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08-06-24 City Commission Agenda and Packet Materials
A. Call Special Meeting to Order - 5:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approve the Regular Meeting Minutes 12-19-23 Commission Meeting 01-09-24 Commission Meeting 01-23-24 Commission Meeting 07-16-24 Commission Meeting(Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 6, 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: I move to approve the combined City Commission minutes as submitted . 1 G.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 Approval of Depository Bonds and Pledged Securities as of June 30, 2024 (Clark) G.3 Approve the Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification, Application 23295(Montana) G.4 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Engineering Services to Complete the Sourdough Water Treatment Facility Plan and South Pressure Zone Study(Nielsen) G.5 Authorize the City Manager to Sign a Software as a Service (SaaS) Agreement with Darkhorse Emergency for Fire Department Data Analytics Support(Waldo ) G.6 Ratify the Signature of the City Manager for a Renewal with DocuSign for Electronic Signature Software(Maas) G.7 Authorize the City Manager to Sign a Task Order 3 of the Professional Services Master Task Order Agreement with DOWL, LLC. to Complete Professional Engineering On-Call Services for the Manley Ditch Rehabilitation Project(Oliver) G.8 Authorize the City Manager to Sign Amendment 4 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services(Ziegler) G.9 Authorize the City Manager to Sign a Task Order Nine with Economic and Planning Systems for an Independent Financial Review of the 7th and Aspen Tax Increment Financing Request(Fine) G.10 Authorize the City Manager to Sign Task Order Number 9 for the Right of Way Acquisition Project with Sanderson Stewart to Complete Waiver Valuations to Provide Easements to Northwestern Energy Across Christie Fields and Langhor Gardens(Murray) G.11 Resolution 5599, Adoption of the Baxter 80 Annexation, Annexing Approximately 81.619 acres and Adjacent Rights-of-Way; the Property is Generally Located on the Northwest Corner of West Oak Street and Laurel Parkway, Application 23208(Rogers) G.12 Resolution 5604, to Adopt Fiscal Year 2025-2029 CDBG Consolidated Housing Plan to the U.S. Department of Housing and Urban Development(Munfrada) G.13 Resolution 5617, Creation of Special Improvement Lighting District 785 Gardner Simmental Plaza Subdivision Lot 2A(Hodnett) G.14 Resolution 5618, Intent to Create a Special Improvement Lighting District 786 for Urban + Farm Phase 1(Hodnett) G.15 Resolution 5626, Adopting the Bozeman City Commission Priorities for 2024 and 2025(Winn) H. Consent II: Items Acted Upon Without Prior Unanimous Approval 2 H.1 Ordinance 2148, Provisional Adoption, Establishing a Zoning Designation of R-5, Residential High Density Mixed District and R-4, Residential High-Density District, in Association with the Annexation of 81.619 Acres, the Baxter 80 Annexation, Generally Located at the Northwest Corner of West Oak Street and Laurel Parkway, Application 23208(Rogers) I. Work Session I.1 Camping in the Right of Way Discussion (Saverud) J. Action Items J.1 Continue the South Range Crossing (SRX) II Growth Policy Amendment Application to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 7.644 acres in Association with a Zone Map Amendment (Application 24196) on Property Located on the Northeast Corner of South 19th Avenue and Graf Street, Application 24195 to August 13, 2024(Rogers) J.2 Continue the South Range Crossing II (SRX II) Zone Map Amendment Application 24196 Requesting Amendment of the City Zoning Map to Change the Zoning on the Western Half of an Existing Site from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Northwest Corner Containing 9.26 Acres, and B-2M (Community Business District-Mixed) on the Southwest Corner Containing 9.12 Acres to the August 27, 2024 City Commission Hearing, Application 24196 to August 13, 2024(Cramblet) K. Public Comment L. FYI / Discussion M. Adjournment Consider the Motion: I move to continue the public hearing for review of application 24195, the SRX II Growth Policy Amendment to August 27, 2024. Consider the Motion: I move to continue application 24196 to the August 13, 2024 City Commission Hearing. 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. 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. 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:Approve the Regular Meeting Minutes 12-19-23 Commission Meeting 01-09-24 Commission Meeting 01-23-24 Commission Meeting 07-16-24 Commission Meeting MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by Commission. FISCAL EFFECTS:None 4 Attachments: 12-19-23 City Commission Meeting Minutes.pdf 01-09-24 City Commission Meeting Minutes.pdf 01-23-24 City Commission Meeting Minutes.pdf 07-16-24 City Commission Meeting Minutes.pdf Report compiled on: July 17, 2024 5 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 1 of 15 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 19, 2023 Present: Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff Present at the Dias: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:30:42 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:31:45 Pledge of Allegiance and a Moment of Silence C) 00:32:37 Changes to the Agenda D) 00:32:43 FYI Mayor Andrus thanked the County for their work and partnership in 2023. CM Mihelich provided information on City Programs and partnerships for FIY. E) 00:34:50 Commission Disclosures There were no Commission disclosures. F) 00:34:58 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approve City Manager Jeff Mihelich's Increase to Base Salary F.3 Approve the Final Plat for the Northwest Crossing Phase 2.1 Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. Application 23203. (Quasi- Judicial) 23203 Certificate of City Attorney.pdf 23203 Final Plat.pdf 23203 FP Transmittal Legal V2.pdf 6 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 2 of 15 F.4 Authorize the City Manager to Sign a Percent for Art Agreement and Waiver of Proprietary Rights with Jessica Kay Bodner for the Commissioning of "Confetti Cloud" Sculpture at the Bozeman Public Library Percent for Art Agreement - J Bodner.pdf Waiver of Proprietary Rights - J Bodner.pdf F.5 Second Amendment to the Prospera Business Network's Sub-Recipient Agreement for management of the City of Bozeman Revolving Loan Fund. doc04475520231205124124.pdf Second Amendment to the Prospera Sub Recipient Agreement 12.05.23.pdf 20- Professional Services Agreement - Prospera Block Grant Revolving Loan Fund Corona Small Bus Local Relief.pdf F.6 Authorize the City Manager to Sign a Professional Services Agreement with Cushing Terrell for Architectural, Engineering, Land Surveying, and Land Use Planning Services for the City of Bozeman's Urban Renewal Districts and a Task Order #001 for Time and Materials 231211F Term Contract - Cushing Terrell.pdf URD Task Order Form Example Exhibit A.pdf Rate Sheets Exhibit B.pdf CT URD Task Order 1.