree” means a species of tree which normally bears crown foliage no lower than six feet above ground level upon maturity. “Check valve” means a valve located under a sprinkler body, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler bodies when the irrigation system is not operating. “City” means the City of Bozeman or its authorized designee. “Controller” see irrigation controller. “Distribution uniformity” means the measure of the evenness of irrigation water applied to a defined landscaped area expressed as a decimal. “Drip irrigation” means a non-spray, low volume irrigation system using emitters. “Edible garden” means an area within the landscape that is dedicated to the production of food. “Emitter” means a drip irrigation emission device that delivers water from the drip system to the soil. Emitter flow rates are measured in gallons per hour (GPH). “Establishment period” means the time period when landscape water demands may be adjusted to establish new plantings. “ET sensor” means a sensor that uses evapotranspiration (ET) data to adjust the watering cycle. “ETo” or “ET” means the amount of water lost annually from plants and soil, depending on sun, wind, humidity and temperature. ETo is expressed in inches per day, month, or year as represented in Appendix D and is an estimate of the evapotranspiration of a large field of 4”-7” tall, cool-season grass that is well watered. Local values are sourced from U.S. Bureau of Reclamation AgriMet data. “Evapotranspiration rate” see ETo. “Flow rate” means the rate of water or volume per unit period of time. “Flow sensor” means a sensor that detects the flow of water through an irrigation system. “Freeze sensor” means a sensor that can detect the temperature. “Groundcover” means low growing, perennial species that create a mat of continuous cover over the ground, which makes it difficult for weeds to establish in the landscape. “Hardscapes” or “hardscape surface” means any hard material or feature including pervious and non-pervious materials installed in or around a landscaped area, such as pavements, pavers, concrete, or walls. “Hydrozone” means a portion of the landscaped area which has plants with similar water needs grouped together that are typically irrigated by one valve or station with the same irrigation type. A hydrozone may be irrigated or non-irrigated. 179 28 “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). “Inline drip irrigation” means a style of drip irrigation that uses drip pipe with integrated emitters creating an even distribution across the landscaped area. “Irrigation” means supplemental water that is artificially applied to an area for the purpose of fostering plant growth and health. “Irrigation controller” means the device that starts and stops the irrigation watering based on a watering schedule. “Irrigation design plan” means a scaled drawing of an irrigation system which lists irrigation information required by this Manual. “Irrigation efficiency” or “IE” means the measurement of the amount of water used by plants divided by the amount of water applied to a landscaped area. “Isolation valve” means a valve installed downstream of the point of connection of the irrigation water supply to shutdown water flowing through the mainline. “Landscaped area” means the area of a lot where landscaping has been or is proposed to be installed. It also includes landscape design elements such as rock mulch and wood mulch. It does not include footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers. “Landscaping” means an area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or rooting groundcovers, seed mixes, or other living plants. “Landscape design plan” means a scaled drawing of a landscape which lists landscape information required by this Manual. “Landscape installation certificate of completion” means the certificate included in Appendix F in this Manual that must be submitted to the City. “Lateral line” means the water delivery pipeline that supplies irrigation water to the emitters or sprinkler bodies from the irrigation zone valve. “Mainline” means the pipeline that delivers irrigation water from the water source to the irrigation zone valve(s) or outlet(s). “Matched precipitation” means an individual irrigation zone in which all sprinklers have similar precipitation rates. “MSMT nozzle” or “Multi-Stream, Multi-Trajectory nozzle” means nozzles designed to distribute water in individual streams, of varying trajectories, which rotate across the distribution area. “Nozzle” means the opening of a sprinkler body used to control the volume of discharge, distribution pattern, and droplet size. “Operating pressure” means a measurement of water pressure with the water in motion. “Organic mulch” means ground covering material consisting of organic matter such as wood chips, compost, straw, or leaves. “Overhead spray irrigation” means the sprinkler or spray nozzle components of an irrigation system; or the act of applying water to a landscape by sprinklers or spray nozzles that deliver water to the landscape through the air. 180 29 “Overspray” means the irrigation water which is delivered beyond the target landscaped area. “Plant factor” means a factor that, when multiplied by ETo, estimates the amount of water needed by plants. The plant factor for very low water use plants is 0.1; low water use plants is 0.3; medium water use plants is 0.5- 0.6; and high water use plants is 0.8. “Precipitation rate” see application rate. “Rain sensor” means a sensor that detects the amount of rainfall received. “Raised bed” means raised above the surface of the ground; usually framed by some barrier such as wood or stones. “Recommended operating pressure” means the pressure at which the parts of an irrigation system are designed to operate at by the manufacturer. “Riser” means the component of a sprinkler body that extends vertically to elevate the nozzle so it can achieve proper coverage. “Rock mulch” means ground covering material consisting of inorganic matter: rocks, gravel, decomposed granite, etc. “Rotor sprinkler body” or “rotor” means a sprinkler body that distributes water to the landscaped area by use of a single rotating stream. “Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area to waste. “Sensor” means a component of an irrigation system that has the ability to alter or suspend watering cycles based on locally collected data. “Soil moisture sensor” means a sensor that detects the soil moisture level in the landscaped area. "Spray irrigation" see overhead spray irrigation. “Sprinkler body” means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or opening. “Sprinkler” means an emission device consisting of a sprinkler body with one or more openings to convert irrigation water to high velocity discharge through the air. “Static water pressure” means the pipeline or water supply pressure when water is not flowing. “Station” means an area served by one valve or by a set of valves that operates simultaneously. “Swing joint/pipe” means an irrigation component that provides a leak-free connection between the emission device and lateral line to allow movement in any direction. “Temporary irrigation” means a temporary watering system designed to transport and distribute water to plants for a limited period, primarily used during the establishment period, after which time the irrigation is terminated or abandoned. “Turfgrass” or “turf” means a relatively high water use groundcover surface of grass and the surface layer of earth held together by its roots, including but not limited to cool season lawn grasses. For the purposes of this Manual, turfgrass has a plant factor of 0.8 or above. “Urban farming” see edible garden. “Valve” means a device used to control the flow of water in an irrigation system. 181 30 “Watering schedule” means collectively the zone or station run times (duration), zone or station watering days (frequency), and the time that the irrigation will begin running on the selected days (start times). “Watering window” or “water window” means the period, timeframe, or continuous hours of the day(s) in which outdoor watering is permitted. “Wind sensor” means a sensor that detects the wind speed. “Zone” means the section of an irrigation system served by a single valve. Zones are comprised of similar irrigation types and plant material types with similar water requirements. “Zone valve” means an electronically controlled automatic valve that operates a group of sprinkler bodies or a specific area of drip irrigation in the landscaped area. 182 31 APPENDIX B: WATER BUDGET CALCULATOR (PERFORMANCE PATHWAY ONLY) The Water Budget Calculator is a spreadsheet tool created for consistent calculation of supplemental irrigation water demands for various plant types installed in the landscape and serves as a tool to ensure landscapes are compliant with this Manual. A completed Water Budget Calculator is required for all performance-based landscape design plans. To complete the Water Budget Calculator, project applicants will need to enter inputs such as irrigation type and total square feet for each hydrozone type. The calculator will auto-calculate the supplemental irrigation water use of each plant type category, the total area, and the average gallons of supplemental irrigation per square foot of landscape. Additional details on the elements and calculations in the Calculator can be found in Appendix D. The Water Budget Calculator file can be downloaded at www.bozeman.net or by contacting the City’s Water Conservation Division. The City may update factors and calculation methods utilized within the Calculator. Such updates may occur at the discretion of the City. 183 32 APPENDIX C: PLANT LIST This list is intended to serve as a supplemental resource to aid in creating compliant landscape designs. The plant list also contains plant factors, which will help to determine a plant’s hydrozone water use category. Plants not included can still be used by matching their water use to the appropriate hydrozone water use category and plant factor. The plant list can be found on the City’s website at www.bozeman.net or at the City’s Water Conservation Division office. 184 33 APPENDIX D : WATER BUDGET CALCULATOR INFORMATION CALCULATOR INFORMATION & EQUATIONS The water budget calculation is based on peer-reviewed studies, other cities’ water budget calculation methodologies, and the Simplified Landscape Irrigation Demand Estimation (SLIDE) methodology. SLIDE serves as the basis for the ANSI/ASABE S623 Standard, Determining Landscape Plant Water Demands and is the most widely applicable and accepted industry standard for determining urban landscape plant water demands. This calculator only applies to performance based landscape and irrigation submittals. WATER BUDGET AREA CALCULATOR INFORMATION The Water Budget Area Calculator is used to determine the area input for the Water Budget Calculator. This calculator takes the Total Lot Area subtracted by the Building Footprint, Hardscape (e.g. sidewalk, pavers, or driveway), Exemptions, and areas with Artificial Plant Materials to determine the Water Budget Area (sq. ft.). Constant Categories (no input required) This category does not require any user input. 1) Category a) These site elements determine the water budget area to be used in the calculator. Input Categories Values are added by the user based on the site dimensions. 1) Area (sq. ft.) a) This is each category’s area within the site (total lot area, building footprint, hardscape, walkways, exemptions, and artificial plant materials). Output Categories 1) Water Budget Area (sq. ft.) a) This is the Total Lot Area category subtracted by the Building Footprint, Hardscape (e.g. sidewalk, pavers, or driveway), Walkways, Exemptions, and Artificial Plant Materials categories. WATER BUDGET CALCULATOR INFORMATION One of two Water Budget Calculators will be used depending on the development type. The Section 2 Water Budget Calculator is used for all developments falling under Section 2 of this Manual, while the Section 3 Water Budget Calculator is used for all developments falling under Section 3 of this Manual. Both calculators share the same categories, inputs, and outputs but have a different allowable water budget (gallons of supplemental irrigation required per square foot of water budget area). When using seed mix or plant mix, the plant with the highest plant factor is used to determine that mix’s Hydrozone Water Use Category. Constant Categories (no input required) These categories do not require any user input. The water budget calculation considers the following in determining the total water demand of the landscape: 1) Hydrozone Water Use Category 185 34 a) The Hydrozone Water Use Category is based on the SLIDE methodology and has been refined for the City’s climate. The intent of these broad categories is to group plantings of similar water use and provide a reasonable Plant Factor to be used in the water budget calculation for each hydrozone area. b) Appendix C includes the City of Bozeman Plant List with plant factors and serves as a supplemental resource to aid in creating compliant landscape designs. 2) Plant Factor (PF) a) Plant Factors are assigned to each plant type category and adjust the net evapotranspiration (ETo) to better reflect water needs. b) For example, cool season turfgrass maintained at a height of typical urban landscapes requires about 80 percent of the Net ETo to be replenished with supplemental irrigation to maintain plant health. Drought adapted plants typically require about 30 percent of the total Net ETo to be replenished with supplemental irrigation to maintain plant health. Therefore, the plant factor used for cool season turfgrass is 0.80, and the plant factor used for drought adapted plants is 0.30. Multiplying the total Net ETo by the applicable plant factor will properly adjust the water demand for each plant type based on the City’s climate. 3) Net ETo a) Net evapotranspiration is a combination of water lost through soil evaporation and plant transpiration, minus the effective precipitation amount (25% of total precipitation). The Net ETo value (expressed in inches) directly correlates to the amount of supplemental water needed to maintain plant health. b) Data used to determine seasonal Net ETo demands were gathered from a local weather station that monitors evapotranspiration (ETr) values based on a reference crop of alfalfa, which are adjusted for grass to arrive at ETo. Seasonal ETo and seasonal rainfall values observed in the City from 2011 to 2021 were averaged to determine the Net ETo value used in the Water Budget Calculator. Agrimet Bozeman: Monthly ETo Total (in) Year May June July August September May-Sept Total 2011 4.11 5.23 7.23 6.26 4.64 27.47 2012 4.40 6.54 7.12 6.50 4.49 29.04 2013 4.36 5.70 7.49 6.46 3.77 27.78 2014 4.73 5.11 7.08 4.96 3.69 25.57 2015 4.18 6.29 6.20 5.80 4.20 26.67 2016 4.54 7.01 7.60 6.80 3.30 29.25 2017 5.04 5.03 8.09 6.56 4.35 29.07 2018 4.51 5.04 6.61 5.30 3.54 25.00 2019 4.45 6.10 7.10 5.57 3.42 26.63 2020 4.81 5.04 6.43 6.01 4.17 26.46 2021 4.35 7.35 8.62 5.61 4.58 30.50 Average: 4.50 5.86 7.23 5.98 4.01 27.59 186 35 Agrimet Bozeman: Monthly Precipitation Total (in) Year May June July August September May-Sept Total 2011 2.83 2.87 0.76 0.90 0.57 7.92 2012 1.77 0.90 0.60 0.21 0.21 3.70 2013 3.07 2.74 0.62 0.40 2.60 9.42 2014 1.85 2.77 0.37 2.72 1.24 8.95 2015 2.86 0.59 1.52 0.75 1.21 6.93 2016 2.50 0.74 1.06 0.83 2.03 7.17 2017 2.53 2.10 0.16 0.47 2.50 7.75 2018 2.38 2.74 0.24 1.10 0.49 6.94 2019 1.82 2.18 2.56 0.77 3.88 11.21 2020 0.99 3.50 0.74 0.58 0.74 6.55 2021 3.29 0.81 0.77 1.83 0.15 6.85 Average: 2.35 1.99 0.85 0.96 1.42 7.58 c) The steps used to arrive at the Net ETo of 26 inches used in the Water Budget Calculator are included below: i) Seasonal average ETo (2011-2021) from Bozeman Agrimet station: 27.59 inches ii) Seasonal average precipitation (2011-2021) from Bozeman Agrimet station: 7.58 inches iii) Effective precipitation: 25 percent of total average precipitation (7.58 in. * 0.25) = 1.90 inches iv) Net ETo (Total ETo - Effective Precipitation): 27.59 in. – 1.90 in. = 25.69 inches v) Round 25.69 up to 26 inches 4) Irrigation Gallons per Square Foot a) This value is automatically generated based on the water budget variables listed above. b) Irrigation gallons per square foot: (PF * Net ETo * 0.62)*/IE i) Where: PF = plant factor, Net ETo = 26 inches, 0.62 is a conversion factor (inches to gallons per square foot), and IE = irrigation efficiency 5) Water Budget Area (sq. ft.) a) This is automatically generated by the Water Budget Area Calculator. Input Categories Values are added by the user based off the project’s landscape design. 1) Irrigation Type a) Irrigation Type is selected using a drop down menu. When drip or overhead irrigation is selected, a value is automatically assigned in the Irrigation Efficiency column. Drip irrigation has a 0.9 irrigation efficiency, while overhead irrigation has a 0.7 irrigation efficiency. b) Additional rows can be added as needed to reflect different irrigation types for each hydrozone water use category. 2) Sq. Ft. a) This is the square footage of each hydrozone water use category. b) The total of all inputs within this category is equal to the Water Budget Area (sq. ft.). 187 36 Output Categories These values are automatically generated based off input values. These output values are used to determine if a site is compliant with the Bozeman Municipal Code. 1) Irrigation Efficiency a) Irrigation Efficiency is derived from measurements and estimates of irrigation system characteristics and management practices recognizing that it is not possible for each drop of supplemental irrigation to be beneficially used by the plant(s) it targets. b) Factors that could reduce the efficiency of irrigation include wind drift, evaporative loss, application method, runoff, and overspray. For this reason, an irrigation efficiency factor is applied to the water budget calculation to adjust the total amount of water applied to the landscape to more accurately account for real-world losses. Drip irrigation, which applies water directly to plant roots, is more efficient than overhead spray irrigation which can be lost to wind drift, evaporation, and overspray. 2) Water Use (gal) a) This value represents each hydrozone category’s supplemental water use per season in gallons. 3) Percent of Total Water Budget Area a) This value represents plant type area expressed as a percentage of the total Water Budget Area. 4) Percent of Total Irrigation Demand a) This value represents each plant type’s water requirement as a percentage when compared to the Total Water Use. 5) Total Area a) The total of all Sq. Ft. inputs and is equal to the Water Budget Area (sq. ft.). WATER BUDGET CALCULATOR - TREE WATER CALCULATOR The tree water calculator is used to calculate tree water use and combines water use with the Water Budget Calculator to determine if a landscape is compliant. This calculator shares some of the same categories, inputs, and outputs as the Water Budget Calculator. Only the differences between the two calculators will be discussed in this section. Constant Categories (no input required) 1) Tree Water Use Category a) The Tree Water Use Category is based on the SLIDE methodology and has been refined for the City’s climate. This category provides a reasonable Plant Factor used in the water budget calculation. b) Appendix C includes the City of Bozeman Plant List with plant factors and serves as a supplemental resource to aid in creating compliant landscape designs. 2) Irrigation Efficiency a) Irrigation Efficiency is derived from measurements and estimates of irrigation system characteristics and management practices recognizing that it is not possible for each drop of supplemental irrigation to be beneficially used by the plant(s) it targets. b) Since drip irrigation is required for trees, a 0.9 efficiency factor is used. Input Categories Values are added by the user based off the project’s landscape design. 188 37 1) Number of Trees a) This is the total number of trees including boulevard and parking lot trees for each Tree Water Use Category. Output Categories 1) Sq. Ft. a) This is the square footage used to calculate each tree category’s water use. b) This is automatically calculated based on the number of trees multiplied by 28 square feet, or a 6’ circle representing the drip irrigation surrounding a tree. 2) TOTAL WATER USE a) This value represents the entire property’s supplemental water requirement per season in gallons. 3) GAL/SF (AVG) a) This is the average supplemental irrigation required per square foot of Water Budget Area over the entire season in gallons. b) The Section 2 Water Budget Calculator is allowed a water budget of 10 gal/square foot. c) The Section 3 Water Budget Calculator is allowed a water budget of 8 gal/square foot. 189 38 APPENDIX E: BUILDING PERMIT LANDSCAPE & IRRIGATION SELF-CERTIFICATION FORM Property Owner: ___________________________________________________________________________ Applicant (if different from owner): ____________________________________________________________ Property Address: __________________________________________________________________________ Property Type & Number of Units (e.g. Single Household, 1 Unit): ____________________________________ Owner Email: ___________________________________ Owner Phone: ______________________________ Applicant Email: ______________________________ Applicant Phone: ______________________________ Building Application Number: __________________________________ A completed form must be submitted with building permit materials for certain development types. For any questions regarding this form and its contents, please contact the City of Bozeman’s Water Conservation Division at 406-577-7400 or WaterConservation@Bozeman.net. Section 1 Is this project part of a site plan, modification, or further development? Yes _______No _________ If yes, enter the site plan, modification, or further development application number below and proceed to Section 3. Application Number: _________________________________________ If no, proceed to Section 2. Section 2 If this project is not part of a site plan, the following developments must follow the Landscape and Irrigation Design Requirements listed below: • Single Household or Townhome • Duplex, Triplex, Fourplex Landscape and Irrigation Design Requirements: Select either A) or B):  A) Turfgrass areas may not exceed 35 percent of the total landscaped area or 400 square feet, whichever is more. Remaining landscaped areas must consist solely of low and/or very low water use vegetation (plant factor of 0.3 or less) and landscape design elements such as rock mulch and wood mulch except for raised beds dedicated to edible gardens. Refer to the City of Bozeman plant list for acceptable plant types. It is strongly encouraged to install at least 50% native plants in the overall landscape.  