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for Architectural, Engineering, Land Surveying, and Land Use Planning Services for the City of Bozeman's Urban Renewal Districts and a Task Order #MID23-001 for 5th Avenue Pedestrian Lighting Design 231107 Term Contract - Sanderson Stewart.pdf URD Task Order Form Example Exhibit A.pdf Rate Sheets Exhibit B.pdf URD Task Order Form MID23-001_5th Ped Lighting.pdf MID23-001_SOW_5th_Ped_Lighting.pdf F.8 Authorize City Manager to Sign a Professional Services Agreement with TerraQuatic for Wetland Consulting Services during the Development Review Process Professional Services Agreement TerraQuatic 2023.pdf F.9 Authorize City Manager to Sign a Professional Services Agreement with Naiad, LLC for Wetland Consulting Services during the Development Review Process Professional Services Agreement Naiad 2023.pdf F.10 Authorize the City Manager to sign a PSA with TerraQuatic, LLC for Wetland Code Revision Assistance PSA_WetlandCodeRevision_TerraQuatic.pdf F.11 Authorize the City Manager to Sign a PSA with Naiad Aquatic Consultants, LLC for Wetland Code Revision Assistance PSA_WetlandCodeRevision_Naiad.pdf F.12 Authorize the City Manager to Sign an Amendment Two to the Professional Services Agreement with KLJ Engineering for Engineering Services Related to the Aspen Street Pedestrian Bridge and Sidewalk 23- Amendment 2 to PSA with KLJ for Aspen Street Ped Bridge.pdf F.13 Authorize the City Manager to Sign Task Order #EDD23-004 with Sanderson Stewart for On-Call Miscellaneous Parking Services URD Task Order Form EDD23-004.docx 7 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 3 of 15 F.14 Amendment 2 to Professional Services Agreement with DOWL, LLC for the Stormwater Facilities Plan Update 22- Professional Services Agreement - DOWL Inc - Stormwater Facilities Update.pdf Attachment A - Amendment 2 Scope and Budget.pdf PSA Amendment 2 with DOWL for SW Facilities Plan.pdf F.15 Authorize the City Manager to Sign Amendment 1 to Task Order 2023TETC-003 with Sanderson Stewart to provide Bidding and Construction Administration Services for an Rectangular Rapid Flashing Beacon on S Willson Ave at Garfield St Amendment_1_to_Task_Order_TETC23-003_On_Call_Electrical_Services_121323.pdf 20230228_PSA_Engineering_Term_Contract_signed.pdf F.16 Authorize the City Manager to Sign Amendment 2 to Task Order 2023TETC-003 with Sanderson Stewart to provide citywide Signal Timing Assistance Amendment_2_to_Task_Order_TETC23-003_On_Call_Electrical_Services_121323.pdf 20230228_PSA_Engineering_Term_Contract_signed.pdf F.17 Authorize City Manager to Sign a First Amendment to the Purchase Agreement for Furniture and Related Services for the Fire Station 2 Relocation Project under Cooperative Purchasing Agreements First Amendment to Furniture Purchase and Services Agreement.pdf F.18 Authorize the City Manager to Sign an amendment # 2 with Jacobs Engineering Group Inc. for Federal Transportation Grant Writing Services Jacobs Engineering Grant Support Scope and Fee Amendment 2 F.19 Resolution 5537, Adoption of Annexation for the 6730 Davis Lane Annexation, Annexing 10.071 acres and Adjacent Rights-of-Way, Application 22020 22020 6730 Davis Lane Annex Resolution 5537.pdf 6730 Davis Lane Annexation Map.pdf 22020 6730 Davis Lane Annex Agreement.pdf F.20 Resolution 5485, Adoption of Annexation for the Project Eighty-6 Annexation, Annexing 86 acres and Adjacent Rights-of-Way, Application 22113 22113 Project 86 Annex Resolution 5485.pdf Project Eighty-6 Annexation Map- SIGNED.pdf Project Eighty-6 Annexation Agreement & Waivers- SIGNED.pdf F.21 Resolution 5560, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113. Commission Resolution 5560.pdf F.22 Resolution 5563, Certification of Delinquent City Assessments to the County Resolution_5633-Certification_of_Delinquent_1st_half-FY24.docx F.23 Resolution 5565, A Resolution of the City Commission, Acknowledging Receipt of Petition and Determining that Conditions Do Not Exist for the Creation of a Municipal Housing Authority in Bozeman, Montana Resolution 5565 - Denying Petition to Create a Municipal Housing Authority 12.19.23.pdf 08-07-23 Petition for Municipal Housing Authority.pdf F.24 Ordinance 2135, Provisional Adoption to Establishing an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 86 Acres, the Project Eighty-6 Annexation, Application 22113 22113 Project Eighty-6 ZMA Ordinance 2135.pdf 04_ProjectEighty-6Annexation_ZMAMap.pdf 00:35:27 CM Mihelich provided highlights from the Consent Agenda. 8 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 4 of 15 00:36:08 Public Comment on Consent 00:36:18 Natsuki Nakamura commented on disappointment on the Housing Authority denial. 00:39:30 Roger Blank commented on the F2 Consent Agenda item. 00:41:29 Motion to approve Consent Items 1-24. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:41:44 Vote on the Motion to approve Consent Items 1-24. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G) 00:42:02 Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2153, Provisional Adoption to Establish an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 10.071 Acres, the 6730 Davis Lane Annexation, Application 22020 22020 6730 Davis Lane ZMA Ordinance 2153.pdf 6730 Davis Lane Zone Map.pdf 00:42:03 Motion to approve Consent Item G.1. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:42:18 Vote on the Motion to approve Consent Item G.1. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Douglas Fischer Disapprove: Christopher Coburn 9 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 5 of 15 H) 00:42:52 Public Comment 00:43:30 Ana Shchemelinin commented in opposition to Socialism. I) 00:46:40 Action Items CM Mihelich introduced Action Items I.1 Bozeman City Commission Resolution No. 5556: Adopting the Belonging in Bozeman Equity and Inclusion Plan Resolution 5556 Belonging in Bozeman Plan FINAL.pdf Belonging in Bozeman Equity and Inclusion Plan 12122023 FINAL.pdf 00:47:21 CM Mihelich introduced the history of the Belonging in Bozeman Equity and Inclusion Plan 00:48:29 Staff Presentation 00:48:53 Community Engagement Coordinator (CEC) Dani Hess and Associate Planner (AP) Nakeisha Lyon presented Resolution 5556, The Belonging in Bozeman Equity & Inclusion Plan. Overview. Why Develop an Equity & Inclusion Plan? Renter Statistics. Nakeisha Lyon continued the presentation: How Did We Get Here? Scope and Purpose of the Plan. CEC Hess continued the presentation: Roles and Process. AP Lyon: Plan Layout, A Truthful History of Bozeman, Process and Timeline. CEC Hess: Key Terms, The Equity and Inclusion Plan. AP Lyon: Example: Housing. CEC Hess & AP Lyon: Implementation Workbook, Community Liaisons, Input Provided by, Top Priorities. Public Comment & Economic Vitality Board Recommendation, Suggested Motion. 01:26:28 Questions of Staff 01:47:41 Public Comment 01:49:19 Roger Koopman commented in opposition to the Belonging in Bozeman Plan.. 01:52:48 Troy Johnson commented in opposition to the Belonging in Bozeman Plan. 01:55:34 Janet Reno commented in opposition to the Belonging in Bozeman Plan. 01:58:30 Dianna Campbell commented in opposition to the Belonging in Bozeman Plan. 02:02:00 Mayor Andrus asked for a clarification of Commission Rules from CA Sullivan 02:03:31 Anna Shchemelinin commented in opposition to Belonging in Bozeman. 