B) In lieu of compliance with the above requirement, for those seeking more landscape design flexibility, a landscape water budget demonstrating that the landscape does not exceed an average annual irrigation demand of 10 gallons per square foot may be provided. Project applicants pursuing the water budget approach must provide a completed Water Budget Calculator as outlined in the City’s Landscape and Irrigation Performance and Design Standards Manual with this form. Additional requirements:  At least 60 percent of the site area not included in footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers, must be landscaped and maintained 190 39 with some combination of vegetative understory plantings, such as shrubs, perennials, turfgrass, creeping or rooting groundcovers, or other living plants (excluding weeds). The installation of at least 50% native plants in the overall landscape is encouraged.  Landscaped areas must have at least 6 inches of topsoil depth throughout the entire planted area. The building footprint and all areas within 5 feet of the actual building are exempt from the topsoil requirement. The topsoil requirement may be met by implementing one of the following methods prior to planting: - Amend existing topsoil at a rate of 4 cubic yards of compost/1000 square feet; - Amend existing topsoil based on the recommendations of a soil test; or - Import topsoil to achieve a minimum depth of 6 inches of topsoil.  A minimum three-inch layer of mulch must be applied on all exposed soil surfaces of planting areas except for turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is disadvantageous.  Rock mulch is discouraged around private trees and prohibited around public, boulevard trees. Public, boulevard trees must have a 3’ diameter wood mulch ring 3”-4” in depth.  A minimum of 75 percent of trees shall be drought adapted or have a plant factor of 0.3 or less and must follow the diversity table below: Deciduous and Evergreen Tree Plant Diversity Table Number of Trees Maximum % of Single Species 1-5 Can have 100% of one species 6-10 Maximum 50% of any one species 11-20 Maximum 33% of any one species 21+ Maximum 25% of any one species  Backflow prevention devices are required (compliance with local plumbing code).  Irrigation controllers labeled by U.S. Environmental Protection Agency’s WaterSense® Program must be installed.  Sensors (rain, freeze, ET, soil moisture, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present are required.  Overhead irrigation must consist of Multi-Stream, Multi-Trajectory (MSMT) nozzles, or an approved equal, and/or rotors.  Overhead irrigation must use a 6 inch minimum riser.  Sprinkler heads must be spaced 2 inches minimum from hardscape edges.  Irrigation systems must be designed to properly address hydrozoning in the landscape.  Drip irrigation must be used outside of lawn areas where irrigation is installed.  Areas less than 8 feet wide must be irrigated by drip irrigation. Overhead irrigation is prohibited in areas less than 8 feet wide unless only used for temporary establishment.  Operating pressure of the irrigation system must meet manufacturer’s recommended operating pressure. 191 40  Trees must be on a separate irrigation valve(s) from other plant types to allow for a unique watering schedule during drought related outdoor watering restrictions. Drip irrigation, such as emitters, root watering systems, or bubblers, must be used to irrigate trees.  Irrigation pipe installed under hardscape surfaces must be sleeved in a rigid pipe.  Adjacent boulevard(s) must comply with these Landscape and Irrigation Design Requirements and current boulevard tree requirements. Section 3 By signing this form, the property owner/applicant hereby agrees that the landscape and irrigation will comply with the approved plan or the Landscape and Irrigation Design Requirements. The property owner/applicant understands that this property is subject to random compliance inspections performed by City staff. Non- compliant properties may be subject to fines or citations according to Chapter 40 in the Bozeman Municipal Code. Owner Signature: __________________________________________ Date: ______ Applicant Signature: __________________________________________ Date: ______ 192 41 APPENDIX F : LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION This form must be submitted prior to receiving final plat for subdivisions or prior to issuance of a certificate of occupancy for site plan applications OR prior to releasing a security as provided by an improvement’s agreement. This form does not apply to areas dedicated as parkland. I hereby certify that: 1) I am a qualified professional per BMC 38.220.100.B. and/or BMC 38.220.100.C. to provide landscape and irrigation design services for: Project Applicant Name ________________________________________________________________________________ Project Applicant Telephone ________________________________________________________________________________ Project Applicant Mailing Address ________________________________________________________________________________ The landscape project for the property listed below was installed by me or under my supervision: Street Address or Parcel Number(s) ________________________________________________________________________________ 2) The installation complies with ONE of the following: a) The required landscape and irrigation system has been installed according to the approved Landscape Documentation Package and complies with the requirements of the approved landscape and irrigation plan, the City of Bozeman Municipal Code, and the City of Bozeman Landscape and Irrigation Design and Performance Standards Manual. Yes_________ No ________ b) The required landscape and irrigation system has been installed in general conformance with the approved Landscape Documentation Package and complies with the requirements of the approved landscape and irrigation plan, the City of Bozeman Municipal Code, and the City of Bozeman Landscape and Irrigation Design and Performance Standards Manual. Deviations from the approved landscape and irrigation system plans still meet the intent of these standards. Yes_________ No _________ (NOTE: If selecting (b), documentation of deviations from the approved landscape and irrigation plans must be provided with this form.) 3) The following are attached hereto: a) Documentation verifying the installation of 6” of topsoil through one of the following methods; i) Amending existing topsoil at a rate of 4 cubic yards of compost/1,000 square feet, ii) Performing a soil test and amending the soil as recommended by the test, or iii) Importing topsoil that has been amended pursuant to the recommendations of a soil test. b) Temporary irrigation watering schedule, including the plan and date for temporary irrigation to be disabled (if applicable); and 193 42 i) The plan for disabling any temporary irrigation must be provided to the entity responsible for irrigation maintenance. Establishment period is a maximum of three growing seasons. c) Landscape and irrigation record drawings for all City maintained areas. For each area maintained by a unique City division, provide a separate record drawing labeled for that division (e.g. a record drawing for right-of-way area will be labeled for the streets division). 4) For the efficient use of water, all irrigation watering schedules have been developed to use the minimum amount of water required to maintain plant health and function. Watering schedules meet the following: a) Irrigation scheduling is regulated by a weather or soil moisture sensor connected to an irrigation controller. Yes________ No ________ b) Except for parks and irrigation systems where the water supply is fully independent of City ownership or maintenance, all overhead irrigation is scheduled in accordance with BMC 40.02.1290. Yes ________No _________ (NOTE: If the watering window cannot be met after the first 45 days of plant establishment, an exemption request form must be submitted to the Water Conservation Division for approval per Administrative Order 2023-02.) 5) The irrigation controller(s) contains a document outlining the following: a) Scheduling parameters used to program the controller; and b) Peak season watering schedule for the established landscape that specifies each controller station area, run times and frequency, and temporary stations used for plant establishment. The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Bozeman Landscape and Irrigation Design and Performance Manual and the City of Bozeman Municipal Code. Print Name Date Signature License Number Address Telephone E-mail Address Signature or stamp of the qualified landscape and/or irrigation professional per BMC 38.220.100.B. and BMC 38.220.100.C. (If Appropriate) 194 43 Print Name Date Signature License Number Address Telephone E-mail Address Signature or stamp of the qualified landscape and/or irrigation professional per BMC 38.220.100.B. and BMC 38.220.100.C. (If Appropriate) 195 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Director of Utilities Danielle Garber, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2155 Final Adoption to Revise Chapter 38 and 40 of the Bozeman Municipal Code to Include Required Water Efficient Landscape and Irrigation Performance and Design Standards MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to adopt Ordinance 2155. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:On February 15, 2022, the City Commission held a work session to discuss the development and implementation of required water efficient landscape and irrigation performance and design standards for new development. City staff proposed three ‘tiers’ of standards (tier 1, 2, and 3), each including a different suite of requirements that were projected to result in relatively low, medium, and high levels of water saved, respectively. The City Commission directed staff to develop standards that aligned with tier 3, which was estimated to result in the greatest water savings. This ‘tier 3’ water efficient landscape ordinance was included as a recommended program measure in the 2023 Water Conservation and Efficiency Plan and is estimated to save 1,291 acre-feet of water in the year 2040 compared to development without the standards in place. Standards were developed by reviewing national and supply-constrained western state standards, considering the financial impacts of the standards, analyzing Bozeman’s water use trends and achievable savings through the implementation of various standards, and engaging with community members. The landscape standards reduce the installation of high water use turfgrass, ensure adequate soil quantity and quality that supports healthy plants and reduces water use, and increase the installation of drought adapted landscaping in future development. The standards include limits on the amount of turfgrass permitted to be installed in new development. Two 196 separate project/plan approval ‘pathways’ have been developed for project applicants to choose from to meet future landscaping requirements. These pathways are intended to provide 1) a simple pathway to receive design approval and, 2) a pathway to accommodate greater design flexibility. The applicant chooses which pathway to use. The irrigation standards ensure that irrigation systems installed in future development projects achieve water use efficiency through proper design and performance. The standards include requiring high efficiency irrigation nozzles, weather-based irrigation controllers, adequate operating pressure, proper ‘hydrozoning’ aligned with industry best management practice and prohibiting overhead spray irrigation in narrow landscaped areas prone to runoff and water waste. Ordinance 2155 revises Articles 2, 4, 5 and 7 of Chapter 38 of the Bozeman Municipal Code to include submittal requirements for landscape and irrigation plans, completion and acceptance of requirements for landscape and irrigation improvements and refer to the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual for specific landscape and irrigation requirements to ensure water savings is achieved through efficient design and performance. Ordinance 2155 also revises Article 2 of Chapter 40 of the Bozeman Municipal Code to refer to Chapter 38, Article 5, Division 550, the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and include reference to irrigation systems in rules and regulations of the utility. The City Commission provisionally adopted this ordinance unanimously on April 23, 2024. For details, please see the video of the April 23rd meeting beginning at 52:50 minutes in the recording and the City Commission packet for the meeting beginning on page 159. During provisional adoption, the Commission made a motion to revise the turfgrass limit to a maximum turfgrass area of 400 square feet or 35% of landscaped area, whichever is more, to all lots subject to sketch plan review. This motion does not require amendments to Ordinance 2155. The amendments are included in Resolution 5586. Ordinance 2155 includes a text amendment in BMC 38.550.020 to authorize the City Commission to adopt the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual pursuant to resolution (Resolution 5586). Final adoption of Ordinance 2155 is in conjunction with adoption of Resolution 5586. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: 197 Ordinance 2155_Water Efficient Landscape Ordinance_FINAL.pdf Report compiled on: April 25, 2024 198 Ordinance 2155 Page 1 of 43 ORDINANCE 2155 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA GENERALLY REVISING CHAPTER 38 AND CHAPTER 40 OF THE BOZEMAN MUNICIPAL CODE TO ESTABLISH NEW WATER EFFICIENT LANDSCAPE AND IRRIGATION PERFORMANCE AND DESIGN STANDARDS, AUTHORIZE THE ADOPTION OF A LANDSCAPE AND IRRIGATION PERFORMANCE AND DESIGN STANDARDS MANAUAL VIA RESOLUTION, AND PROVIDING AN EFFECTIVE DATE. 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 of Bozeman (“City”) has adopted land development and use standards to protectpublic health, safety and welfare and otherwise execute the purposes of Montana CodeAnnotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501. 2. Pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby relying upon its self-government powers recognizing pursuant to Montana law such self- government powers must be liberally construed in favor of such power. 3. The Bozeman City Commission is authorized, pursuant to Mont. Code Ann. § 7-13-4402(2021), to adopt, enter into, and carry out means for securing a supply of water for the use of the City and its present and future inhabitants. 4. The City of Bozeman has the authority to regulate the use of water for outdoor use pursuantto Chapter 40 of the Bozeman Municipal Code. 5. The existing municipal water supply of the City of Bozeman is an essential resource that sustains public health, safety and welfare and is highly susceptible to the impacts of droughttherefore necessitating efficient use and conservation of the limited water resource. 199 Ordinance 2155 Page 2 of 43 6. The City is responsible for providing current and future customers with a reliable, sustainable, and cost-effective supply of high-quality drinking water at all times and is committed to making the highest and best use of the City’s water resources. 7. Bozeman is a semi-arid, headwaters community dependent on limited water supplies that are subject to impacts from drought. 8. Drought events, population growth, and impacts of climate change on water supply yields, make Bozeman increasingly susceptible to water supply reliability challenges. 9. The City has the authority to establish regulatory structures and procedures through this Ordinance to be implemented in conjunction with the Landscape and Irrigation Performance and Design Standards Manual adopted pursuant to Resolution 5586. 10. The Landscape and Irrigation Performance and Design Standards Manual includes required water conservation standards be implemented in new development projects to ensure the efficient use of water for outdoor uses. 11. The City’s ‘Engage Bozeman’ framework was utilized to provide community groups with an opportunity to contribute to decision making processes to inform the contents of the Landscape and Irrigation Performance and Design Standards Manual. 12. The City of Bozeman adopted the 2013 Integrated Water Resources Plan which calls for water conservation to reduce the future water supply demand gap by fifty percent. 13. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community. 14. The adopted BCP 2020 includes objectives to support water conservation and the use of native plants in landscaping, review and update landscape standards for public and private open spaces to reduce water use, and update land development standards to implement the Integrated Water Resources Plan. 15. The adopted 2020 Bozeman Climate Plan includes objectives to build on the success of water conservation education, evaluate additional water conservation code adjustments, and maintain and expand the urban forest. 16. On December 21, 2021, the City Commission adopted Resolution 5368, adopting the Bozeman City Commission Priorities for 2022 and 2023, which includes policies to reduce water consumption related to drought tolerant landscaping and watering restrictions. 17. On February 15, 2022, the City Commission held a work session to provide direction to staff on the development of ‘tier 3’ water efficient landscape and irrigation standards for new development projects. 200 Ordinance 2155 Page 3 of 43 18. On October 24, 2023, the City Commission adopted Resolution 5547, adopting the 2023Water Conservation and Efficiency Plan which recommends the implementation and adoption of a ‘tier 3’ water efficient landscape ordinance for new development projects. 19.The 2023 Parks, Recreation and Active Transportation Plan includes a goal to createstandards for efficient irrigation infrastructure in City Parks. 20. After proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission/Planning Board held a public hearing on April 1, 2024, to receive andreview all written and oral testimony on the proposed amendments. 21. The Community Development Board acting in their capacity as the Bozeman Zoning Commission and Planning Board recommended to the Bozeman City Commission that Ordinance 2155, be approved. 22. After proper notice, the City Commission held a public hearing on April 23, 2024 to receiveand review all written and oral testimony on this Ordinance. 23. The City Commission has reviewed and considered the applicable amendment criteriaestablished in Mont. Code Ann. § 76-2-304 and the Montana Subdivision and Platting Actand finds that the proposed amendments are in compliance with the criteria. Section 2 That Section 38.200.010.D. – 38.200.010.E. (Review authority) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.200.010. Review authority. … D.The city engineer must review and upon recommendation from the applicable advisorybodies when needed approve, approve with conditions or deny the following site elementsand processes: … 14. Protection of landscape areas per paragraph 38.550.050.GH; … E.The director of utilities must review and upon recommendation from the applicableadvisory bodies as needed approve, approve with conditions or deny the followingdevelopment elements and processes: 201 Ordinance 2155 Page 4 of 43 … 5. The maximum length of service lines per section 38.410.070; and 6. Provision of water rights as authorized in section 38.410.130; and 7. Landscape and irrigation plans per section 38.550.060. All other subsections of this section shall remain unchanged. Section 3 That Section 38.220.030.A.3. (Subdivision pre-application submittal materials) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.030. Subdivision pre-application submittal materials. A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and must include: … 3. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision including: … c. Water source for irrigation and general areas to be landscaped and irrigated, including but not limited to collector and arterial street rights-of-way and open space. All other subsections of this section shall remain unchanged. Section 4 That Section 38.220.040.B. (Subdivision preliminary plat) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.040. Subdivision preliminary plat. … 202 Ordinance 2155 Page 5 of 43 B. The following information must be submitted along with the preliminary plat. … 6. Landscaping and Irrigation. a. Proof of compliance with water conservation standards outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and 38.550.050.D. and 38.550.070. 7. Application and fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided. All other subsections of this section shall remain unchanged. Section 5 That Section 38.220.060.A.14. (Documentation of compliance with adopted standards) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.060. Documentation of compliance with adopted standards. A. The following information must be provided with all subdivision preliminary plat applications in order to document compliance with adopted development standards unless waived by the development review committee during the pre-application process per section 38.240.110. The developer must include documentation of any waivers granted by the city after the pre-application review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter, the Montana Subdivision and Platting Act, and other applicable standards. … 14. Parks and recreation facilities. The following information must be provided for all land used to meet parkland dedication requirements: a. Park plan. A park plan, including: … (6) Park conceptual landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100 unless the parks department has adopted an alternate plan standard, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes 203 Ordinance 2155 Page 6 of 43 and the irrigation system including but not limited to identification of water source, points of connection, mains, laterals, valves, zones, and sprinkler heads; … b. Irrigation information. (1) An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box Irrigation system design compliant with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual; and (2) If an existing well will be used for irrigation, a certified well log must be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc. All other subsections of this section shall remain unchanged. Section 6 That Section 38.220.070. (Final plat) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.070. Final plat. A. The following materials must be provided with each application for final plat approval. Materials must be provided in the number of copies and form established by the director of community development. … 4. Final park plan. For all land used to meet parkland dedication requirements, a final park plan must be submitted to the city for review and approval prior to final plat. The final park plan must include all of the information listed in section 38.220.060.A.145 and must include evidence of compliance with the installation requirements of division 38.270. The final park plan irrigation system must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 5. Landscape and irrigation plans. a. Rights of way. For all collector and arterial rights-of-way land proposed to be landscaped and irrigated, a detailed landscape and irrigation plan must be submitted for review and approval prior to final plat or installation, whichever occurs first. The 204 Ordinance 2155 Page 7 of 43 detailed landscape and irrigation plan must comply with water conservation standards outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and 38.550.050.D and 38.550.070, and must comply with the installation requirements of division 38.270. b. Open space. For all open space land proposed to be landscaped and irrigated, a final landscape and irrigation plan must be submitted for review and approval prior to final plat or installation, whichever occurs first. The detailed landscape and irrigation plan must comply with water conservation standards outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual, 38.550.070, and must comply with the installation requirements of division 38.270. 65. Irrigation system record drawingsas-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The record drawings as-builts must, at a minimum, include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. 76. Affordable housing. If the plat has used the provisions of division 38.380, the developer must provide a description of how the subdivision has complied with division 38.380. The description must be of adequate detail to clearly identify those lots designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable. 87. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must: … j. Include a notation stating that topsoil depth and topsoil quality requirements must be met on all future subdivided lots prior to installation of landscaping and irrigation, as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 98. Documents. The following documents must accompany the final plat: … 109. For non-public improvements, the developer must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, irrigation, ADA accessibility 205 Ordinance 2155 Page 8 of 43 requirements, private infrastructure, and other required elements were installed in accordance with the approved plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC. All other subsections of this section shall remain unchanged. Section 7 That Section 38.220.080. (Site plan submittal requirements) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.080. Site plan submittal requirements. A.Applications for all site plan approvals must be submitted to the community developmentdepartment on forms provided by the community development director. 1.General information. a.Complete, signed application including the following: … (4)Name and mailing address of engineer/architect, landscape architect, irrigation designer, and/or planner; … 2.Site plan information. The following information is required whenever the requested information pertains to zoning or other regulatory requirements of this chapter,existing conditions on-site or conditions on-site which would result from the proposeddevelopment: … g.Location, identification and dimension of the following existing and proposeddata, on-site and to a distance of 100 feet (200 feet for PUDs) outside site planboundary, exclusive of public rights-of-way, unless otherwise stated: … (18) Landscaping and irrigation (detailed plan showing plantings, irrigationlayout, equipment, and other relevant appropriate information as required in section 38.220.100); 206 Ordinance 2155 Page 9 of 43 … k. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposedlandscaping;. Soil in proposed landscaping areas must comply with requirementsoutlined in the most recent version of the City of Bozeman Landscape andIrrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. Section 8 That Section 38.220.100. (Submittal requirements for landscape plans) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.100. Submittal requirements for landscape and irrigation plans. A.These Llandscape and irrigation requirements regulations apply to a lot or site subject toplan review and approval outlined in division 38.230 of this chapter. A separate landscapeand irrigation plan must be submitted as part of the site plan application. The landscape and irrigation plan must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.unless the required landscape information can be included in a site plan that meetsformatting requirements as determined by the city and the standards listed below. B.Preparation of landscape plan. Landscape plans must be signed by one of the following qualified landscape professionals: … C.Preparation of an irrigation plan. Irrigation plans must be signed by one of the following qualified irrigation professionals: 1. A state-registered landscape architect with irrigation credentials; 2. A certified irrigation designer; 3. A licensed or certified irrigation contractor; or 4. An individual with the requisite skills and experience to design an irrigation system. Thedirector may establish standards for the types of skills and experience required to qualify under this subsection. C.D. Contents of landscape plan. A landscape plan required pursuant to this chapter must contain the following information: 207 Ordinance 2155 Page 10 of 43 1. Property and project information: a. 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan; b. 2. Location of existing boundary lines and dimensions of the lot; c. 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, drive aisles and sidewalks on the lot and/or adjacent to the lot; d. 4. Project name, street address, and lot and block description; e. 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours); f. 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips; 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over six inches in caliper must be specifically indicated; g. 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces; 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction; h. 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features; 11. A description of proposed watering methods; i. 12. Location of street vision triangles on the lot (if applicable); j. 13. Designated snow removal storage areas; k. 14. Location of pavement, curbs, sidewalks and gutters; l. 15. Show location of existing and/or proposed drainage facilities which are to be used for drainage control; m. 16. Existing and proposed grade; 17. Size of plantings at the time of installation and at maturity; 208 Ordinance 2155 Page 11 of 43 18. Areas to be irrigated; n. 19. Planting plan for watercourse buffers, per section 38.410.100, if not previously provided through subdivision review; and o. 20. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls. 2. Plant material and soil information: a. A landscape plan required pursuant to this chapter must include plant material and soil information requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. E. Contents of irrigation plan. An irrigation plan required pursuant to this chapter must contain the information listed in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. Section 9 That Section 38.220.110. (Sketch plan submittal requirements) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.110. Sketch plan submittal requirements. A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance with the requirements of this chapter. Sketch plans must be oriented with north at the top of the page and must also show site boundaries, street and alley frontages with names, street trees, water and sewer service locations, sidewalks, parking location and size, and location of all structures with distances to the nearest inch or nearest tenth of foot between buildings and from buildings to property lines. The landscape and irrigation for a lot or site subject to sketch plan submittal requirements must comply with applicable requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. A Building Permit Landscape & Irrigation Self-Certification Form, as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual must be submitted with an application for a building permit unless a waiver of certification in whole or part is explicitly approved by the review authority. 209 Section 10 That Section 38.220.130.A.3.a.(7) (Submittal materials for regulated activities in wetlands) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.220.130. Submittal materials for regulated activities in wetlands. A. All parties applying for activity permits proposing action affecting federal, state or city regulated wetlands, watercourses and/or buffers within the city limits must submit the following information: … 3. If in the preparation or review of the required submittal materials it is determined that there are unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water Act permit, then the following information must be submitted to the city for all federal jurisdictional and city-regulated wetlands (see section 38.700.210 for definition) in a compensatory mitigation report: a. The descriptive narrative must include, at a minimum: … (7) A planting schedule by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, "typical" clustering patterns, total number of each species by community type, timing of installation, nutrient requirements, watering schedule, weed control, and where appropriate measures to protect plants from destruction. Native species must comprise 80 percent of the plants installed or seeded within the mitigation site. Any irrigation installed in these areas must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. Section 11 That Section 38.220.320.B (Covenants) of the Bozeman Municipal Code be created to read as follows: Sec. 38.220.320. Covenants. … 210 Ordinance 2155 Page 13 of 43 B.Landscaping and irrigation requirements included in private covenants must comply withthis code and the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. Section 12 That Section 38.230.070.A.2. (Sketch plan review) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.230.070. Sketch plan review. A.Sketch plan submittal requirements. ... 2.Separate construction plans and compliance with landscaping and irrigationrequirements outlined in the most recent version of the City of Bozeman Landscapeand Irrigation Performance and Design Standards manual are required necessary for building permits when the proposal requires such permits. Additional information isalso necessary when the proposal requires the issuance of a certificate ofappropriateness (see sections 38.230.080 and 38.220.090). All other subsections of this section shall remain unchanged. Section 13 That Section 38.230.140.A. (Final plan) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.230.140. Final plan. A.If the review authority is the city commission, no later than six months after the date of thecommission's approval of the plan, the applicant must submit to the communitydevelopment department a final plan. The number of copies of the final plan to be submitted is established by the director of community development. The final plan must contain the materials required in sections 38.220.080, and 38.220.090, 38.220.100, and whateverrevisions to the preliminary site plan or master site plan are required to comply with anyconditions of approval. Prior to the passage of six months, the applicant may seek anextension of not more than an additional six months from the director of community development. All other subsections of this section shall remain unchanged. 211 Ordinance 2155 Page 14 of 43 Section 14 That Section 38.230.170. (Improvements to existing developed sites independent of site plan review) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.230.170. Improvements to existing developed sites independent of site plan review. The continued improvement of existing developed sites is desired to increase the level of compliance with the provisions of this chapter and to encourage maintenance and viability of the site. An applicant may propose improvements, not in association with a plan review, to increase conformity with the standards of this chapter for landscaping, irrigation, lighting, parking or similar components of a site to occur over a defined period of time, not to exceed three years. Such improvements must be depicted on a site plan drawn to scale and which must be sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work. Such improvements must be reviewed by and approved at the discretion of the review authority which may require surety in accordance with the terms of division 38.270 of this chapter for work performed. A certificate of appropriateness may be required if the site is located within the neighborhood conservation overlay district. Section 15 That Section 38.270.010.A. (Purpose and applicability) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.270.010. Purpose and applicability. A. This division provides standards and procedures relating to the installation of physical improvements and compliance with requirements related to development. As these improvements are necessary to meet requirements of the law and to protect public health, safety and general welfare and other purposes of this chapter it is also necessary to provide means by which their installation can be ensured. Such improvements may include, but are not limited to, design elements such as landscaping or architectural features; and infrastructure, such as parking facilities, storm drainage facilities, pedestrian walkways, irrigation, and public utilities. Furthermore, in some situations it is in the best interest of the person conducting development to be able to provide security for the completion of certain work and be able to begin utilization of a development sooner than would otherwise be possible if all improvements had to be physically installed before use could begin. This article therefore protects the public health, safety, and welfare and sources of public funding by: … All other subsections of this section shall remain unchanged. Section 16 212 Ordinance 2155 Page 15 of 43 That Section 38.270.020.A.2. and 38.270.020.B. (Standards for improvements) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.270.020. Standards for improvements. A. General. The developer must comply with the following procedures and standards for the installation of development improvements, including parks. … 2. Protection of existing improvements. The developer, and the developer's contractors and suppliers are jointly and severally responsible to ensure that existing improvements are not damaged or rendered less useful by the operation of the developer, and the developer's contractors or suppliers. Such protection of improvements may include requirements for cleaning of vehicles leaving a construction site. This provision is intended to preclude damage to existing roads, streets, water, landscape, irrigation, sewer and drainage systems. The city may instruct the developer as to the streets or roads to be used for access by construction equipment, and the developer must require the same from the developer's contractors and their suppliers. The city may require the developer to post a security to guarantee repair of damages. B. Improvements to be dedicated to the public. 1. Plans and specifications. Engineering and survey plans, specifications and reports required in connection with public improvements and other elements of the subdivision, or other development required by the city, must be prepared by a registered engineer or a registered land surveyor as applicable, licensed in the state of Montana, as their respective licensing laws allow. The plans and specifications must be prepared in compliance with the city's design standards and specifications policy, park design standards, the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual, and other regulations and policies, as applicable. Plans and specifications for non-engineering improvements must be prepared by a person whose qualifications are acceptable to the city department with responsibility for that type of improvements. Plans and specifications for non-engineering improvements must be prepared in compliance with any applicable adopted design standards and specifications policy. … 4. Improvement procedure. a. Approval of the improvement plans and specifications must be completed before installation of improvements or entering into an agreement where security is to be provided for the completion of the improvements. 213 Ordinance 2155 Page 16 of 43 b. The procedure for submittal, review, and approval of improvement plans and specifications is contained in the city's design standards and specifications policy, and must be followed by the developer and the developer's contractors. All plans and specifications related to park and public trail improvements must be submitted to the parks division for review and approval. All plans and specifications related to landscaping and irrigation must conform to requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. Section 17 That Section 38.270.030.A. and 38.270.030.B.1.b.(2). (Completion of improvements) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.270.030. Completion of improvements. A. General. The applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements to be dedicated to the public were installed in accordance with the approved site plan, plans and specifications, or plat as applicable. For required private improvements, the applicant must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, irrigation, ADA accessibility requirements, private infrastructure, and other required elements were installed in accordance with the approved site plan, plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC. 1. Improvements to be dedicated to the public. Improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, landscape, irrigation, and public streets, must be: a. Installed by the developer in accordance with the approved plans and specifications; b. Certified by a registered professional civil engineer, licensed in the State of Montana, or other appropriate professional acceptable to the city; c. 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 appropriate. … B. Completion time for subdivisions. 214 Ordinance 2155 Page 17 of 43 1. Improvements. All subdivision improvements, including parks, must be constructed and completed as approved by the city. … b. The subdivider must meet the requirements of either subsection (1) or (2) for completion of street improvements. The option must be specified in the preliminary plat submittal. Should the applicant not identify which option is desired, the option presented in subsection B.1.b.(1) of this section must be required. Altering the choice of option after approval of the development constitutes a material modification to the project and requires re-review of the project for modification to the approval subject to the provisions of section 38.100.070. … (2) The subdivider must enter into an improvements agreement guaranteeing the completion of the paving, curb, gutter, storm drainage, street lighting, sidewalks, required boulevard landscape and irrigation, or other street infrastructure improvements not yet completed. The improvements agreement must provide security, as explained in this division. However, at a minimum, the plans and specifications for the street improvements must be approved by the review authority prior to final plat approval. Building permits will not be issued until the street improvements are completed and accepted by the city, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. All other subsections of this section shall remain unchanged. Section 18 That Section 38.270.050.A.2. (Acceptance of improvements) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.270.050. Acceptance of improvements. A. Improvements dedicated to the public. … 2. Acceptance of park, water, sewer, and storm drainage, landscape and irrigation improvements. Before any public park, water, sewer, or storm drainage, and landscape and irrigation improvement, whether new or existing, can be accepted into the city system by the city, it must be built to meet or exceed the required standards. Any improvement must meet or exceed standards set by the city, Montana Department of 215 Ordinance 2155 Page 18 of 43 Environmental Quality, and county road office, as appropriate. Improvements must be reviewed and approved by the city and other agency, as applicable. All other subsections of this section shall remain unchanged. Section 19 That Section 38.270.090.A.2. and B.1. (Development or maintenance of common areas and facilities by developer or property owners' association) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.270.090. Development or maintenance of common areas and facilities by developer or property owners' association. A. General. For the purposes of this section, "common areas and facilities" include: … 2. Boulevard strips or street medians in public rights-of-way along external subdivision streets and adjacent to parks or open space; … B. Development. If common areas or facilities will be developed by a developer or a property owners' association, a development plan for the common area or facilities must be submitted with the preliminary plat application or zoning application for review and approval. The development plan must be reviewed and approved by the city prior to the installation of improvements in common areas or the installation of common facilities. An approved park master plan satisfies this requirement. 