02:06:10 Leni Gaston commented in opposition to the Belonging in Bozeman Plan 02:09:40 Carol Wilder commented in support of the Belonging in Bozeman Plan. 02:11:09 Johanna Gamble commented in opposition to the Belonging in Bozeman Plan. 02:12:49 Patti Steinmuller commented in support of the Belonging in Bozeman plan. 10 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 6 of 15 02:15:54 Holly Heart commented in opposition to the Belonging in Bozeman Plan. 02:19:28 Paul Knockman commented in opposition to the Belonging in Bozeman plan. 02:21:57 Heather Higgs commented in opposition to the Belonging in Bozeman plan. 02:23:35 Mayor Andrus called the meeting into recess. 02:25:45 Mayor Andrus called the meeting back into session. 02:25:59 Cedar Bertelson commented in support of the Belonging in Bozeman plan. 02:28:51 Troy Bertelson commented in support of the Belonging in Bozeman plan. 02:31:04 Eric Jacobs commented in opposition to Belonging in Bozeman plan. 02:34:45 Eileen Guthrie commented in opposition to the Belonging in Bozeman plan. 02:36:17 Lakie Poole commented in opposition to the Belonging in Bozeman plan. 02:39:34 Katie Madison commented in support of the Belonging in Bozeman plan. 02:40:51 Betsy Swartz commented in support of the Belonging in Bozeman plan. 02:41:44 Glen Monihan commented in opposition to the Belonging in Bozeman plan. 02:44:53 Leanna Bertelson commented in support the Belonging in Bozeman plan. 02:47:27 Roger Blank commented in opposition to the Belonging in Bozeman plan. 02:51:34 Motion to approve Approval of Resolution 5556 to adopt the Belonging in Bozeman Equity and Inclusion Plan. Terry Cunningham: Motion Douglas Fischer: 2nd Discussion 03:12:07 Vote on the Motion to approve Approval of Resolution 5556 to adopt the Belonging in Bozeman Equity and Inclusion Plan. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer 11 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 7 of 15 Disapprove: None 03:12:25 Mayor Andrus called the meeting into recess. 03:22:10 Mayor Andrus called the meeting back into session. I.2 03:22:18 Resolution No. 5559 Accepting the Gallatin Valley Sensitive Lands Protection Plan. Gallatin Valley Sensitive Lands Protection Plan.pdf Draft Plan - Online Public Comments.pdf Public Comment as of 20231204.pdf Community Development Board Resolution 2023-2.pdf City Commission Resolution 5559.pdf 03:22:20 CM Mihelich introduced Resolution 5559 03:23:28 Staff Presentation Strategic Services Director (SSD) Jon Henderson presented Resolution 5559, the Gallatin Valley Sensitive Lands Protection Plan. Thank you to all staff, partners, boards, working groups and consultants. Greater Yellowstone Ecosystem, The Need, Project Goals, Project Timeline, Public Engagement, Planning Process, Common Themes, Model Results, Interactive Map, Recommendations/Tools, Proposed Motion. 03:53:09 Questions of Staff 04:07:40 Public Comment 04:07:53 Daniel Carty commented in support of the Gallatin Valley Sensitive Lands Protection Plan. 04:09:42 Patti Steinmuller commented in support of the Gallatin Valley Sensitive Lands Protection Plan. 04:12:15 Deanna Campbell commented in opposition to the Gallatin Valley Sensitive Lands Protection Plan. 04:14:52 Johana Campbell commented on the Gallatin Valley Sensitive Lands Protection Plan. 04:15:54 Janet Reno commented in opposition to the Gallatin Valley Sensitive Lands Protection Plan. 04:18:10 Eileen Gutherie commented on the Gallatin Valley Sensitive Lands Protection Plan. 04:19:36 Bill Umbaugh commented in opposition to the Gallatin Valley Sensitive Lands Protection Plan. 04:21:53 David Folsom asked a question regarding the Gallatin Valley Sensitive Lands Protection Plan. 12 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 8 of 15 04:23:00 Clarification 04:24:01 Motion to approve Resolution No. 5559 Accepting the Gallatin Valley Sensitive Lands Protection Plan. Douglas Fischer: Motion Christopher Coburn: 2nd 04:24:29 Discussion Mayor Andrus extended the meeting twenty minutes. 04:42:50 Vote on the Motion to approve Resolution No. 5559 Accepting the Gallatin Valley Sensitive Lands Protection Plan. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J) 04:43:15 Appointments 04:43:29 Public Comments on Appointments 04:43:46 Daniel Carty commented on an appointment to the Sustainability Board. J.1 04:45:58 Appointment to the Community Development Advisory Board 09-08-23 - CAB Applications - Keats Maxwell.pdf 09-19-23 - CAB Applications - Gary Kachadurian.pdf 10-31-23 - CAB Applications - Richard Kerin.pdf 11-02-23 - CAB Applications - Henry Happel.pdf 11-06-23 - CAB Applications - Stephen Christopher Egnatz.pdf 11-13-23 - CAB Applications - Jim Webster.pdf 11-17-23 - CAB Applications - Nicole Olmstead.pdf 04:46:09 Motion to appoint Stephen Christopher Egnatz to fill the architect position on the Community Development Board for a term ending December 31 2025, second, Nicole Olmstead to fill the representative of the development community position on the Community Development Board for a term ending December 31, 2025 and I move to appoint Henry Happel to fill an at-large position on the Community Development Board for a term ending December 31, 2025. Jennifer Madgic: Motion Terry Cunningham: 2nd 13 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 9 of 15 04:46:59 Vote on the Motion to appoint Stephen Christopher Egnatz to fill the architect position on the Community Development Board for a term ending December 31 2025, second, Nicole Olmstead to fill the representative of the development community position on the Community Development Board for a term ending December 31, 2025 and I move to appoint Henry Happel to fill an at-large position on the Community Development Board for a term ending December 31, 2025. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 04:47:18 Motion to appoint Henry Happel to serve as Chair of the Community Development Board for a term ending December 31, 2025. Cyndy Andrus: Motion Terry Cunningham: 2nd 04:47:32 Vote on the Motion to appoint Henry Happel to serve as Chair of the Community Development Board for a term ending December 31, 2025. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 04:47:48 Motion to approve I move to appoint Mark Egge to an at-large position on the Community Development Board ending December 31, 2024. Cyndy Andrus: Motion Douglas Fischer: 2nd 04:48:04 Vote on the Motion to approve I move to appoint Mark Egge to an at-large position on the Community Development Board ending December 31, 2024. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham 14 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 10 of 15 Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None Mayor Andrus extended the meeting to 10:30 J.2 04:48:37 Appointments to the Economic Vitality Board 09-18-23 - CAB Applications - Tyler Crain.pdf 08-28-23 - CAB Applications - Craig Ogilvie.pdf 09-29-23 - CAB Applications - Stephanie Spencer.pdf 10-23-23 - CAB Applications - Mona Schwartz.pdf 11-01-23 - CAB Applications - Malory Peterson.pdf 11-02-23 - CAB Applications - Ian Dodds.pdf 11-02-23 - CAB Applications - Sara Savage.pdf 11-03-23 - CAB Applications - Will Shepherd.pdf 11-17-23 - CAB Applications - Andrew Hill.pdf 11-16-23 - CAB Applications - Christel Chvilicek.pdf 04:48:44 Motion to appoint Craig Ogilvie, Malory Peterson and Sara Savage to the Economic Vitality Board with terms ending December 31, 2025. Christopher Coburn: Motion Terry Cunningham: 2nd 04:49:05 Vote on the Motion to appoint Craig Ogilvie, Malory Peterson and Sara Savage to the Economic Vitality Board with terms ending December 31, 2025. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.3 04:49:19 Appointments to the Sustainability Board 10-23-23 - CAB Applications - Andrew Bode Kostick.pdf 11-13-23 - CAB Applications - Brooke Lahnamen.pdf 11-14-23 - CAB Applications - Isabel Shaida.pdf 11-17-23 - CAB Applications - Kalani Goodhard.pdf 11-20-23 - CAB Applications - Nathan Gracey.pdf 11-30-23 - CAB Applications - Terran Wieder.pdf 15 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 11 of 15 04:49:24 Motion to appoint Nathan Gracey, Isabel Shaida, Kalani Coles (Goodhard) and Brooke Lahnamen to the Sustainability Board for terms ending December 31, 2025. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:49:44 Vote on the Motion to appoint Nathan Gracey, Isabel Shaida, Kalani Coles (Goodhard) and Brooke Lahnamen to the Sustainability Board for terms ending December 31, 2025. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.4 04:50:02 Appointment to the Transportation Board 10-27-23 - CAB Applications - Hayden Glines.pdf 11-13-23 - CAB Applications - Pierce Teeuwen.pdf 11-20-23 - CAB Applications - Shannon Mahoney.pdf 04:50:14 Motion to appoint Shannon Mahoney and Hayden Glines to the Transportation Advisory Board for a term ending December 31, 2027. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:50:27 Vote on the Motion to appoint Shannon Mahoney and Hayden Glines to the Transportation Advisory Board for a term ending December 31, 2027. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.5 04:50:44 Appointments to the Urban Parks and Forestry Board 05-07-23 - CAB Applications - Madisynn Weber.pdf 09-05-23 - CAB Applications - Teri Lumsden.pdf 11-13-23 - CAB Applications - Angie Kociolek.pdf 16 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 12 of 15 11-17-23 - CAB Applications - Dan Fenn.pdf 04:50:51 Motion to appoint Dan Fenn, Teri Lumsden and Madisynn Weber to the Urban Parks and Forestry Board for terms ending December 31, 2025, and I move to appoint Dan Fenn as Chair, and Alice Stanley as Vice-chair. Terry Cunningham: Motion Douglas Fischer: 2nd 04:51:28 Vote on the Motion to appoint Dan Fenn, Teri Lumsden and Madisynn Weber to the Urban Parks and Forestry Board for terms ending December 31, 2025, and I move to appoint Dan Fenn as Chair, and Alice Stanley as Vice-chair. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.6 04:51:43 Appointments to the Downtown Urban Renewal District Board 06-20-23 - CAB Applications - Bobbie Bear.pdf 10-10-23 - CAB Applications - Amy Horton.pdf 10-10-23 - CAB Applications - Sky Cook.pdf 12-05-23 - CAB Applications - George (Jake) Van Dusen.pdf 04:52:49 Motion to appoint Jake Van Dusen one to the Downtown Urban Renewal Board for a term that would expire December 31, 2027. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:53:31 Vote on the Motion to appoint Jake Van Dusen one to the Downtown Urban Renewal Board for a term that would expire December 31, 2027. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 17 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 13 of 15 04:54:10 Motion to appoint Jake Van Dusen as the Chair of the Downtown Urban Renewal District Board for a term expiring June 30, 2027. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:54:24 Vote on the Motion to appoint Jake Van Dusen as the Chair of the Downtown Urban Renewal District Board for a term expiring June 30, 2027. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 04:54:36 Motion to appoint Sky Cook and Amy Horton to at-large positions on the Downtown Urban Renewal District Board for terms which would expire June 30, 2026. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:54:52 Vote on the Motion to appoint Sky Cook and Amy Horton to at-large positions on the Downtown Urban Renewal District Board for terms which would expire June 30, 2026. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.7 04:55:07 Appointments to the Downtown Bozeman Business Improvement District Board Eric Sutherland.pdf Erik Nelson.pdf Mark Kehke.pdf 04:55:13 Motion to appoint two at-large members to the Downtown Bozeman Business Improvement District Board for terms ending June 30, 2027, and those are Eric Sutherland and Erik Nelson and I move to appoint one at-large member to the Downtown Bozeman Business Improvement Board for term ending June 30, 2024, and that's Mark Kehke. 18 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 14 of 15 Terry Cunningham: Motion Jennifer Madgic: 2nd 04:55:42 Vote on the Motion to appoint two at-large members to the Downtown Bozeman Business Improvement District Board for terms ending June 30, 2027, and those are Eric Sutherland and Erik Nelson and I move to appoint one at-large member to the Downtown Bozeman Business Improvement Board for term ending June 30, 2024, and that's Mark Kehke. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 04:55:58 Motion to appoint Eric Sutherland as the Vice-chair of the Downtown Bozeman Business Improvement Board for a term ending June 30, 2027. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:56:12 Vote on the Motion to appoint Eric Sutherland as the Vice-chair of the Downtown Bozeman Business Improvement Board for a term ending June 30, 2027. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None K) 04:56:30 FYI / Discussion Commissioner Fischer spoke in favor of Mayor Andrus's work at todays' Commission Meeting. DM Cunningham stated these meetings act as the Community Kitchen Table and is an opportunity to make room for other folks, listen, and come together in a respectful way. Commissioner Madgic recognized this the Mayor's last full meeting and expressed appreciation for the job Mayor Andrus's has done. Commissioner Coburn thanked Mayor Andrus for her graceful and committed hand at the helm. 19 Bozeman City Commission Meeting Minutes, December 19, 2023 Page 15 of 15 L) 04:59:48 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: August 6, 2024 20 Bozeman City Commission Meeting Minutes, January 9, 2024 Page 1 of 3 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 9, 2024 Present: Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, Assistant City Attorney (ACA) Anna Saverud, Deputy City Clerk (DCC) Alex Newby A) 00:23:35 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:24:40 Pledge of Allegiance and a Moment of Silence Mayor Andrus offered some parting comments and reflections. C) 00:35:28 Swearing in of Newly Elected Officials 00:35:33 Swearing in of Mayor Terence Cunningham 00:36:18 Swearing in of Deputy Mayor Joey Morrison 00:37:09 Swearing in of Commissioner Jennifer Madgic D) 00:38:00 Changes to the Agenda E) 00:38:14 FYI Mayor Cunningham recognized I-Ho Pomeroy Mayor Cunningham recognized former Mayor Cyndy Andrus. Mayor Cunningham will pass around a poll about Advisory Boards F) 00:42:55 Commission Disclosures G) 00:43:10 Consent G.1 Accounts Payable Claims Review and Approval 21 Bozeman City Commission Meeting Minutes, January 9, 2024 Page 2 of 3 G.2 Authorize the City Manager to Sign a Professional Services Agreement with Otis Elevator Company for Stiff Professional Building Elevator Otis Elevator Final Contract.pdf G.3 Authorize the City Manager to sign a Professional Services Master Task Order Agreement with Third Element Inc. to provide on-call electrical contracting