1. Landscaping and irrigation. When landscaping or irrigation systems will be installed in parkland, boulevard strips or common open space, common areas or facilities the development plan must be accompanied by a landscapeing and irrigation plan that was prepared by a qualified landscaping professional and complies with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. When landscaping or irrigation in common areas or facilities is installed by the subdivider, the subdivider must warrant these improvements against any and all defects for a period of two years from the date of installation of the landscaping and irrigation. When landscaping or irrigation in a park is installed by the subdivider, the subdivider must comply with the parks design standards and warrant these improvements against any and all defects for a period of two years from the date of installation of the landscaping and irrigation. All other subsections of this section shall remain unchanged. 216 Ordinance 2155 Page 19 of 43 Section 20 That Section 38.410.060. (Easements) of the Bozeman Municipal Code be amended to read as follows: Sec. 38.410.060. Easements. … E. Easements for City-owned Irrigation Systems. Easements benefitting city must be provided for irrigation systems and components that will be owned and maintained by the city for use in public rights-of-way and parks that are located on private land pursuant to this section and 38.550.070. E.F. Other easements. Public access easements for streets and trails must be provided in accordance with the provisions of divisions 38.400 and 38.420 of this chapter. All other subsections of this section shall remain unchanged. Section 21 That Section 38.410.080.G. (Grading and drainage) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.410.080. Grading and drainage. … G. All finish grades in landscaped areas must comply with the provisions set forth in section 38.550.050.J.L. All other subsections of this section shall remain unchanged. Section 22 That Section 38.410.100.A.2. (Watercourse setback) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.410.100. Watercourse setback. A. Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate the impacts of the development on the watercourse. This mitigation may not be 217 Ordinance 2155 Page 20 of 43 less restrictive than the requirements of the city floodplain regulations or any other applicable regulation of this chapter. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control. ... 2. Setbacks for developments granted preliminary plan or plat approval on or after July 10, 2002. These provisions apply to all developments granted preliminary plat or plan approval on or after July 10, 2002: … g. If irrigation is to be installed in the setback area, an irrigation plan must be provided per 38.220.100 and the irrigation system must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual g.h. Except as otherwise allowed in subsections 2.e and f of this section, no disturbance of soils and existing vegetation shall occur in any zones. All other subsections of this section shall remain unchanged. Section 23 That Section 38.410.130.D.2. (Water adequacy) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.410.130. Water adequacy. … D. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: … 2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce the estimated annual municipal water demand attributable to the development by one or more of the following methods: … 218 Ordinance 2155 Page 21 of 43 b. Installation of unirrigated, or minimally irrigated, drought resistant or drought tolerant landscaping that is more water conserving than exceeds the minimum requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and Chapter 40.. of division 38.550 of this chapter. c. Installation of high efficiency or water conserving irrigation componentry that exceeds the minimum requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and Chapter 40. of division 38.550 of this chapter. All other subsections of this section shall remain unchanged. Section 24 That Section 38.430.070.B and D. (Phased development) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.430.070. Phased development. … B. In connection with any phased PDZ development, the city may require the applicant execute a development agreement, improvements agreement, or other documentation acceptable to the city ensuring dedication of required parks, open space, or both, and construction of required infrastructure, amenities, landscape, irrigation, or site features. … D. If the nature, design, or location of required parks, open space, infrastructure, amenities, landscape, irrigation, or site features makes it necessary to construct them in a sequence other than in rough proportion to approvals for construction of residential or non-residential structures, the city may require the applicant to construct them in the order and extent necessary to protect the public and ensure practical function. All other subsections of this section shall remain unchanged. Section 25 That Section 38.430.110.A.1. (Amendments to approved planned development zones and general development plans) of the Bozeman Municipal Code shall be amended to read as follows: 219 Ordinance 2155 Page 22 of 43 Sec. 38.430.110. Amendments to approved planned development zones and general development plans. A. Amendments to approved general development plan. After approval of a general development plan, the applicant may request and the director may approve, minor amendments to the general development plan, as described below. 1. Minor amendments. The review authority may approve the following minor amendments to an approved general development plan if the review authority determines that they do not change the character of the neighborhood and do not contain any changes that would increase the amount of deviation/relaxation of the requirements of the reference base zoning districts beyond those in the approved general development plan. Minor amendments must be consistent with the initial approval and may include but are not limited to: … j. A ten percent increase or less for landscape irrigation water requirement. If a reduction in water consumption was relied upon as a public benefit to sustain approval of the planned development zone, any proposed increase in landscape irrigation water use must remain within the eligibility criteria for a sustainable/resilient design pursuant to 38.460.050.C. All other subsections of this section shall remain unchanged. Section 26 That Section 38.440.030.A.2. (Amendments to final plan) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.440.030. Amendments to final plan. A. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: … 2. Minor changes are defined as follows: 220 Ordinance 2155 Page 23 of 43 … h. A ten percent increase or less for landscape irrigation water requirement. i. Modifications to approved landscaping plans and other documents to meet water conservation standards established in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. Section 27 That Section 38.500.020.B.2. (Applicability and compliance) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.500.020. Applicability and compliance. … B. For building additions and remodels, three different thresholds have been established to gauge how the project design standards in this article are applied to such projects. See figure 38.500.020 below for examples of site development and the respective types of improvements required under each of the three levels of improvements. … 2. Level II Improvements include all improvements commenced within a three-year period (based on the date of permit issuance) that increase the building’s area by more than 20 percent, but not greater than 50 percent. All standards that do not involve repositioning the building or reconfiguring site development apply to Level II Improvements. For example, if a property owner of an existing home in the B-2 zoning district wants to convert the home to an office and build an addition equaling 45 percent of the current building’s area, then the following requirements apply: … d. Compliance with the off-street parking, landscaping, signage, and lighting provisions of divisions 38.550-580 that relate to proposed improvements. e. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. 221 Ordinance 2155 Page 24 of 43 Section 28 That Section 38.510.030.F.2. and H.1. (Block frontage standards) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.510.030. Block frontage standards. … F. Internal roadway storefront block frontages. … 2. Standards. Development as set forth in section 38.510.010.B on sites containing the internal roadway storefront block frontage designation must comply with the storefront block frontage standards as set forth above, with the following modifications: Table 38.510.030.F Internal roadway storefront block frontage standards Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Façade transparency At least 50% of ground floor between 30" and 10' above the sidewalk. Landscaping A planting strip with a tree must be integrated along the sidewalk every 50' of lineal frontage on average. and must meet requirements outlined in section 38.550.060. Sidewalk width 12' minimum walking surface (landscape planter areas may not be counted in the sidewalk width calculations). … H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in subsection G above except: 1. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at least ten feet in depth and are encouraged required to meet the landscaping standards of division 38.550. Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility streets entirely within the industrial zone. Land uses with a higher density of employees warrant standard landscaping and pedestrian access provision a. Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility streets entirely within the industrial zone. Land uses 222 Ordinance 2155 Page 25 of 43 with a higher density of employees warrant standard landscaping and pedestrian access provisions. All other subsections of this section shall remain unchanged. Section 29 That Section 38.520.040.D.4.c. (Non-motorized circulation and design) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.520.040. Non-motorized circulation and design. … D. Pathway design. … 4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in length abut parking lots. Such pathways must feature a 12-foot wide sidewalk with: … c. Planting strips may be used between any vehicle access or parking area and the pathway, provided that the trees required above are included and the pathway meets the applicable width standards herein, and the combined pathway and planting strip is at least 12 feet wide. Landscaping and irrigation in planting strips are required to follow standards in 38.550. All other subsections of this section shall remain unchanged. Section 30 That Section 38.520.050.D. (Vehicular circulation and parking) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.520.050. Vehicular circulation and parking. The standards herein supplement the provisions of divisions 38.400 and 540. Where there is a conflict, these provisions apply. … 223 Ordinance 2155 Page 26 of 43 D.Internal roadway design. ... 2.In some instances where traffic speed and volume are low, the review authority mayapprove a street where vehicle, bicycle and pedestrian movement are mixed such as in a "woonerf" or "shared street." Woonerf streets must feature traffic calming and safety measures as well as landscape, irrigation, and amenity features as determinedby the review authority. 3.Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up windows) must comply with the following. a.Drive-through lanes, including waiting and holding lanes, must be separatedfrom public view and internal sidewalks by a planting strip (at least five feetwide with continuous plantings of evergreen shrubs and/or trees that willprovide continuous evergreen screen at least four feet tall at maturity) and/or a masonry wall at least three feet high. Alternative landscaping schemes may be approved provided they include the masonry wall and a substantial vegetativescreen. The landscaping must comply with division 38.5560 All other subsections of this section shall remain unchanged. Section 31 That Section 38.520.060.B.1. (On-site residential and commercial open space) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.520.060. On-site residential and commercial open space. … B.Usable residential open space. 1.All multi-household development, including multi-household portions of mixed-use development, must provide minimum usable open space equal to 100 square feet perdwelling unit for studio and one bedroom dwellings and 150 square feet per dwellingunit for dwellings with two or more bedrooms. All group living developments mustprovide minimum usable open space equal to 37 square feet per person. The requiredopen space may be provided in a combination of ways: … 224 Ordinance 2155 Page 27 of 43 f. All landscaped areas in the above uses must meet the requirements in division 38.550. All other subsections of this section shall remain unchanged. Section 32 That Section 38.540.010.A.3. (General provisions) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.540.010. General provisions. A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and development characteristics influence the need for parking. The purpose of this division 38.540 in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites, such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods (while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas) and enhance the visual environment. The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city. In achieving these purposes this division interacts with the requirements of division 38.550 of this chapter. The design of off-street parking is the responsibility of the developer and must consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter. … 3. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, irrigation, screening, traffic control, etc., must be installed according to the provisions of division 38.270 of this chapter. 225 Ordinance 2155 Page 28 of 43 All other subsections of this section shall remain unchanged. Section 33 That Section 38.540.040.A. (Maintenance of parking areas) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.540.040. Maintenance of parking areas. A. It is the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner the parking space, accessways, striping, landscaping, irrigation, and required fences or screening. All other subsections of this section shall remain unchanged. Section 34 That Section 38.550.010.A. (Purpose and intent) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.010. Purpose and intent. A. The process of development, with its alteration of the natural topography and vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing or accelerating the processes of runoff, erosion and sedimentation. The economic base of the city can and should be protected through the preservation and enhancement of the area's unique natural beauty and environment. Recognizing that the general objectives of this division are to promote and protect the health, safety and welfare of the public, these landscaping regulations are adopted as part of this chapter for the following specific purposes: … 10. To encourageachieve the conservation of water by rewarding requiring the use of low water demand landscaping and efficient irrigation. Section 35 That Section 38.550.020. (Interpretation and scope) of the Bozeman Municipal Code shall be amended to read as follows: 226 Ordinance 2155 Page 29 of 43 Sec. 38.550.020. Applicability Interpretation, implementation, and scope; adoption of Manual. A. The provisions of this division apply to a lot or site when an application is being made for: 1. Site development approval pursuant to division 38.230 of this chapter; 2. Signs pursuant to division 38.560 of this chapter where landscaping is required; or Subdivision development approval pursuant to division 38.240 of this chapter; 3. Planned development zone approval pursuant to division 38.430 of this chapter; 4. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind. For purposes of this subsection A, "restoration" means the act of putting back into a former or original state, only.; 5. Sketch plans as provided in 38.230.070; or 6. Lots or sites within a legacy planned unit development regardless of whether the planned unit development has a previously approved landscape plan. B. Notwithstanding the application of subsection A of this section, the provisions of this division 38.550 do not apply to the following: 1. Lots containing residential uses subject to sketch plan review, except when such lots are subject to sections 38.550.050.A and E, 38.550.070 and 38.550.100; 2. Lots or sites within a planned unit development which has been approved with its own landscape plan. However, these provisions must be used as the basis for determining the landscaping plans for future planned unit developments and such planned unit development landscaping plans must meet or exceed the standards of these landscape regulations; or 3. Lots or sites which are designed, reviewed and approved according to the deviation provisions specified in section 38.550.080. B. The provisions of this division apply regardless of the water source proposed for irrigation. This includes but is not limited to City potable water, groundwater wells, and other non-potable water systems. The application of this division for projects with irrigation systems connected to groundwater wells does not interfere with applicable groundwater permit exceptions in MCA 85-2-306(3). C. The commission may, pursuant to resolution, adopt standards and guidelines to be known as the Landscape and Irrigation Performance and Design Standards Manual to implement the landscape and irrigation regulations of this code. The Manual may include mandatory procedural and substantive components including but not limited to: application requirements; review processes; submittal requirements; authorization for departures and exemptions; methods of calculating landscape water budgets; design plan requirements; enforcement and compliance requirements; required forms; irrigation system 227 Ordinance 2155 Page 30 of 43 performance and design requirements; landscape performance and design requirements; authorized plant materials; mandatory irrigation watering schedules; decision making authority; and other standards and guidelines to implement this code. Any such resolution has the same force and effect as if adopted herein. Section 36 That Section 38.550.030.A. (General landscaping provisions) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.030. General landscapeing and irrigation provisions. A. Landscape and irrigation plans must include the information required by section 38.220.100. All other subsections of this section shall remain unchanged. Section 37 That Section 38.550.040. (Landscape plan review) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.040. Landscape and irrigation plan review. A. The review authority established in division 38.200 must review each landscape and irrigation plan to determine whether or not it complies with the requirements of this divisionsection. B. All landscape plans must comply with the mandatory landscape provisions in section 38.550.050 Section 38 That Section 38.550.050. (Mandatory landscape provisions) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.050. Mandatory landscapeing and irrigation provisions. A. Setback Llandscaping required. For all uses in all districts, unless otherwise provided by specific approval, through design review procedures, all front, side and rear setbacks, and those areas subject to section 38.550.050.E, exclusive of permitted access drives, parking areas and accessory structures, the site must be landscaped as requireddefined in this 228 Ordinance 2155 Page 31 of 43 chapter. All lLandscaped areas and irrigation systems must be perpetually maintained in a healthy and operable condition. 1. For purposes of defining setback landscaping requirements, the terms "setback," "front setback," "side setback" and "rear setback" mean the space between the actual building, parking lot, or other structure (not the building setback line) and the adjacent lot line, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, drive aisles, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. Figure 38.550.050.A.1 is repealed in its entirety. B. Drought tolerant species required A landscape plan must provide 75 percent or greater of the proposed trees and shrubs as drought tolerant species as defined in the latest edition of the Montana Nursery and Landscape Association's Drought Tolerant Plants for the Montana Landscape or on a list adopted by the city of drought tolerant species for purposes of this section. C.B. Parking lot landscaping. … 2. All surface parking lots on the building site must be landscaped in accordance with this subsection C.2. … e. Additionally, any parking lot providing 15 or more parking spaces must have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows: … (6) Internal parking lot landscaped areas are subject to restrictions on the use of overhead spray irrigation. D.C. Screening of off-street loading spaces. … E.D. Street frontage landscaping required. 229 Ordinance 2155 Page 32 of 43 … 5. Landscaping and irrigation must comply with boulevard and street median requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. F.E. Street median island landscaping. All street median islands approved through a plan review process must be landscaped according to requirements determined through the plan review process. comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. G.F. Acceptable landscape materials. 