services for the City of Bozeman Utilities Department. Utility Dept Oncall Electrical Contractor_MPSA.pdf G.4 Adoption of Resolution 5564 to vacate and abandon City rights-of-way in Tract 1, Lots 1- 3 of the Gardner-Simmental Plaza Subdivision Plat J-5-E.pdf res 5564.docx G.5 Resolution 5568, A Resolution of Intent to Amend the Future Land Use Map of the Bozeman Community Plan 2020, Application 23063 23063 SRX North GPA Application.pdf 23063 SRX North GPA Boundary.pdf 23063 SRX North Resolution of Intent 5567.pdf G.6 Resolution 5570 Authorizing the Use of an Alternative Project Delivery Contract for a Design - Build Firm for Design, Preconstruction, and Construction Services for the Lindley Center Renovation Resolution 5570 - Alternative Delivery Method Lindley Center Renovation.docx 00:43:45 Public Comment on Consent There was no public comment on the Consent agenda. H) 00:44:51 Public Comment 00:45:29 Allison Sweeney commented on the UDC and how citizens interact with the Commission. I) 00:48:56 FYI / Discussion J) 00:49:05 Adjourn to Reception in City Hall Lobby ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk 22 Bozeman City Commission Meeting Minutes, January 9, 2024 Page 3 of 3 PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: August 6, 2024 23 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 23, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff at the Dias: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:33:57 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:35:35 Pledge of Allegiance and a Moment of Silence C) 00:36:26 Changes to the Agenda D) 00:36:30 FYI • Mayor Cunningham announced that Random Acts of Silliness will hold the Winter Bloom Lantern Parade on Feb 10th at the Gallatin Regional Park. February 3rd and 4th there will be workshops at the Bozeman Public Library on how to create Lanterns for the Winter Bloom Lantern Parade. • 00:39:00 CM Mihelich announced the Grand Reopening and Ribbon Cutting of the Bozeman Public Library on Friday, February 2nd from 4 to 6 pm. Bozeman's Ice Rinks at Bogert Park and Southside Park are up and operational. E) 00:39:03 Commission Disclosures There were no disclosures F) 00:39:15 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to sign a Notice of Award and contract documents, once received, to Stream Works, Inc. for the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111 NoticeOfAward_East Gallatin Bank Rest.pdf E Gallatin Bank 2 Solicitation Packet.pdf 24 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 2 of 10 F.3 Authorize City Manager to Enter into Equipment Lease-Purchase Agreement with Caterpillar Financial Services for Two Road Graders and ApproveGovernmental Entity Resolution Authorizing Lease Grader Lease F.4 Authorize the City Manager to Sign the Building Code Enforcement Program Agreed Upon Procedures Engagement Letter for Fiscal Year 2022. City of Bozeman 2023 KCoe Service Agreement (140775).pdf City of Bozeman AUP Engagement Letter 6.30.22 (140775).pdf F.5 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts PSA - Master Task Order - 3B Rehabilitation Services - Compiled.pdf PSA - Master Task Order - Armitage Electric - Compiled.pdf PSA - Master Task Order - Bozeman Operations - Compiled.pdf PSA - Master Task Order - Constructive Solutions Inc - Compiled.pdf PSA - Master Task Order - Door Guys - Compiled.pdf PSA - Master Task Order - Elkhorn Commissioning - Compiled.pdf PSA - Master Task Order - S Conley Sales - Compiled.pdf PSA - Master Task Order - Standard Electric - Compiled.pdf PSA - Master Task Order - TD&H Engineering - Compiled.pdf PSA - Master Task Order - Yellowstone Pavement Solutions - Compiled.pdf F.6 Authorize the City Manager to Sign a Professional Services Agreement with Ayres Associates, Inc. for Digital Orthoimagery and LiDAR Acquisition project. Attachment A - Digital Orthoimagery and LiDAR Acquisition RFP.pdf Attachment B - Professional Services Agreement with Proposal and Budget.pdf F.7 Authorize the City Manager to sign Amendment No. 2 to Task Order No. 1 of the Professional Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing construction engineering services for the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111 Amendment No 2_East Gallatin River Bank 2.pdf F.8 Resolution 5540 / Intent to Modify Special Improvement Lighting District 772 to include all phases of Blackwood Groves Resolution 5540-Intent to Modify SILD 722-Blackwood Groves.docx Exhibit A.pdf Exhibit B.pdf F.9 Resolution 5554, Authorizing a Change Order Number One with Blanton Construction, LLC for the Aspen Street Bridge Resolution 5554 Change Order 1 - Aspen Street Ped Bridge.pdf Change Order 1 - Aspen Street Ped Bridge_20240105.pdf F.10 Resolution 5566 Authorizing Change Order No. 1 with Roset and Associates for the Sand Interceptor in the Equipment Storage Building ? Solid Waste Building Remodel and Garage Addition Project Change Order #1 Resolution 5566 Solid Waste Facility Remodel CO-1 F.11 Resolution 5571 Intent to Create a Special Improvement Lighting District 783 for Phases A & C of Sundance Minor Subdivision Resolution 5571-Intent to Create SILD 783.docx Exhibit A.pdf Exhibit B.pdf 25 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 3 of 10 F.12 Ordinance 2114 Final Adoption to Establish a Zoning Designation of R-3 (Residential Medium Density District) in Association with the Annexation of 1.17 Acres, the South 3rd Annexation, Application 21161 2913-00821 11x17 ZMA 4-11-22.pdf 21161 South 3rd ZMA Ordinance 2114.pdf F.13 Ordinance 2120 Final Adoption to Establish an Initial Zoning Designation of B-2M (Community Business-Mixed District) in Association with the Annexation of 8.55 Acres, the 6590 Davis Lane Annexation, Application 21443 21443 DavisLaneProperty_Annexation&ZoningMap.pdf 21443 6590 Davis Lane ZMA Ordinance 2120.pdf F.14 Ordinance 2135, Final Adoption to Establish an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 86 Acres, the Project Eighty-6 Annexation, Application 22113 04_ProjectEighty-6Annexation_ZMAMap.pdf 22113 Project Eighty-6 ZMA Ordinance 2135.pdf CM Mihelich presented the highlights of the Consent Agenda 00:40:15 Public Comment on Consent There was no Public Comment on Consent and Consent II. 00:40:53 Motion to approve Consent Items 1 - 14 as submitted. Joey Morrison: Motion Christopher Coburn: 2nd 00:41:05 Vote on the Motion to approve Consent Items 1 - 14 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G) Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2153, Final Adoption to Establish an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 10.071 Acres, the 6730 Davis Lane Annexation, Application 22020 6730 Davis Lane Zone Map.pdf 22020 6730 Davis Lane ZMA Ordinance 2153.pdf 00:41:38 Motion to approve Consent II as submitted. Joey Morrison: Motion Christopher Coburn: 2nd 26 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 4 of 10 00:41:47 Vote on the Motion to approve Consent II as submitted The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Disapprove: Christopher Coburn H) 00:42:08 Public Comment 00:42:46 John Meyer commented on use of personal cellphones for city business, and asked the City to vote on joining the MAID lawsuit and put on pause UDC revisions until that lawsuit is complete. 