1. Acceptable plant materials are those identified as hardy in Zones 1 through 5a4 based on the United States Department of Agriculture (USDA) Plant Hardiness Zones. The characteristics of the zones are described in The Western Garden Book, Sunset Publishing Corporation as amended. Acceptable plant materials are also outlined in the City of Bozeman Plant List located on the City of Bozeman website, which includes USDA zone hardiness information. Alternatives may be considered upon a case-by-case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species are limited to those approved by the city forestry division. 2. Landscape materials must not exceed water use requirements outlined in the prescriptive and performance-based landscape design approval pathways included in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 3. Adequate soil depth and quality must be installed as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 2.4. No artificial plant materials may be used to satisfy the requirements of this division 38.550. 3.5. Plant materials used to satisfy the requirements of this division 38.550 must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species): … 4.6. For purposes of subsection G.3 H.5. of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. H.G. Protection of landscape areas. … 230 Ordinance 2155 Page 33 of 43 I.H. Irrigation standards. 1. Irrigation is required toPermanent irrigation systems must be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure., a. The review authority may allow areas planted with drought-adapted vegetation that only require irrigation for germination and plant establishment purposes to be irrigated with a temporary irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. b. The use of hose bibs on the exterior of existing or proposed structures may be used for irrigating landscaped areas adjacent to the existing or proposed structure. c. All other landscaped areas, that do not fall within a or b above, must include a permanent irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 2. All irrigation systems and landscaped areas must be designed, constructed, operated and maintained in accordance with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas. J.K. Required use of trees with residential adjacency. All landscape plans must include, for each setback with a residential adjacency, at least one canopy or non-canopy tree for each 50 lineal feet of the adjacent area. K.L. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all trees and other large vegetation may planted no closer than the minimum distance specified in the city design standards and specifications policy. When the city verifies it is not possible to meet minimum separation distance from utilities and no other arrangement can be approved, such tree or large vegetation is not required. L.M. Maximum allowable slope or grade. … 4. All landscapinged installed on slopes areas to be finished in grass that meet or exceed a maximum allowable slope of 25 percent grade must include adequate erosion control measures to ensure the slope is stabilized. be installed as turf sod, or hydro-seed. If hydro-seed, groundcovers, or bunchgrasses areis utilized, additional erosion control fabric (i.e., matting or blanket or equivalent thereof) must be provided to ensure a 231 Ordinance 2155 Page 34 of 43 stable slope for a minimum of one calendar year while the vegetation becomes established. M.N. Legacy planned unit development open spaces. Legacy planned unit development non-site-specific open space plans must meet or exceed the standards of these landscaping regulations. For each 5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of 25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1 from each column A and B unless the review authority grants a relaxation. When the preceding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number. All other subsections of this section shall remain unchanged. Section 39 That Section 38.550.060. (Reserved) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.060. Reserved.Landscape and Irrigation Performance and Design Standards. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual is required pursuant to this division and chapter 40, article 2 of this code. The City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and associated resources are available with the Water Conservation Division. Section 40 That Section 38.550.070.A and B. (Landscaping of public lands) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.070. Landscaping and irrigation of public lands. A. City rights-of-way, open space and parks. 1. General. … b. Drought tolerant landscaping must be planted in open space, parks and city rights-of-way, unless otherwise approved by the city. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual is required. 232 Ordinance 2155 Page 35 of 43 2. Streets, open space, and parks. The developer must at the time of initial development install drought tolerant landscaping, boulevard trees and an irrigation system when required in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas. a. Prior to installing landscaping in these areas, the developer must submit a landscapeing and irrigation plan to the city for review and approval. The landscapeing and irrigation plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. … e. Irrigation systems owned and maintained by the city for use in public rights-of-way and parks must be discrete and separate systems from those used to irrigate open space areas and privately owned lots. (1) Easements must be provided for irrigation systems and components owned and maintained by the city that are located on private land pursuant to this section and Sec. 38.410.060. f. Landscaping and irrigation must comply with boulevard and street median requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 3. Adjacent to individual lots. When individual parcels are developed, the individual property owners' must install landscaping and street trees within the city rights-of-way boulevard strips adjacent to their property and provide irrigation in compliance with section 38.550.050.E.1. a. When individual parcels are developed, the individual property owners must install landscaping and street trees within the city rights-of-way boulevard strips adjacent to their property and provide irrigation in compliance with section 38.550.050.D.1. b. Landscaping and irrigation must comply with boulevard and street median requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. B. Maintenance responsibility. All other subsections of this section shall remain unchanged. Section 41 That Section 38.550.080. (Departure from landscaping requirements) of the Bozeman Municipal Code shall be amended to read as follows: 233 Ordinance 2155 Page 36 of 43 Sec. 38.550.080. Departure from landscapeing and irrigation requirements. … C. Departure criteria that support city water use efficiency goals are outlined in detail in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. All other subsections of this section shall remain unchanged. Section 42 That Section 38.550.090. (Landscaping completion) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.090. Landscapeing and irrigation completion. All Llandscaping and irrigation must be completed or secured in accordance with the provisions of division 38.270 of this chapter. The applicant must demonstrate satisfactory establishment of all seeded areas or guarantee establishment for a minimum two year period following occupancy. Section 43 That Section 38.550.100.B. (General maintenance) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.550.100. General maintenance. … B. Any damage to utility lines, resulting from the negligence of the property owner or the owner's agents or employees in the installation and maintenance of required landscaping or irrigation in a utility easement, is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it must make every reasonable effort to preserve the landscaping materials and irrigation system and return them to their prior locations and operations after the utility work. If, nonetheless, some plant materials die, or irrigation system components are irrevocably damaged, it is the obligation of the property owner to replace the plant materials and irrigation system components. All other subsections of this section shall remain unchanged. Section 44 234 Ordinance 2155 Page 37 of 43 That Section 38.700.080. (G definitions) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 38.700.080. G definitions. … Groundcover. Low growing, perennial species that create a mat of continuous cover over the ground, which makes it difficult for weeds to establish in the landscape. Natural mulch or plants of species which normally reach a height of less than two feet upon maturity, installed in such a manner so as to form a continuous cover over the ground. All other definitions in this section shall remain unchanged. Section 45 That Section 38.700.100. (I definitions) of the Bozeman Municipal Code shall be amended to add the following definition: Irrigation. Supplemental water that is artificially applied to an area for the purpose of fostering plant growth and health. Section 46 That Section 38.700.100. (L definitions) of the Bozeman Municipal Code shall be amended to read as follows: Landscaped area. The area of a lot where landscaping has been or is proposed to be installed. It also includes landscape design elements such as rock mulch and wood mulch. It does not include footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers. Landscaping. At least 75 percent coverage of aAn area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or rooting groundcovers, seed mixes, or other living plants. natural grass, vegetative groundcover or other natural living plant materials, the remainder of which is covered with non-vegatative decorative landscape design elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For purposes of this chapter, the term landscaping is considered to have the same meaning as the terms "landscape," "landscaped" and "landscaped area." All other definitions in this section shall remain unchanged. 235 Ordinance 2155 Page 38 of 43 Section 47 That Section 38.700.180. (T definitions) of the Bozeman Municipal Code shall be amended to read as follows: Temporary irrigation. A temporary watering system designed to transport and distribute water to landscape plants for a limited period, primarily used during the establishment period, after which time the irrigation is terminated or abandoned. … Turfgrass or turf. A relatively high water use ground cover surface of grass and the surface layer of earth held together by its roots, including but not limited to cool season lawn grasses. All other definitions in this section shall remain unchanged. Section 48 That Section 40.02.300.B. (Provisions adopted; regulations a part of service contracts) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 40.02.300. Provisions adopted; regulations a part of service contracts. … B.These rules and regulations of the city pertaining to its waterworks system, includinglandscaping and irrigation, as required by chapter 38, article 5, division 550, and as provided for in this article, outdoor water use restrictions, and drought contingency response, are made a part of the contract with every individual, firm or corporation whotakes water, and every such individual, firm or corporation agrees, in making application forwater, to be bound thereby. The following rules and regulations set out in this division areadopted by the city. All other subsections of this section shall remain unchanged. Section 49 That Section 40.02.890. (Maintenance; customer responsibility; wasting water prohibited) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 40.02.890. Maintenance; customer responsibility; wasting water prohibited. 236 Ordinance 2155 Page 39 of 43 Waste of water is prohibited, and customers must keep their fixtures and, interior pipes, and irrigation system in good order at their own expense, and all waterways closed when not in use. Leaky fixtures, interior pipes, and irrigation systems must be repaired at once without waiting for notice from the city, and if not repaired within five days after written notice is given, water service may be discontinued until such time as the leak is repaired. Section 50 That Section 40.02.950. (Violation of irrigation or sprinkling rules; penalty) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 40.02.950. Violation of irrigation or sprinkling rules; penalty. At such time when the utility, through its agents, employees or representatives, determines that a customer is in violation of the utility's city’s regulations in regard to sprinkling or irrigation or landscaping, the utility city shall deliver to such customer a copy of the notice of the violation hours and days of sprinkling and irrigating, and shall advise the customer that such customer is in violation of the rule city’s regulations. If the customer is found in violation of the rule regulation on more than one occasion in any one irrigation or sprinkling season, the customer will be notified by certified mail, with return receipt, that another violation will result in discontinuance of service or the installation of a meter. Section 51 That Section 40.02.960. (Violation of division provisions; disconnection of service required when) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 40.02.960. Violation of division provisions; disconnection of service required when. For violation of any of these regulations, including landscaping and irrigation, as required by chapter 38 article 5 division 550, and as provided for in this article, outdoor water use restrictions, and drought contingency response, or for nonpayment of water charges, as provided in the utility's city’s schedule of rates and charges currently on file with the city, the utility city has the right to disconnect water service following ten days' written notice to the customer. After service has been discontinued, the same shall not be reinstated until all delinquent charges are paid. Costs of all disconnects and/or subsequent reconnects shall be borne by the customer. Section 52 That Section 40.02.1100.B. - 40.02.1100.C. (Rules and regulations adopted; part of contract with customer) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 40.02.1100. Rules and regulations adopted; part of contract with customer. 237 Ordinance 2155 Page 40 of 43 … B.These rules and regulations of the city, pertaining to its waterworks system are made a part of the contract with every individual, firm or corporation who takes water. The followingrules and regulations are adopted by the city: … 3.Waste of water is prohibited, and consumers must keep their fixtures and, servicepipes, and irrigation system in good order at their own expense, and all waterwaysclosed when not in use. Leaky fixtures, service pipes, and irrigation systems must berepaired at once without waiting for notice from the city and if not repaired after reasonable notice is given, the water will be shut off by the city. … 9.Permits for lawn sprinkling during each current year must be secured at the office ofthe city clerk, and payment made at the time of securing such permit, as the supply to any premises, using a hose without a permit, will be shut off without warning. Lawnsprinklers will only be permitted where water is carried into the house also. 10.9. The city's officers or other authorized person shall have access at reasonable hours to enter any premises where water is used, for the purpose of making inspection or investigation. 11.10. For violation of any of these rules or for nonpayment of water rent, for either domestic, sprinkling irrigation, or other purposes, the city has the right to turn off the water without further notice, and after it has been turned off from any service pipe on account of nonpayment or violation of rules, the same shall not be turned on again until back rents are paid, together with the cost incurred thereby, amounting to $1.00. 12.11.Applicability of flat rate and meter rate rules. … C.Flat-rate service. 1.The flat-rate will cover the use of water for domestic use, irrigation lawn sprinkling,and any other purposes enumerated on the rate sheet covering flat-rate services. Thecity agrees to furnish water for certain specified uses for a certain specified sum. If, therefore, a consumer furnishes other people with water without permission from the city, or uses it for other purposes than those the customer is paying for, it is aviolation of the consumer’s contract and the consumer offending, after reasonablenotice, may have the consumer’s water shut off and service discontinued until suchtime as the additional service furnished has been paid for, together with the actual additional expense incurred in shutting off and turning on water, not to exceed $1.00. 238 Ordinance 2155 Page 41 of 43 … 5.Should it be desired to discontinue the use of water for any special purpose, whether for bathtubs, closets, irrigation lawn sprinklers, hose connections, or other fixtures, thefaucet must be removed, the branch pipe plugged, and notice given the city at the cityclerk’s office before any reduction of rates will be made. All other subsections of this section shall remain unchanged. Section 53 That Section 40.02.1250. (Findings) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 40.02.1250. Findings. … E.Landscaping of real property within the city is the most consumptive use of water of thecity’s municipal water supply. The city has adopted regulations applicable to development to ensure the efficient use of water for landscape irrigation. To this end, the city has adopted a Landscape and Irrigation Performance and Design Standards Manual and compliance with said Manual is critical to maintaining a reliable water supply during periods of water supply shortages. All other subsections of this section shall remain unchanged. Section 54 That Section 40.02.1280. (Application of division) of the Bozeman Municipal Code shall be amended to read as follows: Sec. 40.02.1280. Application of division. … C. This division must be interpreted in coordination with chapter 38, article 5, division 550. Section 55 That Section 40.02.1340. (Enforcement) of the Bozeman Municipal Code shall be amended to read as follows: 239 Ordinance 2155 Page 42 of 43 Sec. 40.02.1340. Enforcement. A.Police and code enforcement officers to enforce. Every police officer or code enforcement officer of the city shall, in connection with the duties imposed by law, diligently enforce theprovisions of this division. All other subsections of this section shall remain unchanged. Section 56 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 57 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 58 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 59 Codification. This Ordinance shall be codified as indicated in Section 2 – 55. Section 60 Effective Date. This ordinance shall be in full force and effect June 15th, 2024. 240 Ordinance 2155 Page 43 of 43 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 23rd day of April, 2024. ____________________________________ TERRY 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 June, 15th, 2024. _________________________________ TERRY CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 241 Memorandum REPORT TO:City Commission FROM:Emily Cope, Economic Development Director, Downtown Bozeman Partnership SUBJECT:Downtown Business Improvement District Fiscal Year (FY) 2025 Work Plan and Budget, FY24 Annual Report MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve to approve the Downtown Business Improvement District Fiscal Year 2025 Work Plan and Budget. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND: The Downtown Bozeman Partnership administers the Downtown Business Improvement District (BID) on behalf of the City of Bozeman. The Downtown BID Board, as appointed by the City Commission, directs the programs, projects and initiatives of the Downtown BID. MCA 7-12-1131 guides the programs, projects and initiatives of the Downtown BID. The Downtown BID Board approved the Downtown BID FY2025 work plan and budget at their monthly public board meeting on April 17, 2024. The Fiscal Year 2024 Annual Report is attached. UNRESOLVED ISSUES:N/A. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS: The Downtown BID is funded by the special assessments collected from property owners within the district. The BID assessment for FY2025 will be $260,000 as approved by the board at the April 17, 2024 board meeting. The estimated assessment rate is estimated to be $0.018736. Attachments: FY2025 BID Work Plan and Budget.pdf 242 FY2024 BID Annual Report.pdf Report compiled on: April 30, 2024 243 Downtown Business Improvement District FY2025 BID Work Plan and Budget BID Mission Statement The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short- term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place. BID Assessment Programs The following programs are funded by the special assessments collected from property owners within the Downtown Business Improvement District. The BID assessment for FY2025 will be $260,000. The BID will also receive approximately $52,000 in additional revenue from sponsorships and maintenance contracts. Downtown Bozeman Partnership ($75,000) The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown Partnership office located at 222 East Main Street. Downtown Bozeman Association ($27,500) The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more. Summer Flowers ($32,400) This summer, the remaining 154 wrought-iron baskets on Main Street will be swapped with the Earth Planter baskets bringing the total to 318 flower baskets. The Earth Planter baskets provide improved plant growth by regulating water delivery based on soil conditions while reducing labor costs, fuel and water usage. The baskets only need to be watered two to three times per week rather than seven days a week. These flower baskets are hung throughout downtown from June through September. This amount covers the planting cost. The BID spent capital reserves in FY24 to purchase the remaining Earth Planter baskets. 244 Holiday Lighting ($21,075) The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday “spider” decorations above four downtown intersections. The green decoration was replaced in 2022, the red in 2023, gold in 2024 and white in 2025. The BID board will earmark reserve funds for the spider replacements, new garland and bows. Maintenance Program ($109,900) The BID hires maintenance employees for winter and summer seasons. Primary tasks performed by the BID maintenance staff includes garbage collection, flower watering, tree watering, Soroptomist Park upkeep, installation of the streetlamp banners, maintenance of pedestrian benches, graffiti removal, and garage cleaning. The BID maintenance staff removed over 4,000 bags of garbage and recycling during the past year from over 100 receptacles. Downtown Safety Program ($5,000) For the last few years, the BID has partnered with HRDC to support programming available to individuals and families experiencing homelessness. The board would like to begin planning alongside the Bozeman Police Department for a dedicated downtown resource officer as the needs of the downtown community shift. This will take several years to establish and would eventually be a split salary funding by downtown and BPD. Graffiti Removal Program ($7,500) The BID offers a comprehensive graffiti removal program. Since 2009, this program has removed over 4,000 graffiti tags. The BID maintenance staff removes tags from public property and works with property owners to clean private buildings of graffiti. The BID partners with Clean Slate Group to remove tags that they are unable to remove. The BID will continue to actively remove new tags as quickly as possible considering immediate removal has proven to be the most effective deterrent. 245 Downtown Banners ($4,000) The BID purchases, installs and maintains the DTNBZN light pole banners. Seasonally the BID installs banners for MSU, Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea, SLAM, BYEP, Bozeman Health, BridgerCare, Greater Yellowstone Coalition and more. Downtown Marketing ($2,500) The BID contributes to the general marketing of downtown Bozeman. These funds are made available to the Downtown Partnership which places advertisements in ten to twelve local, regional and state-wide publications. Vehicle Maintenance ($10,450) The BID owns and maintains a maintenance truck and two mules/ATVs. This expense covers fuel, insurance, repairs and tires as needed. Maintenance Supplies ($7,500) The BID purchases a wide variety of maintenance supplies for various programs, including trash bags. Program Contingency ($6,000) The BID was renewed in 2020 and will be up for renewal again in 2030. The BID board has prioritized spending money on capital improvements for the BID programs such as flower baskets and holiday decorations. The board would like to strategically plan for what the BID owners need and want in the coming years as the needs of downtown morph. This money will be spent to conduct outreach, polling and research to do this. 246 FY2025 Budget Income BID Assessment 260,000$ Contract Income 25,000$ Interest Income 100$ Mobile Vending Fees 1,500$ Flower Sponsorships 9,500$ Christmas Light Sponsorships 3,500$ Streetlamp Banners 12,500$ Total Income 312,100$ Expenses Management Fee 75,000$ Total Expenses 75,000$ Payroll Expenses Maintenance Staff 75,000$ Taxes 5,500$ Work Comp 3,500$ Maintenance Staff--Garage 24,000$ Taxes 950$ Work Comp 950$ Total Payroll Expenses 109,900$ Programs Downtown Safety Program 5,000$ Downtown Bozeman Association (DBA) Support 27,500$ Holiday Lights - Reserve Fund 15,000$ Holiday Lights 2,500$ Holiday Light Spider Repair 2,000$ Hoiday Decor Storage 1,575$ New Banners 4,000$ Flower Expenses 32,000$ Flower Water 400$ Tree Purchases -$ Marketing 2,500$ Maintenance Supplies 4,500$ Garbage Bags 3,000$ Graffiti Supplies 1,000$ Graffiti Contracted Removal 6,500$ Mule Service & Fuel 1,850$ Truck Service & Fuel 2,600$ Vehicle Insurance 6,000$ Program Contingency 6,000$ Total Program Expenses 123,925$ Total BID Expenses 308,825$ NET ASSESSMENT INCOME 3,275$ 247 Downtown Business Improvement District FY2024 BID Annual Report Highlights of investments over $15,000 are documented below. Maintenance Program ($62,151) Primary tasks performed by the BID maintenance staff includes garbage collection, flower watering, tree watering, Soroptomist Park upkeep, installation of the streetlamp banners, maintenance of pedestrian benches, graffiti removal, and limited snow removal. The BID maintenance staff removed over 4,000 bags of garbage and recycling during the past year from over 100 receptacles. Downtown Bozeman Partnership ($67,500) The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown Partnership office located at 222 East Main Street. Summer Flowers ($31,196) The BID purchases, installs and maintains 300+ hanging baskets of Super-Petunias. In summer of 2023, 120 Earth Planter self-watering baskets replaced the wrought-iron baskets on the side streets of downtown. These flower baskets are hung throughout downtown from June through September. Downtown Bozeman Association ($27,000) The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more. Holiday Lighting ($15,000) The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday “spider” decorations above four downtown intersections. Expenditures compiled on April 30, 2024. 248 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership SUBJECT:Downtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve to approve the Downtown Urban Renewal District Fiscal Year 2025 Work Plan and Budget and estimated Fiscal Year 2026 Budget. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND: The Downtown Bozeman Partnership administers the Downtown Urban Renewal District on behalf of the City of Bozeman. The Downtown Urban Renewal District Board, as appointed by the Mayor and City Commission, directs the programs, projects and initiatives of the Downtown URD. The 1995 Downtown Urban Renewal Plan and 2019 Downtown Bozeman Improvement Plan, as adopted by the City Commission, guides the programs, projects and initiatives of the Downtown URD. The Downtown URD Board took formal action to approve the FY2025 work plan and budget and estimated FY2026 budget at their monthly public board meeting on April 16, 2024. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS: The Downtown URD anticipates an FY24 year-end balance of $6.1 million and FY24 revenues are projected to be $2.3 million which totals just under $8.5 million of funding available for FY25. The proposed FY25 expenditures along with encumbered and allocated funds, total $8.4 million with an estimated FY25 year-end balance of $81,500. The following work plan and 249 budget outline these projects and projected expenses. The estimated FY26 Budget is also provided for review and has been approved by the Downtown URD Board. Attachments: FY2025 URD Work Plan-Budget_CC_wBudget.pdf Report compiled on: April 30, 2024 250 Downtown Urban Renewal District FY2025 Work Plan and Budget Downtown URD Mission Statement The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and diversity of the Gallatin Valley as its social and cultural center. In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes: 1. Bozeman’s historical character as a “working” downtown shall be maintained. 2. Traffic movement and access shall be designed with the emphasis on the downtown as a designation rather than improving the flow of through traffic. 3. The facilitation of private/public partnerships is encouraged in the implementation of the Plan. 4. Objectives shall be accomplished by incentives whenever possible. 5. Private property rights will be respected. 6. Administrative practices shall be conducted in a constructive manner which fosters cooperation. 7. This Plan is further detailed, refined, prioritized and implemented by the “Downtown Improvement Plan” which outlines specific programs and projects consistent with the Urban Renewal Plan. The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving Bozeman’s historic downtown. The Urban Renewal Study Committee considered the first three principles more important than the next three with the last three the least important. However, the Committee deemed all nine principles to be vital to achieving the vision for downtown. Key implementation actions were identified for each principle (may apply to multiple principles but are only listed once below). 1. Strengthen downtown’s economic vitality 2. Improve the safety, security and health of the district 3. The image of downtown shall be continuously improved 4. Downtown’s accessibility shall be improved 5. “Community Partnership” is fundamental to downtown’s success 6. Downtown’s diversity shall be facilitated 7. The cost of projects and programs shall be weighed against their benefits 8. Downtown shall become more user friendly 9. Cultural activities shall be nurtured and expanded downtown Downtown URD FY25 Programs, Projects and Initiatives The Downtown URD anticipates an FY24 year-end balance of $6.1 million and FY24 revenues are projected to be $2.3 million which totals just under $8.5 million of funding available for FY25. The proposed FY25 expenditures along with encumbered and allocated funds, total $8.4 million with an estimated FY25 year-end balance of $81,500. The following work plan and budget outline these projects and projected expenses. Ongoing DBP/City of Bozeman Operational Support: 251 Downtown Bozeman Partnership (DBP) Management Fee (FY25 $236,000) An estimated 7% increase in FY25. The DBP continues to see rises in health care premiums, energy bills and overall operational costs. As an organization, we continue to operate on tight margins and assume stewardship over downtown designated funds to ensure high-level staff support while also providing stable organizational support through the DBP. City of Bozeman Economic Development Staff Support (FY25 - $64,300) This expense helps fund a portion of payroll expenses for City of Bozeman staffing support. Over this past year, specifically, we have worked collaboratively to establish our city staffing support to be utilized to the fullest as seen through continued TIF state policy support and improvement agreement assistance. As anticipated, we will see a small increase in this cost, based on increases to city staff salaries and benefits. Current Encumbered Projects and Programs: Soroptimist Park/North Black Pocket Park Planning & Ongoing Improvements (FY25 - $60,000) In FY24, we re-allocated funds to complete the needed infrastructure work at the North Black Pocket Park, while making minor improvements to Soroptimist Park, like enhanced pedestrian access, additional fencing and tree trimming. Into FY25, I am proposing partnering with the City Parks Department to focus on a future redevelopment project at Soroptimist Park, with potential construction in FY26. Alley Improvement Project & Planning (FY25 - $75,000) The Alley Improvement Project is in the construction phase and slated to be complete by early FY25 with the majority of allocated funds to complete one full alley to be paid within FY24 or encumbered into the early part of FY25. The DURD has decided to review the benefits of this project into FY25, with some additional funds to complete or enhance the current project and begin planning for the next, with hopes to complete another full alley project in FY27. Tree Replacement Project (FY25 - $50,000) These funds have been reallocated into a separate line item based on increased needs over the past two years. Between 2022 and 2023, the City Forestry Department removed 16 trees with more slated now and into the future. With city staffing issues and an average annual tree replacement plan of 3-4 trees, the DURD assisted in the infrastructure needs. In FY2024, the DURD removed and replaced 5 difficult trees under the “Streetscape Improvement” category and hope to continue to allocate funds more specifically until we can collectively catch up on this issue. Workforce Housing Project – Fire Station One (FY23-FY27 - Encumbered $1,600,000) This is an encumbered expense approved for a project with 50 units of work force housing to be sold at 120% AMI. The $1.6 million approved for this project will be reimbursed at the certificate of occupancy and when all of the project conditions have been met. The property owner has 5 years from May 2023 to complete the work in order to be reimbursed these funds. On-going Programs & Projects in FY25: 252 Wayfinding and Parking Signage Project – Planning/Infrastructure (FY24 - $40,000, FY25 - $50,000) This ranked as a top project on the URD board prioritization exercise to expand and clarify what amenities and parking are available. After putting this project on hold through FY23 and FY24, there is a renewed interest in completing this project, potentially with State Grant funding assistance. Bozeman Creek (FY25 Planning for Proposed Master Plan - $20,000) Montana Coal Endowment Grant submitted by #SeeBozemanCreek working group for preliminary engineering work and flood plain updates to look at flood plan mitigation within downtown. Bozeman City Commission has listed Bozeman Creek as a FY25 priority (to be adopted). The DURD board would like to continue supporting planning efforts aimed specifically at flood mitigation and safety improvements with the DURD district. Alternative Transportation Projects/Planning (FY25 Improvements - $50,000) We continue to focus on pedestrian safety and downtown access along Mendenhall and Babcock. We are currently developing a scope with short and long-term attainable solutions with the City Public Works and Engineering departments. We hope to implement some safety improvements in FY25 like bright signage, increased pedestrian safety features and more. If the Black Avenue bike lane project gets going again, there is potential to support that project within our district. Streetscape Design and Engineering Planning (FY25 $35,000) • Streetscape Design Standard – Complete and utilize for future projects for consistency and compliance. Set to be completed in late FY24, utilized for upcoming projects in FY25. • Streetscape Side-Street Preliminary Engineering - Update and continue planning to extend the streetscape to non-completed sections of Main Street, Babcock, and Mendenhall. and along side-streets, The goal is to establish “opportunity locations” (ex. North Wilson, South Wallace, West Main to 5th or 7th) and establish “Streetscape Assistance Grant” funding capacity for future planning and infrastructure completion. Allocated Parking Funds in FY25: Parking Supply, Management Planning and Data Collection – (FY25 - $4,770,000) • Management Planning and Data Collection There continues to be concerns and questions surrounding a future management plan for downtown parking. Consistent data collection for informed decision making continues to be a priority of the DURD board. We hope to collect and utilize data in FY25 to assist in decisions made and potential future parking funding assistance. • Structured Parking Site Plan, Bids - Planning Allocated funds to support future parking supply infrastructure planning costs • Parking Supply – Parking supply and Infrastructure has been a DURD priority for many years, established in both downtown plans and outlined in Resolution 1409. The current Downtown URD Board continues to allocate funds to add to future parking supply through. Downtown URD Grant Opportunities in FY25: 253 URD Grant Programs – The URD grants have been updated to reflect current code updates and can now be completed online. Continued revisions and updates have bene made to make grants relevant. A more aggressive approach to advertise the grants has been done with great results. • Streetscape Assistance (FY25 - $100,000) ▪ Knowing the DURD cannot fund all streetscape improvements in the district, there is interest in increasing the availability for redevelopments, where funding can assist in the completion of streetscape and sidewalk improvements. • Fiber Infrastructure Grant (FY25 - $10,000) ▪ No big changes needed, continue to be used and generally see up to 5 applicants/yr. • Life-safety Grant (FY25 - $30,000) ▪ Great investment but only for larger re-development projects, assume 2-3 per/yr. at $10K/ea. • Technical Assistance Grant (FY25 - $50,000) ▪ Add Art/Social Infrastructure Grant ▪ Add CPTED (Crime Prevention through Environmental Design) Grants – lighting, cameras, landscape improvements • Residential Incentive Program (FY25 - $200,000) ▪ One applicant in FY24, 5th and Main 6-story residential project, likely to be reimbursed in FY25. With several new housing projects slated in our district in the coming years, keeping these funds available can assist with smaller, more affordable units. o Art Enhancement/CPTED Grant (NEW in FY25 - $20,000) ▪ As safety and beautification continue to be a priority for urbans districts and Bozeman specifically, we would like to make funds available to private developers and property owners to enhance public portions of their properties through art and safety elements. We have seen success in these funding programs across the state and would like to explore the concept in Downtown Bozeman through FY25. Format of application and distribution of funds TBD. Downtown URD FY25/FY26 Budget: Category FY25 DRAFT Budget FY26 DRAFT Budget Income Starting Cash Balance $6,061,900 $91,500 Income from TIF COB Interlocal Share $2,362,500 $2,598,800 Entitlement Share State of Montana $57,100 $57,100 Interest Income $2,100 $2,100 Other Income Total Income $8,483,600 $2,749,500 Expenses Operations DBP Management Fee $236,000 $251,000 254 City Administrative Costs/Support $61,100 $64,300 Total Operations $297,100 $315,300 Infrastructure Improvements Park Improvements (Soroptimist/NBPP) $10,000 $250,000 Alley Improvements $50,000 $0 Utility Infrastructure Improvements $350,000 $400,000 Wayfinding & Parking Signage $15,000 $20,000 Bozeman Creek Improvements $0 $10,000 Alternative Transportation Projects $40,000 $25,000 Tree Replacement Project (Streetscape Imp. in FY24) $50,000 $50,000 Street Furniture/Streetscape Improvements & Furniture $25,000 $25,000 Intersection Cable Anchor Repairs $10,000 $10,000 Parklet Infrastructure $20,000 $0 Streetlamp Power Reconfiguration Project (SILD) $100,000 $0 Streetscape Assistance Grant Program $50,000 $100,000 Life-Safety Grant Program $30,000 $30,000 Fiber-Broadband Infrastructure Grants $10,000 $10,000 Art Enhancement/CPTED Grant Program $20,000 $20,000 Housing Assistance Residential Incentive Grant Program $200,000 $200,000 Workforce Housing Project - Fire Station One $1,600,000 Total Improvements $2,580,000 $1,150,000 Planning Park Improvement Planning (Soroptimist/NBPP) $50,000 $0 Alley Planning $25,000 $10,000 Utility Infrastructure Improvement Planning $50,000 $50,000 Wayfinding Plan Development $35,000 $10,000 Bozeman Creek Planning $20,000 $10,000 Alternative Transportation Planning $10,000 $25,000 Downtown Streetscape Design Standards $10,000 $10,000 Side-Streetscape Preliminary Engineering $25,000 $50,000 Parklet Planning/Program $10,000 $20,000 DBIP General Implementation $50,000 $50,000 Professional Services Term Contract $75,000 $75,000 Code Amendments $0 $0 Downtown Infrastructure & Public Realm Plan $0 $0 Technical Assistance Grant Program $50,000 $50,000 Parking - Designated Funds Parking Supply, Management Planning, and Data Collection $4,770,000 $20,000 Parking Supply, Site Plans and Data Collection 255 Parking Supply - Designated Funds Total Planning/Parking $5,180,000 $380,000 Parking Structure Garage Bond Payment $335,000 $335,000 Total Parking Garage Payments $335,000 $335,000 Total Expenses $8,392,100 $2,180,300 Balance $91,500 $569,200 The FY2025/FY2026 Downtown Urban Renewal District Work Plan and Budget was unanimously approved by the URD Board on April 16, 2024. Prepared and submitted by: Ellie Staley, Executive Director Downtown Bozeman Partnership 222 East Main Street #302 Bozeman MT 59715 ellie@downtownbozeman.org 406-586-4008 256 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve the Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget as submitted. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see the attached Midtown Urban Renewal District Work Plan and Budget for Fiscal Year 2025. The Montana Urban Renewal Law requires the governing body to annually adopt a Work Plan and Budget for each district. Since the City Commission is undertaking biennial budgeting the staff, will still present a work plan and budget annually to maintain compliance with the law. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the Midtown Urban Renewal District is $3,327,600 in appropriation. The recommended budget for the biennium FY 25-26 is $6,666,100 in appropriations. Attachments: Midtown 2025 Biennium Budget.pdf Fiscal Year 2025 Midtown Work Plan and Budget and Annual Report 041624 jd.docx Report compiled on: May 3, 2024 257 Midtown TIFD Budget Unit (All)- Approp - FY24 Budget Midtown TIFD Row Labels Sum of FY23 Actual Sum of FY24 Budget Sum of FY24 Actual Sum of FY24 Projected Sum of FY25 Budget Sum of FY26 Budget Sum of 2024- 2026 Biennium Beginning Working Capital - (2,979,300) - (2,975,100) (2,209,500) (2,209,500) Revenue (1,766,515) (2,066,800) (1,518,753) (2,132,500) (2,172,500) (2,281,100) (4,453,600) Salaries & Benefits 89,559 92,800 69,254 92,800 100,000 105,800 205,800 Operations & Maintenance 73,102 2,073,100 2,024,905 2,140,100 2,816,900 2,817,000 5,633,900 Capital Outlay 131,766 725,000 8,536 10,000 - Transfers Out 409,950 655,200 243,877 655,200 410,600 412,800 823,400 Grand Total (1,062,138) (1,500,000) 827,819 (2,209,500) (1,054,500) 1,054,500 - 258 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 1 of 9 MIDTOWN URBAN RENEWAL DISTRICT FY2024 ANNUAL REPORT FY2025 WORK PLAN AND BUDGET FY2026 WORK PLAN AND BUDGET The City Commission passed Ordinance No. 1685, “Adopting an Urban Renewal Plan for the North Seventh Avenue Corridor and Adjacent Properties”, on November 27, 2006. On December 16, 2015, the City Commission passed Ordinance No. 1925, which adopted a new urban renewal plan, expanded the boundaries of the original district, and renamed the North Seventh Urban Renewal District the Bozeman Midtown Urban Renewal District. The 2015 Midtown Urban Renewal Plan provides for the remediation of blighted conditions within the urban renewal area by advancing five broad goals through a series of implementing activities and strategies. The five goals include the following items: 1. Promote Economic Development Rationale: Economic vitality strengthens the community, provides for physical needs of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to blight. 