00:44:58 Anna Shchmelinin commented in opposition to the Bozeman Climate Plan 00:48:01 Yohanna Gamble commented in opposition to the Bozeman Climate Plan. I) 00:50:20 Special Presentation I.1 Triannual Climate Plan Report CM Mihelich introduced City Staff 00:50:36 Staff Presentation Sustainability Program Manager (SPM) Natalie Meyer presented an update on the Bozeman Climate Plan, with 2023 Highlights, Focus Areas & Cross-Cutting Themes, 2020 Bozeman Climate Plan Goals, Department Collaboration, Sustainability Advisory Board Topics, Healthy, Adaptive & Efficient Buildings, Responsible & Reliable Renewable Energy Supply, Vibrant & Resilient Neighborhoods, Diverse & Accessible Transportation Options, Comprehensive & Sustainable Waste Reduction, Regenerative Greenspace, Food Systems & Natural Environment, and Conclusion. J) 01:09:07 Action Items J.1 Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2023 and Audit Results 2023 Issued Governance Letter.pdf City of Bozeman ACFR_ISSUED 2023 06 30.pdf Management-Corrective Action Plan.pdf 01:09:14 CM Mihelich introduced the Action Item J.1 CM Mihelich introduced City Staff. 01:09:55 Staff Presentation Financial Director (FD) Melissa Hodnett presented the FY2023 Financial Statement and Single Audit. Senior Audit Manager at Eide Bailly, Janeen Hathcock, presented the Independent Auditor's Report, Financial Position, Schedule of Net Position, Changes in Net Position, Net Position Trends, Significant Note Disclosures, Results, Upcoming GASB Implementations, Single Audit Report, Report on Financial 27 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 5 of 10 Statement Internal Controls, Uniform Guidance Report, SEFA, Summary of Auditor's Results, Summary of Finding 2023-001, and Communication with Governance. FD Hodnett continued the presentation: Internal Control Definition & Purpose, Comprehensive Framework of Internal Control, Control Environment, Risk Assessment, Control Activities, Information & Communication, Monitoring, Management Response - Corrective Action Plan, and Overall Audit Results & Impacts. 01:31:22 Questions of Staff and Auditor 01:36:40 Public Comment on Action Item J.1 There were no public comments on Action Item J.1 01:36:58 Motion to approve the Fiscal Year 2023 Annual Comprehensive Financial Report, the accompanying Letter of Governance, and Corrective Action Plan. Christopher Coburn: Motion Jennifer Madgic: 2nd Discussion 01:40:27 Vote on the Motion to approve the Fiscal Year 2023 Annual Comprehensive Financial Report, the accompanying Letter of Governance, and Corrective Action Plan. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Disapprove: None Commissioner Fischer was unable to vote as a result of a failure of the remote access connection. 01:40:47 Mayor Cunningham called the meeting to recess 01:46:52 Mayor Cunningham called the meeting back into order J.2 01:46:57 Annexation Application 23127 Requesting Annexation of Approximately 40.12 Acres and Adjacent Right of Way for Hidden Valley Road and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District). Subject Site is Located East and South of Hidden Valley Road About One-Quarter Mile East of Harper Puckett Road, Application 23127. 23127 Harper's Corner Annx-CC SR.pdf 01:47:03 CM Mihelich introduced Action Item J.2 CM Mihelich introduced City Staff. 01:48:31 Staff Presentation 28 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 6 of 10 Associate Planner (AP) Elizabeth Cramblet presented Harper's Corner Annexation & Zone Map Amendment; Application 23127, Aerial Maps and explanation of zoning in the area, Resolution 5076 Annexation Goals & Policies, Public Comment and Protest Letters have been received, Recommendation, and Public Notice. 01:59:45 Questions of Staff 02:19:36 Applicant Presentation Applicant John Knoke presented the reasoning and history behind his families petition, Harpers Corner is recommended by the Planning Office and empowers Bozeman's Community Plan. He presented why the applicant thinks this project benefits the city. 02:33:00 Questions of Applicant 02:44:27 Public Comment on Item J.2 02:45:15 Sally Kelsey commented in opposition to the proposed project. 02:48:05 Deanna Campbell commented in opposition to the proposed project. 02:51:17 Christine Beamer commented in opposition to the proposed project. 02:52:15 Braydon Beamer commented in opposition to the proposed project. 02:54:46 Darby Peroni commented in opposition to the proposed project. 02:56:41 Mary Seed commented in opposition to the proposed project. 02:58:24 Eileen Guthrie commented in opposition to the proposed project. 02:59:52 John Marcello commented in opposition to the proposed project. 03:01:15 Dale Lillejard commented in opposition to the proposed project. 03:04:52 Shannon Vidmar commented in opposition to the proposed project. 03:05:55 Marcia Kaveney commented in opposition to the proposed project. 03:08:40 Gary Fox, Civil Engineer on the project with WGM Group commented in support of the proposed project. 03:10:43 Del Richter commented in opposition to the proposed project. 03:14:28 Tom Maveson commented in opposition to the proposed project. 03:16:37 Greg Vidmar commented in opposition to the proposed project. 29 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 7 of 10 03:19:58 Ray Seed commented in opposition to the proposed project. 03:22:48 Staff Clarification 03:24:00 Applicants Rebuttal 03:27:16 Motion to approve City Commission Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23127 and move to approve the Harper's Corner Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Jennifer Madgic: Motion Douglas Fischer: 2nd Discussion 03:37:11 Vote on the Motion to approve City Commission Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23127 and move to approve the Harper's Corner Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic 03:37:30 Motion to approve City Commission Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Jennifer Madgic: Motion Douglas Fischer: 2nd Discussion 04:02:16 Vote on the Motion to approve City Commission Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff 30 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 8 of 10 report for application 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. The Motion carried 3 - 2. Approve: Terry Cunningham Christopher Coburn Douglas Fischer Disapprove: Joey Morrison Jennifer Madgic 04:03:48 Discussion/Guidance K) 04:13:20 Work Session K.1 Present results of the Gallatin Valley Water and Wastewater Regionalization Feasibility Study Attachment 1 - Executive Summary Technical Information 04:13:41 CM Mihelich presented the Work Session 04:14:18 Staff Presentation City Engineer (CE) Shawn Kotz Presented the Gallatin Valley Water and Wastewater Regionalization Feasibility Study, 2013 Integrated Water Resources Plan Highlights, 2020 Community Plan, Project Drivers - "the Why". 04:21:17 Nate Wisenburger, A2S Consultant Presentation Study Purpose and Goal, Study Planning Area Details, Estimated Gallatin Valley Future Population Growth, Regional Water Supply, Regional Water Challenge, Water Supply Alternatives, Water Results, Wastewater Results, Regional Facility Locations, Estimated Project Costs, Key Cost Considerations, Project Funding Options, Project Benefits, ownership and Governance, Project Roadmap, Workshop Summary CE Shawn Kotz continued the Presentation: Take Home Messages. 