2. Improve Multimodal Transportation Rationale: Increasing travel options supports public health, reduces resource demand, increases efficiency and reduces costs, improving the quality of life and making the community a better place to live and work, helping to eliminate conditions that contribute to blight. 3. Improve, Maintain and Support Innovation Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Therefore, capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. 4. Promote Unified, Human Scale Urban Design Rationale: Protecting and building upon existing physical assets increases vitality, desirability and leverages economic development, strengthening community values and mutual support helping to eliminate the conditions that contribute to blight. 5. Support Compatible Urban Density Mixed Land Uses Rationale: A sense of place is strengthened by a strong core identity. Increasing live-work opportunities and community interaction, ensures that the North 7th Avenue area remains a great place to live, work, operate a business, and play, and helps to eliminate conditions that contribute to blight. 259 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 2 of 9 The City Commission approved the Midtown Action Plan in 2017, which charted a new direction in pairing infrastructure spending and blight remediation with proposed private investment. The intent of the Action Plan is to, “attract targeted private investment by leveraging the market potential of the Midtown District and removing barriers to redevelopment through strategic infrastructure investments and incentives.” The Annual Report and the recommended Work Plan and Budget reflect this specific strategy and approach to using private investment to propel blight remediation and urban renewal. The Midtown Action Plan proposes targeting future development that includes the following elements: Infill.The intent of urban renewal is to remove blight to improve an area for the entire community benefit. Remodeling of existing structures or infill of underutilized lots is the priority of this Plan. As discussed, infill development is more challenging than vacant greenfield development and warrants focused investment of staff time and resources. Increased building density.Increased building density increases the number of people in the District, which helps create the desired active pedestrian environment. More density of buildings grouped together in districts is especially desired to encourage pedestrians to explore adjacent buildings. Buildings that are separated by large parking area or vacant lots will impede pedestrian movement. Encourages multimodal transportation.New projects should provide amenities such as adequate bike parking or bus schedule real time monitors in lobbies. At the same time, the Urban Renewal District should invest in infrastructure projects such as bike lanes and signals or covered bus stops to make alternative transportation options visible, safe, and desirable. Retail that serves surrounding residents.To achieve a more vibrant pedestrian-oriented environment the District must consist of uses that are a frequent destination by residents. Retail amenities that are experience based such as restaurants or ice creams shops are desired because they generate activity and are more resilient to emerging ecommerce trends. Such amenities will also attract more housing investment. Housing.Bozeman is in significant need of all types of housing, therefore it is called out as a specific use that is desired. The Midtown District zoning is intended to accommodate more dense housing projects with potential access to retail amenities nearby. The City Commission funded a package of several major infrastructure improvements in the District through the approval of $6,500,000 in bonds with a 25 year term on July 6, 2020. The infrastructure improvements include the streetscape infrastructure on N. 7th Ave. that enhances the walkability, aesthetics, and investment potential of the District as a whole, along with improvements to Aspen St. and N. 5th Ave. that will accelerate ongoing private investment in this emerging node of commercial activity. The District is also focused on investing in public infrastructure that removes barriers to specific private investments. These incentives primarily pay for the costs of public infrastructure associated with the private projects, as well as demolition costs and the cost of 260 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 3 of 9 various system development charges, such as impact fees. These early investments in projects will create new incremental taxable value that will allow for greater blight remediation throughout the District in the coming years. Over time, these increases in taxable value will benefit the broader community by increasing the overall tax base through productive infill development. The remediation of blighted conditions in the District and its ongoing redevelopment will take many years. Bozeman has 21 more years to focus on redevelopment of the Midtown area. As instructed by Commission adopted policy documents, the District will continue to focus on remediating blight, by attracting targeted private investment and growing the tax base. 261 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 4 of 9 Midtown Urban Renewal District (MURD) FY2024 Annual Report (July 1, 2023 to June 30, 2024) Highlights of investments over $15,000 are documented below. N. 5th Ave. Multi-Use Path $339,425 Staff obtained an easement to install a 10ft paved multi-use path along the N. 5th Ave. right-of-way to connect the path on Oak St. to Westlake Park and to provide bike and pedestrian connectivity where N. 5th Ave. does not currently exist. The estimated project cost in the FY2024 work plan was $325,000. The path was bid in February of 2024. The new estimate is $339,425. Construction of this path will begin the summer of 2024. Monies not paid out by June 30, 2024 will carry forward to FY25. Westlake Park Improvements $318,641 The District paid to add back-in angle parking to serve as parking for Westlake Park as part of improvements to N. 5th Ave. The project significantly impacted the mountain bike facilities manage by Southwest Montana Mountain Bike Association (SWMMBA). A recently update park master plan calls for relocating the mountain bike facilities and building an entrance plaza near the intersection of N. 5th Ave. and the recently complete Aspen Festival Street. Improvements to the mountain bike jumps went through multiple rounds of bidding with little success. The delay in construction increased the price. An interdepartmental transfer of $50,000 assisting the Parks Department in completing this regional park and remediating the substantial physical dilapidation and deterioration of the jumps will occur in FY24. Improvements to the park began in 2020. The Lumberyard Workforce Housing $2,000,000 The Lumberyard Project consists of over 260 new units of housing, including at least 90 units of housing, each affordable at 60% of area median income for a period of 30 years. The development agreement approved reimbursement of $7,581,016 for certain eligible costs of the project. The development agreement approved by the City Commission outlined an initial payment of $2,000,000 and subsequent payments when certain project milestones are met. Series 2020 Bond Payment $410,000 The City Commission approved the first series of bonds for the district for $6,500,000. The proceeds of the bonds were to pay for the N. 7th Ave. Streetscape Project and the Aspen and 5th Improvements Project. The term of the bonds is 25 years. Expenditures Compiled April 2024 262 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 5 of 9 Midtown Urban Renewal District (MURD) FY2025 Work Plan (July 1, 2024 to June 30, 2025) Midtown Infrastructure Improvements Codify Design Standards for N. 7th Ave. Streetscape $40,000 Recent improvements to the N. 7th Ave. streetscape are not currently required for redevelopment projects on the corridor. In order to protect the public investments already made and to ensure design continuity for the corridor, codifying the streetscape design is necessary for the future development of the corridor. N. 8th Sewer $1,050,000 The City is soliciting bids to upgrade the sewer line N. 8th Ave., which is a 100+ year old clay sewer line that no longer meets current standards. This project was identified in the 2017 Midtown Action Plan. Parking Garage Design and Due Diligence $1,200,000 As the district begins to reach goals associated with walkable density, staff recognizes the importance of additional parking within the district and continues to monitor the progress of any potential proposal to construct a parking structure. These monies cover the costs of retaining consultants to do due diligence to determine if a proposal is in the best interest of the District. 5th Ave Trail Construction $339,425 Staff obtained an easement to install a 10ft paved multi-use path along the N. 5th Ave. right-of-way to connect the path on Oak St. to Westlake Park and to provide bike and pedestrian connectivity where N. 5th Ave. does not currently exist. The estimated project cost in the FY2024 work plan was $325,000. The path was bid in February of 2024. The new estimate is $339,425. Construction of this path will begin the summer of 2024. Monies not paid out by June 30, 2024 will carry forward to FY25. Whittier Parking Lot Design $68,000 The Midtown Action Plan calls for building partnerships to hone in on key infrastructure improvements. Per State Law, there are only a few ways urban renewal funds can assist schools in Montana. Tax increment financing may be used to complete certain infrastructure projects, including parking lots. $68,000 represents civil engineering, landscape architecture, and electrical engineering services for the Whittier Parking Lot. 263 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 6 of 9 Bond Repayment Series 2020 $ 410,000 The City Commission approved the Series 2020 bonds for a 25 year term that ends 2045. $410,000 is the annual payment on the $6,500,000 in debt issued to finance the cost of the N. 7th Ave. Streetscape Project, and the Aspen and N. 5th Ave. Improvements Project. Professional Services and Outside Legal Counsel Contracted Professional Services $ 60,000 To assist with district management and implementation of the work plan and budget, as well as responding to new opportunities, Staff will contract for services on an as-needed basis. Outside Legal Counsel $ 60,000 The Midtown Urban Renewal District continues to see strong interest in redevelopment. This interest will necessitate work on development agreements under the Midtown TIF Assistance Program, and depending on the scope of the projects, the need to issue additional bonds. Outreach and Marketing Midtown Marketing and Recruitment $ 10,000 This item includes maintenance of the District website, midtownbozeman.org, as well as programs like the banner program to drive traffic to the website. The District uses the website to communicate effectively with property owners, developers, and the public and “to disseminate blight clearance and urban renewal information.” In addition, the board and staff continue to actively recruit development projects in the district that are in support of the urban renewal plan. Additionally, this money will assist in the district exploration of a business improvement district. District Operations Payroll $ 100000 The City’s Economic Development Department manages the Bozeman Urban Renewal District in response to City Commission and the Midtown Urban Renewal Board work plans and policy guidance. 1.5 FTE are dedicated to staffing the Bozeman Urban Renewal Program as a whole, of which the Midtown URD contributes a proportionate share of funding. 264 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 7 of 9 Training $ 7,000 Strong professional development drives the success of the urban renewal program. Staff plans to participate in the National Development Council’s Economic Development Finance Professional (EDFP) Certification Program and the International Economic Development Council’s (IEDC) certified economic developer course series over a number of years Midtown Urban Renewal District (MURD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Mendenhall Sewer $464,000 Tax increment financing from the Downtown Urban Renewal District, the Midtown Urban Renewal District, and funds from the City’s Wastewater Fund were approved in order to upgrade of the existing, aged 6-inch sanitary sewer main in Mendenhall from 5th Avenue to Grand Avenue to a new eight-inch sanitary sewer main. Agreements for the infrastructure improvement were entered into in October of 2023. Construction of the main began in the spring of 2024. Payment is expected in FY26. Food Truck Development Code and Standards $20,000 The Board asked for Economic Development staff to work with Community Development on standards to formalize food truck installations to add interest and activity to the district. Whittier Parking Lot Construction $600,000 The Midtown Action Plan calls for building partnerships to hone in on key infrastructure improvements. Per State Law, there are only a few ways urban renewal funds can assist schools in Montana. Tax increment financing may be used to complete certain infrastructure projects, including parking lots. $600,000 represents an estimate of the construction cost for the Whittier Parking Lot in FY26. Aspen Intersection Improvements $500,000 Staff are in the preliminary stage of evaluating improvements to the intersection of N.7th Ave. and W. Aspen St. to enhance the safety of the intersection. The Northern (7th and Lamme) Water and Sewer $1,100,000 The water and sewer lines in W. Lamme are in poor condition and do not meet existing standards. 265 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 8 of 9 Midtown Tax Increment Finance Assistance Program Approved Development Agreements Lumberyard Pay Go Agreement $7,581,016 The Lumberyard Project consists of over 260 new units of housing, including at least 90 units of housing, each affordable at 60% of area median income for a period of 30 years. The development agreement approved reimbursement of $7,581,016 for certain eligible costs of the project. The development agreement approved by the City Commission outlined an initial payment of $2,000,000 and subsequent payments when certain project milestones are met. The project must generate 80% of its reimbursement through new taxable value before the entirety of the $7,581,016 is paid out. Redevelopment Incentive Programs The Midtown Urban Renewal District’s redevelopment incentive programs are based on criteria included in the 2015 Midtown Urban Renewal District Plan and the 2017 Midtown Action Plan. Due to the rapid growth in the tax increment financing districts and limited staff capacity, the following redevelopment incentive programs will be suspended for FY25. Technical Assistance Grants (TAG)$ 15,000 This program is to provide technical assistance funding to encourage developers to build on parcels along the N. 7th Avenue corridor, or rehabilitate existing structures. It recognizes the complexities of redeveloping parcels which have existing substandard buildings and infrastructure; it was created to offset the costs of those complexities with grants for those proposing work which eliminates blight and advances the implementation of the District Plan. The program was approved by Resolution 4777 and is administered by the MURB. The maximum grant amount for the program is $7,500 and requires a 1:1 match. Midtown Tax Increment Finance Assistance Program – Direct Incentives $ 100,000 The City Commission approved an incentive program, the Midtown TIF Assistance Program pursuant to Resolution 4770 in 2017. Resolution 5087 reauthorized and updated the Program in 2019. Awards will be based on the quality of projects and their support of the Midtown Urban Renewal Plan. Projects of a larger magnitude may require the issuance of tax increment revenue bonds. Projects $50,000 and under may be awarded by the Board and sent to the City Commission as Consent Items. Projects over $50,000 require the approval of the City Commission. Fiber Conduit Connection Incentive Program $ 20,000 The District has made significant investments in facilitating competitive telecommunications options through the provision of public conduit. This program, modeled on a program created by the Downtown URD provides matching grants of up to $2,500 to 266 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2025 Page 9 of 9 connect buildings to the City conduit system. The program facilitates connections to infrastructure and the utilization of the existing conduit investment. 267 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve the Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see the attached Northeast Urban Renewal District Work Plan and Budget for Fiscal Year 2025. The Montana Urban Renewal Law requires the governing body to annually adopt a Work Plan and Budget for each district. Since the City Commission is undertaking biennial budgeting the staff, will still present a work plan and budget annually to maintain compliance with the law. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the Northeast Urban Renewal District is $1,302,900 in appropriations. The recommended budget for the biennium FY 25-26 is $2,607,700 in appropriations. Attachments: Northeast URD 2025 Biennium Budget.pdf FY25 NURB Work Plan 041624 FINAL.doc Report compiled on: May 3, 2024 268 Northeast TIFD Budget Unit (All) Approp - FY24 Budget Northeast TIFD Row Labels Sum of FY23 Actual Sum of FY24 Budget Sum of FY24 Actual Sum of FY24 Projected Sum of FY25 Budget Sum of FY26 Budget Sum of 2024- 2026 Biennium Beginning Working Capital - (1,006,000) - (1,065,900) (1,386,300) (1,386,300) Revenue (425,882) (511,000) (396,836) (579,200) (595,800) (625,600) (1,221,400) Salaries & Benefits 29,396 30,500 22,723 30,700 33,400 35,200 68,600 Operations & Maintenance 27,978 30,000 12,185 86,000 1,177,400 1,177,500 2,354,900 Capital Outlay 63,587 986,900 40,367 50,000 - Debt Service/Loans 92,000 93,000 46,000 92,100 92,100 92,100 184,200 Grand Total (212,921) (376,600) (275,561) (1,386,300) (679,200) 679,200 - 269 Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 1 NORTHEAST URBAN RENEWAL FY2024 ANNUAL REPORT and FY2025 WORK PLAN AND BUDGET FY2026 WORK PLAN AND BUDGET On November 28, 2005, the Bozeman City Commission finally adopted Ordinance No. 1655 which formally enacted the Northeast Urban Renewal Plan and became effective December 28, 2005. The stated mission of the plan and general goals are as follows: DISTRICT PLAN MISSION/VISION “This Plan is the City’s response to remedy the conditions of blight found in the August 2005 [Blight] Report. The Plan also addresses other issues important to the District. The Plan’s purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for generations to come, and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed use neighborhood that is user friendly, safe, secure and healthy. While this Plan envisions a District with diversity of housing, businesses and amenities, it intends to maintain the unique ambiance and historic character of the District”. Nine principles were developed for the plan. Each of the principles has one or more goals associated with the plan, some of which specifically relate to this work plan while others represent general objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows: GENERAL GOALS: Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved. Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive. Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses. Harmonize commercial and industrial development with residential quality of life. New structures should be designed and built keeping in mind the public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership. Promote sustainable building practices and design within the district. Procure new land for park and open space. Improve landscaping in existing public spaces. Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan. Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by giving a high priority to the Northeast District in its capital improvements plan. Work with neighborhoods and businesses to ensure actions taken in the district are compatible with adjacent developed areas. Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. In 2010, the Northeast Urban Renewal Board began implementing plans and projects reflecting their 270 Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 2 three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood Development Plan. Northeast Urban Renewal District (NURB) FY2024 Annual Report (July 1, 2023 to June 30, 2024) Pedestrian Bridge/East Aspen Street $380,000 This project will provide for pedestrian connectivity through a trail extension and a non- vehicular crossing of Bozeman Creek. This will result in the improvements along yet another street within the district and will tie into the new improvements to North Rouse Avenue. This project will span FY24 and FY25. Design of the pedestrian bridge and engineering of the abutments upon which to construct the bridge have been completed and construction bids for the project have been received, with construction to be completed in FY25. Due to permitting issues in FY24, the construction of the bridge was delayed until the summer of 2024. As a result, a majority of the monies budgeted in this line item are carried forward to next year’s work plan. Economic Development staff engaged the neighbors of East Aspen Street in March of 2024 about the impact of a new sidewalk on the already limited parking on East Aspen Street. The neighbors that participated expressed a desire for the City to not pursue a sidewalk due to the narrow existing street and limited parking. Staff believes the project can move forward without a sidewalk at this time. As a result, staff believes the cost of the project will decrease dramatically. The decrease in cost will bring the project closer to the original cost when the project was approved by the Northeast Urban Renewal Board in FY24. Quiet Zone Design $ 130,000 The quiet zone study has identified the improvements required for quiet railroad crossings. It is anticipated that the improvements for the North Wallace Avenue/L Street crossing will include an arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks to preclude vehicles from driving around down arms. Improvements to Griffin Drive, including upgrades at the railroad crossing, are now completed. Since improvements will be required for all three crossings before a quiet zone can be implemented, it is important to undertake crossing improvements as monies are available. Due to significant delays caused by the end of the Montana Rail Link lease of BNSF track and the related delays, further design cost of this project has been halted while we await design review. The topline cost is the expected total cost of design work spread across several fiscals at this point. Fencing along west side of Depot Trail $ 5,000 Due to continued encroachments into the Depot Trail and its right-of-way, the Board determined that fencing along the west right-of-way line was needed. The fence is to be complementary to the trail and the neighborhood. In FY24, the right-of-way line along that portion of the Depot Trail that lies between East Tamarack Street and North Wallace Avenue was determined and options for the fence design were provided to City staff. Construction of the fence is slated for FY25. This budget item reflects the cost of design and survey for the fence project. 271 Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 3 Administrative Services $ 30,500 The Economic Development provides staffing for the District. Bond Costs $ 213,900 Costs covered under this item include bond repayment ($93,000) and the designated bond reserve ($120,900). Northeast Urban Renewal District (NURB) FY2025 Work Plan (July 1, 2024 to June 30, 2025) Pedestrian Bridge/East Aspen Street $ 380,000 This project will provide for pedestrian connectivity through a trail extension and a non-vehicular crossing of Bozeman Creek. The project also includes sidewalk along one side of East Aspen Street between the creek and North Rouse Avenue. This will result in the improvements along yet another street within the district and will tie into the new improvements to North Rouse Avenue. Construction of the bridge is to be completed during the 2025 fiscal year, thus completing a project that has been on the Board’s work plan since the second year of the program. Fencing along west side of Depot Trail $ 20,000 Due to continued encroachments into the Depot Trail and its right-of-way, the Board has determined that fencing along the west right-of-way line is needed. The amount budget is to cover the costs of determining the right-of-way line along that portion of the Depot Trail that lies between East Tamarack Street and North Wallace Avenue. The fence is to be complementary to the trail and the neighborhood. It is scheduled to be constructed in FY25. Bond Costs $ 213,900 Costs covered under this item include bond repayment ($93,000) and the designated bond reserve ($120,900). Northeast Urban Renewal District (NURB) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Quiet Zone Construction $ 500,000 The quiet zone study has identified the improvements required for quiet railroad crossings. It is anticipated that the improvements for the North Wallace Avenue/L Street crossing will include 272 Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 4 an arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks to preclude vehicles from driving around down arms. Improvements to Griffin Drive, including upgrades at the railroad crossing, were completed in Fiscal Year 2022. Since improvements will be required for all three crossings before a quiet zone can be implemented, it is important to undertake crossing improvements as monies are available. Pocket Park – North Church Avenue right-of-way design $ 50,000 Several years ago, a trail was constructed along the North Church Avenue right-of-way between East Cottonwood Street and East Tamarack Street. Under this project, that trail is to be extended north from East Tamarack Street, with a pocket park constructed along the stream. $50,000 is the estimated cost of right-of-way, design, and park enhancements. Northeast Urban Renewal District (NURB) Future Projects Reimburse Wildlands public infrastructure $ 580,000 The Wildlands project includes expansion of the existing building at the northeast corner of the intersection of East Peach Street and North Wallace Avenue and demolition of improvements on the adjacent lot to provide adequate space for the expansion and relocation of the parking lot. The applicant has requested reimbursement for the public infrastructure improvements required in conjunction with the project. The City Commission concurred in the Board’s recommendation to approve that request once the applicant has completed the projects and paid at least two years of property taxes that equal the amount of the reimbursement. Reimburse Cloverleaf public infrastructure $2,210,480 The Cloverleaf project includes demolition of improvements of the existing buildings on the current Bronken Distributing site, which is bounded by East Peach Street, North Plum Avenue, East Cottonwood Street and North Ida Avenue, and construction of a mixed use residential development project. In conjunction with that project, the developer will make the needed water main improvements, wastewater collection improvements, street improvements, installation of sidewalks and installation of state of the art fiber to the site. The applicant has requested reimbursement for the public infrastructure improvements required in conjunction with the project plus the costs of the impact fees associated with it. The City Commission concurred in the Board’s recommendation to approve that request once the applicant has completed the project, with that reimbursement to be paid over several years at a percentage of the taxes paid for this property, as those monies become available. Trails within the district The Board has determined its top priority projects for the upcoming years revolve around trails within the district that enhance its livability and provide non-vehicular connectivity. It was noted these are projects not likely to be part of any development project but are desired improvements. At this time, there are no identified trail segments, but expenditure of these monies should be considered as opportunities arise. Also, a portion of these monies could be used to develop pocket parks, possibly in conjunction with the trail segments. 273 Northeast Urban Renewal District Annual Work Plan and Budget FY2025 – May 2024 5 Connector trail – Depot trail to Audubon site The Audubon Society has acquired 32 acres of wetlands and sensitive lands lying east of this district and is purchasing an additional 8 acres. The subject site lies outside the boundaries of the district; however, a portion of the trail extension lies within the district; and these monies are for that portion of the trail only. This trail extension would provide a safe access for pedestrians moving through the district to the enhanced wetlands area. Front Street – Ida to Aspen Front Street – Tamarack to Ida Construction North Ida Avenue – Peach to Cottonwood These three street projects were initially added to the work plan and budget and were designed to complement the street improvements to be constructed in conjunction with the Cottonwood and Ida project (later renamed the TinWorks Project). That project has been abandoned, and no new plans for those properties are anticipated in the near future. The monies listed above are not adequate to complete any of the projects listed, but could be used to enhance street improvements made in conjunction with public improvements in conjunction with a private development. As an alternative, the monies could be appropriated for a payback agreement that may include any or all of these street improvements made in conjunction with a future private development. The currently proposed Block 104 project, which is undergoing staff review, could provide adequate additional incremental value to cover reimbursing a developer for the costs of these improvements to blighted infrastructure. 274 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Pole Yard Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve the Pole Yard Urban Renewal District Fiscal Year 2025 Work Plan and Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see the attached Pole Yard Urban Renewal District Work Plan and Budget for Fiscal Year 2025. The Montana Urban Renewal Law requires the governing body to annually adopt a Work Plan and Budget for each district. Since the City Commission is undertaking biennial budgeting the staff, will still present a work plan and budget annually to maintain compliance with the law. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the Pole Yard Urban Renewal District is $833,000 in appropriations. The recommended budget for the biennium FY 25-26 is $1,720,200 in appropriations. Attachments: Pole Yard URD 2025 Biennium Budget.pdf Pole Yard URD FY 25 - 26 Work Plan and Budget FINAL 20240506.docx Report compiled on: May 6, 2024 275 Pole Yard TIFD Budget Unit (All) Approp - FY24 Budget Pole Yard TIFD Row Labels Sum of FY23 Actual Sum of FY24 Budget Sum of FY24 Actual Sum of FY24 Projected Sum of FY25 Budget Sum of FY26 Budget Sum of 2024- 2026 Biennium Beginning Working Capital - (276,500) - (334,900) (780,100) (780,100) Revenue (193,891) (323,500) (274,217) (445,200) (458,600) (481,500) (940,100) Operations & Maintenance - 600,000 - 833,000 887,200 1,720,200 Grand Total (193,891) - (274,217) (780,100) (405,700) 405,700 - - - 276 POLE YARD URBAN RENEWAL DISTRICT FY2024 ANNUAL REPORT and FY2025 - FY 2026 WORK PLAN AND BUDGET The Purpose and Intent of the Pole Yard Urban Renewal District and Plan The creation of the URD in the Pole Yard enables the City of Bozeman to eliminate conditions that contribute to blight substantially impairing sound growth of the City through investments in public infrastructure and efficient delivery of public services. Goals of the Pole Yard Urban Renewal District Plan GOAL 1. Promote Innovative Economic Development Rationale: Commerce strengthens the community, opens reinvestment opportunities, enables livable wage jobs, and supports the sound growth of the community, helping to eliminate conditions that contribute to blight. GOAL 2. Enable Enhanced Connectivity and Mobility Rationale: Connecting neighborhoods through investments in multi-model transportation corridors strengthens the fiber of the community. GOAL 3. Invest in Efficient Delivery of Public Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Capital improvements will help achieve economic vitality and support the delivery of public services. GOAL 4. Foster Urban Neighborhood Coherency Rationale: Higher concentration of development achieves greater efficiency in the delivery of public services. Urban growth, oriented to centers of employment and activity, can reduce or eliminate commute times, lower transportation costs and create vitality and a sense of community. Integrated elements of growth, ensuring a cohesive neighborhood that in turn contributes to the well-being of the entire community, will reduce geographic, as well as economic and social isolation. GOAL 5. Protect Public Health Rationale: An area that includes a superfund site presents the need for increased diligence to comply with the obligation to not exacerbate the human health contact risk or environmental contamination. GOAL 6. Encourage the Retention of Existing Businesses Rationale: Urban infill development can affect the community through such things as additional traffic and noise, particularly when the existing public systems do not meet current standards. 277 GOAL 7. Respect Critical Environments Rationale: Riparian and wetland areas provide benefits to the community through such things as filtering urban runoff, providing habitat for wildlife and flood protection. Pole Yard Urban Renewal District (PYURD) FY2024 Annual Report (July 1, 2023 to June 30, 2024) Highlights of investments over $15,000 are documented below. No funds were expended in the PYURD in FY 2024. 278 Pole Yard Urban Renewal District (PYURD) FY2025 Work Plan (July 1, 2024 to June 30, 2025) The Pole Yard Urban Renewal District was created in 2020 and has limited fiscal resources as a result its recent creation. Contracted Services/Consultants/Professional Services $150,000 Other/General $683,000 Staff is requesting budget authority to spend up to $600,000 of existing cash-on-hand to move projects and development agreements forward in the District. These funds could also be devoted to the design or construction of public infrastructure that serves the District. Specifically, $500,000 of these funds could be allocated to the construction of quiet zone improvements at the Rouse Ave. crossing in the event the project moves forward within the Fiscal Year. Pole Yard Urban Renewal District (PYURD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Contracted Services/Consultants/Professional Services $150,000 Other/General $737,200 We propose allocating the entirety of the expected increment to be responsive to opportunities. It is likely that in FY 25/26 we will either support developer or city led Infrastructure projects and development agreements. 279 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve the North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Fiscal Year 2025 staff recommended budget for the North Park Urban Renewal District is $144,000 in appropriations. The recommended budget for the biennium FY 25-26 is $253,500 in appropriations. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:TBD Attachments: North Park 2025 Biennium Budget.pdf NP URD Work Plan and Budget FY 25 - FY 26 FINAL 20240506.docx Report compiled on: May 6, 2024 280 North Park TIFD Budget Unit (All) Approp - FY24 Budget North Park TIFD Row Labels Sum of FY23 Actual Sum of FY24 Budget Sum of FY24 Actual Sum of FY24 Projected Sum of FY25 Budget Sum of FY26 Budget Sum of 2024- 2026 Biennium Beginning Working Capital - (160,200) - (168,300) (195,700) (195,700) Revenue (25,025) (26,800) (22,107) (27,400) (28,200) (29,600) (57,800) Operations & Maintenance - 160,200 - 144,000 109,500 253,500 Grand Total (25,025) (26,800) (22,107) (195,700) (79,900) 79,900 - 281 NORTH PARK URBAN RENEWAL DISTRICT FY2024 ANNUAL REPORT and FY2025 - FY2026 WORK PLAN AND BUDGET Goals of the North Park Urban Renewal District Plan GOAL 1: Promote Economic Development, with a Focus on Value-Adding Commerce Rationale: Value-adding commerce strengthens the community, opens reinvestment opportunities, supports livable wage jobs, and provides for economic needs of the citizens, helping to eliminate conditions that contribute to blight. GOAL 2: Invest in Efficient Delivery of Public Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. GOAL 3: Support Planned Urban Density and Design Rationale: Higher density achieves greater efficiency in the delivery of public services. Live-work opportunities can reduce or eliminate commute times, lower transportation costs and create vitality and a sense of community. Design elements such as open space and pedestrian facilities promote recruitment of value-adding businesses interested in quality of life for their employees. North Park Urban Renewal District (NPURD) FY2024 Annual Report (July 1, 2023 to June 30, 2024) Highlights of investments over $15,000 are documented below. No funds were expended in the NPURD in FY 2024. 282 North Park Urban Renewal District (NPURD) FY2025 Work Plan (July 1, 2024 to June 30, 2025) Contracted Services/ Consultants and Professional Services $60,000 Other/General $84,000 Staff is requesting budget authority to spend up to $144,000 of existing cash-on-hand to move projects and development agreements forward in the District and respond to opportunities as they arise. These funds could also be devoted to the design or construction of public infrastructure that serves the District. North Park Urban Renewal District (NPURD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) We are expecting a developer led infrastructure investment with significant future bonding. We plan to accumulate funds until then and use available funds to reimburse eligible costs. Other/General $109,500 Staff is requesting budget authority to spend up to $109,500 to move projects and development agreements forward in the District and respond to opportunities as they arise. These funds could also be devoted to the design or construction of public infrastructure that serves the District. 283 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:South Bozeman Technology District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget MEETING DATE:May 14, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve the South Bozeman Technology District Biennium Budget and Fiscal Year 2025 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see the attached South Bozeman Technology District Work Plan and Budget for Fiscal Year 2025. The Montana Urban Renewal Law requires the governing body to annually adopt a Work Plan and Budget for each district. Since the City Commission is undertaking biennial budgeting the staff, will still present a work plan and budget annually to maintain compliance with the law. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The Fiscal Year 2025 staff recommended budget for the South Bozeman Technology District is $96,100 in appropriations. The recommended budget for the biennium FY 25-26 is $197,200 in appropriations. Staff expects to issue bonds in this district to reimburse for public infrastructure and other eligible costs pursuant to a development agreement approved by Resolution 5420. Attachments: SBTD 2025 Biennium Budget.pdf SBTD Work Plan and Budget FY 2025 - 2026 FINAL 20240506.docx Report compiled on: May 6, 2024 284 285 South Bozeman Technology TIFD Budget Unit (All) Approp - FY24 Budget South Bozeman Technology TIFD Row Labels Sum of FY23 Actual Sum of FY24 Budget Sum of FY24 Actual Sum of FY24 Projected Sum of FY25 Budget Sum of FY26 Budget Sum of 2024- 2026 Biennium Beginning Working Capital - (37,700) - (54,300) (100,200) (100,200) Revenue (35,371) (36,100) (23,670) (45,900) (47,300) (49,700) (97,000) Operations & Maintenance 4,803 38,000 - 96,100 101,100 197,200 Grand Total (30,568) (35,800) (23,670) (100,200) (51,400) 51,400 - 286 SOUTH BOZEMAN TECHNOLOGY DISTRICT FY2024 ANNUAL REPORT and FY2025 and FY2026 WORK PLAN AND BUDGET New Mission and Vision for the MontanaState University Innovation Campus The Mission ofthe Montana State University Innovation Campus is: •To promote economic development and support partnerships between regional, national,and international high tech-based businesses and the research community of Montana State, the region,and the State of Montana. •To create a world-class research park to promote academic and industry collaboration to advance research and scientific discoveries with Montana State University Faculty and Students that will maximize the academic talent and regional resources of Montana State University,the region,and the State of Montana. •To promote learning and collaboration in support ofscientific research, new discoveries,and inventions to further the commercialization of Montana State University’s intellectual assets and technology transfer. •To provide state-of-the-art facilities,programs,services,and amenities to support the growth and success of technology-based businesses. •To provide ‘the place''to link academic,private, and governmental researchers and scientists to advance new discoveries in support ofthe Citizens within the State of Montana,the nation,and the world. The Vision ofthe Montana State University Innovation Campus is: Tobe recognized as the 'the place' that provides a unique community to connect people and support public private partnerships to stimulate new ideas, push forward the advancement of research and science, and produce new discoveries and technologies that will transform the world. 287 South Bozeman Technology District (SBTD) FY2024 Annual Report (July 1, 2023 to June 30, 2024) Highlights of investments over $15,000 are documented below. $0 were expended in the SBTD in FY 2024 in contracted services. 288 South Bozeman Technology District (SBTD) FY2025 Work Plan (July 1, 2024 to June 30, 2025) Other/General $96,100 Currently one building is complete and operational on the Innovation Campus (IC), the Advanced Research Lab (ARL). Two additional buildings are currently under construction, the 80,000 sq ft Industry Building and the 78,000 sq ft Aurora Building. A fourth building is under negotiations. On March 19, 2024 the MSUIC received approval of their Planned Development Zone (PDZ) application. Staff is requesting budget authority to spend up to $47,600 of existing cash-on-hand to move projects and development agreements forward in the District. These funds could also be devoted to the design or construction of public infrastructure that serves the District. Development Agreement with Big Sky ICINF, LLC $3,599,178* Please note that there is currently a development agreement, adopted pursuant to Resolution 5420, with Big Sky ICINF, LLC to reimburse the developer for the construction of public infrastructure related to the construction of two buildings within the District on the MSU Innovation Campus. The development agreement is not a guarantee of reimbursement or bonding for reimbursement. Road network infrastructure is complete on the Innovation Campus. Once the buildings are complete, a tax generation analysis will determine if the debt coverage ratio exists to bond for reimbursement to the developer for the improvements. *A budget amendment related to expenditure of bond proceeds is likely in this fiscal year. South Bozeman Technology District (SBTD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Other/General $101,100 We recommend appropriating the entirety of expected increment to be responsive to opportunities. There is an existing development agreement to issue bonds for infrastructure that is already constructed, once the District meets a specified debt coverage ratio. 289