04:44:43 Mayor Cunningham extended the meeting to 10:30 pm. 04:44:48 Staff Questions 05:01:38 Mayor Cunningham extended the meeting to 10:45 05:02:10 Public Comment on Work Session 05:02:22 Daniel Carty commented on the Work Session Topic. 05:04:51 Lauryn Hill commented on the Work Session topic 31 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 9 of 10 05:06:14 Lilly McClane, Gallatin Watershed Council Representative, commented on the Work Session Topic. 05:09:45 Discussion 05:17:40 Mayor Cunningham extended the meeting to 10:50 pm. L) 05:18:39 Appointments L.1 Appointment to the Historic Preservation Advisory Board. 11-08-23 - CAB Applications - Ashley Wilson.pdf 05:18:43 Public Comment There was no public comment 05:19:15 Motion to appoint Ashley Wilson to the Historic Preservation Advisory in the At Large position for a term ending June 30th 2025 Christopher Coburn: Motion Jennifer Madgic: 2nd 05:19:27 Vote on the Motion to appoint Ashley Wilson to the Historic Preservation Advisory in the At Large position for a term ending June 30th 2025 The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None M) 05:19:46 FYI / Discussion N) 05:19:54 Adjournment Choose a building block. ___________________________________ Terry Cunningham Mayor ATTEST: 32 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 10 of 10 ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: August 6, 2024 33 Bozeman City Commission Meeting Minutes, July 16, 2024 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 16, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff at the Dias: Interim City Manager (ICM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:23:55 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:25:43 Pledge of Allegiance and a Moment of Silence C) 00:26:33 Changes to the Agenda D) 00:26:45 Public Service Announcements D.1 DCC Newby announced: The Local Government Center from MSU Extension is Providing Resources to Local Government Review Studies E) 00:27:45 FYI ICM Winn shared the Municipal Water Supply Report and details about the Full Median Closure on Flanders Mill and Oak Pilot Project F) 00:29:44 Commission Disclosures There were no Commission Disclosures. G) 00:29:52 Consent G.1 Accounts Payable Claims Review and Approval G.2 Approve the Jarrett Major Subdivision Preliminary Plat Findings of Fact and Order; Application 23072 23072 Jarrett PP FOF CC D Staff Report 07 10 24.pdf 002 Pre-Plat SHEET 2 PRELIMINARY PLAT.pdf G.3 Approve the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Application 23295 34 Bozeman City Commission Meeting Minutes, July 16, 2024 Page 2 of 6 23295 FF II PP MOD CC staff rpt.pdf 010 - Appendix A.8 Green Plan.pdf G.4 Approve the Nexus Point Major Subdivision Final Plat; Application 23126 22126 NexusPoint FP CC memo.pdf 031 Final Plat Lot Layout.pdf City Atty certificate.pdf G.5 Authorize the City Manager to Sign an Agreement for the Distribution of Metropolitan Planning (PL) Funds Agreement for the Distribution of Metropolitan Planning (PL) Funds with Montana Department of Transportation for Planning Activities of the Gallatin Valley Metropolitan Planning Organization.pdf G.6 Authorize the Mayor to Sign an Amendment One for the Montana State Historic Preservation Office Certified Local Government Program Grant Complete_with_Docusign_MT-24-012_SHPO_CLG_Co.pdf 00:30:09 City Manager Introduction ICM Winn gave the Consent Highlights 00:31:06 Public Comment on Consent 00:31:15 HRDC Transportation Director Sunshine Ross commented in support of the MPO and Public Transportation. 00:33:43 Motion to approve Consent Items 1-6. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:33:58 Vote on the Motion to approve Consent Items 1-6. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H) 00:34:21 Public Comment 00:35:14 Maggie Harrison commented on in opposition to the Fowler Avenue Connection. 00:37:20 Patty Dickerson commented in opposition to the Fowler Avenue Connection. 00:40:27 Carla Jazinski commented in opposition to the Fowler Avenue Connection. 00:42:41 John Kaiser commented in opposition to projects that have fewer parking spaces than bedrooms. 35 Bozeman City Commission Meeting Minutes, July 16, 2024 Page 3 of 6 00:45:34 Alison Sweeney commented in favor of limiting parcel assembly. 00:46:45 Natsuki Nakamura commented in opposition to undignified housing. I) 00:49:38 Special Presentation I.1 Bozeman Landmark Program, application 22388 00:49:52 ICM Winn introduced the Staff 00:50:28 Staff Presentation Historic Preservation Officer (HPO) Sarah Rosenberg presented the Historic Preservation Policy & Landmark Program, Historic Preservation Program Context, Why are we undertaking this project? Project Consultant Team, Project Scope, Community Engagement, Community Survey, Conclusion. J) 01:04:51 Action Items J.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of REMU on 2.705 Acres, the 2320 West Babcock Annexation; the Property is Addressed at 2320 West Babcock, Application 24106 24106 2320 W Babcock_Annex_ZMA CC SR.pdf 01:04:58 ICM Winn Introduced the Action Item 01:05:20 Staff Presentation City Planner (CP) Tom Rogers presented the 2320 West Babcock Zone Map Amendment; No. 24106, Current Existing Zoning, Resolution 5076 Annexation Goals & Policies, Section 76-2-304, Montana Code Annotated Zoning Criteria of Evaluation, Public Notice, Public Comment, Recommendation. 01:16:58 Questions of Staff 01:27:51 Applicant Presentation Ethan Cote presented the 2320 West Babcock Annexation and ZMA, Relation to City Planning Area, Neighborhood Overview, Access to City Services, Land Use, Urban Neighborhood Designation, Residential Emphasis Mixed-Use (REMU), Adjacent Zoning, Spot Zoning, REMU Zoned Properties Under the 5-Acre Minimum Recommendation, Growth Policy Goals, Public Comments, Conclusion. 01:39:30 Question of the Applicant 01:40:20 Public Comment 01:40:30 Marcia Kaveney commented in support of maximum setbacks from the waterway on this project. 01:42:07 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24106 and move to approve the 2320 West Babcock Zone Map Annexation, subject to the terms of annexation and direct the staff to prepare an annexation agreement. 36 Bozeman City Commission Meeting Minutes, July 16, 2024 Page 4 of 6 Joey Morrison: Motion Emma Bode: 2nd Discussion 01:45:10 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24106 and move to approve the 2320 West Babcock Zone Map Annexation, subject to the terms of annexation and direct the staff to prepare an annexation agreement. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 01:45:26 Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the zoning commission and all information presented, I hereby adopt the findings presented in the staff report for application 24106 and move to approve the 2320 West Babcock Zone Map Amendment, with contingencies of approval necessary to complete adoption of an implementing ordinance. Joey Morrison: Motion Emma Bode: 2nd Discussion 01:53:14 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the zoning commission and all information presented, I hereby adopt the findings presented in the staff report for application 24106 and move to approve the 2320 West Babcock Zone Map Amendment, with contingencies of approval necessary to complete adoption of an implementing ordinance. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 37 Bozeman City Commission Meeting Minutes, July 16, 2024 Page 5 of 6 01:53:36 Mayor Cunningham called the meeting into recess 02:00:23 Mayor Cunningham called the meeting into session. K) 02:00:29 Work Session K.1 Fowler Avenue Connection 30% Design Review ICM Winn introduced the Work Session 02:00:31 Staff Presentation Director of Transportation and Engineering (DTE) Nick Ross presented the Fowler Avenue Huffine Lane to Oak Street 30% Design Review, Project Background, Project Timeline, Community Engagement, What We Heard, What We Changed, Pre-Design Environmental Investigation, Continuing Environmental Investigation, Conditions for Design Phase, Pre-Design Outcomes, 30% Design Review, Oak to Durston, Durston to Babcock, Babcock to Huffine, Cost Estimate and Funding, Thoughts & Themes, Policy Discussion, Connection of Local Streets, Continuous Shared Use Path, Allocation of Space (Oak to Durston), Conclusion. 02:41:38 Questions of Staff 03:55:55 Public Comment 03:56:27 Anne Geronimo commented in opposition to the Fowler Avenue Connection Project. 03:59:12 Zerah Osman commented on multiple design aspects of the Fowler Connection Plan. 04:03:50 Marcia Kaveney commented on tree loss in recent Bozeman development. 04:07:05 Daniel Carty commented on the protection of existing trees. 04:09:40 Allison Sweeney commented on many design points in the Fowler Connection project. 04:12:17 Adrienne Wallace commented in hopeful support of the city's Sustainability plan. Mayor Cunningham extended the meeting to 10:15. 04:14:47 Adam Johns from Gallatin Valley Land Trust commented on the Mainstreet to Mountains Trails system and in support of the Fowler Connection project. 04:17:05 Kathy Kostakis commented on safe walkable, bike-able cities. 04:20:07 Natsuki Nakamura commented on several aspects of the Fowler Connection design. 04:21:50 Kevin Thane asked the Commission to look at this project through the lens of affordable housing. 04:24:45 Commission Discussion/Direction 38 Bozeman City Commission Meeting Minutes, July 16, 2024 Page 6 of 6 Mayor Cunningham extended the meeting to 10:30 Mayor Cunningham extended the meeting to 10:40. Mayor Cunningham extended the meeting to 10:50. Mayor Cunningham extended the meeting to 11:00. L) 05:16:22 FYI / Discussion M) 05:16:24 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: August 6, 2024 39 Memorandum REPORT TO:City Commission FROM: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:August 6, 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 July 31st, 2024 and August 7th, 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: June 17, 2024 40 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Approval of Depository Bonds and Pledged Securities as of June 30, 2024 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the depository bonds and pledged securities as of June 30, 2024. 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: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. 41 Section 7-6-207 (2), MCA, requires the City Commission to approve pledged securities at least quarterly. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0624.pdf Report compiled on: July 10, 2024 42 DEPOSITORY BONDS AND SECURITIES AS OF June 30, 2024 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 7/12/2024 572841 $ 20,000,000.00 TOTAL – US Bank $ 20,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 2024, by the banks of Bozeman and approve and accept the same. _____________________________________________ TERENCE CUNNINGHAM, Mayor _______________________________________ _______________________________________ JOEY MORRISON, Deputy Mayor JENNIFER MADGIC, Commissioner _______________________________________ _______________________________________ DOUGLAS FISCHER, Commissioner EMMA BODE, Commissioner 43 PLEDGED SECURITIES AND CASH IN BANK As of June 30, 2024 US BANK Total Cash on Deposit $3,032,098.26 FDIC Coverage $250,000.00 Amount Remaining $2,782,098.26 Pledges Required 104% $2,893,382.19 Actual Pledges $20,000,000.00 Over (Under) Pledged $17,106,617.81 REFERENCE: Section 7-6-207, M.C.A. 44 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner, Development Division Brian Krueger, Manager, Development Division Erin George, Interim Director, Community Development SUBJECT:Approve the Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification, Application 23295 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; application 23295. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission on July 16, 2024 approved, on consent agenda, the Ferguson Farms II Major Subdivision Preliminary Plat Modification, application 23295. This Findings of Fact and Order staff report reflects the Commission's conditional approval of the application. This is a request to modify the April 4, 2023 approved Preliminary Plat of the Ferguson Farms II major subdivision (Project No. 19027). The purpose of the modification is to retain the Maynard Border Ditch irrigation facility at its current location rather than moving it 30 feet to the west as was originally shown in the approved Preliminary Plat (PP). This need to retain the ditch in its current location was not realized by the Applicant at the March 7, 2023 PP review and approval. Subsequent and more detailed study of the ditch by the Applicant’s consultant resulted in the recommendation to retain the channel in place. As a result of the reconfiguration of the west side of the PP, 4 public open space lots would be enlarged. The total lots in the 31 acre subdivision would be reduced as follows: From 72 lots consisting of 49 commercial lots, 9 parking lots, 14 open space lots and roads and alleys to a total of 67 lots consisting of 42 commercial lots, 10 parking lots, 15 open space lots and roads and alleys. 45 Apart from the retention of the ditch in place, enlargement of the open space lots along the ditch channel and the reduction in the number and size of lots west of Ravalli Street, the lot size and configurations east of Ravalli Street remain the same. The property (“Site”) lies within an Urban Mixed Use (UMU) zoning district and has a preliminarily approved Ferguson Farms II Planned Unit Development (PUD) overlay (Project No. 19028). The Ferguson Farms II Preliminary PUD will be deemed a “Legacy PUD”, pursuant to the Bozeman Municipal Code (BMC) Section 38.440, when the Final PUD plan is submitted by the Applicant and approved by the Director of Community Development. UNRESOLVED ISSUES:The Preliminary Plat is conditioned on the approval of the Final PUD by the Director of Community Development. ALTERNATIVES:None suggested. FISCAL EFFECTS:There will be increased property tax revenue associated with development of this subdivision along with increased costs to provide municipal services to that property. Attachments: 23295 Ferguson Farms II Prelim Plat MOD CC FOF staff rpt.pdf Report compiled on: July 17, 2024 46 Finding of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project # 23295 Page 1 of 39 Ferguson Farms II Major Subdivision Preliminary Plat Modification Finding of Fact and Order; Application No. 23295 Public Meeting Dates: The Community Development Board, acting in their capacity as the Planning Board, held a public meeting on the Ferguson Farms II Major Subdivision Preliminary Plat Modification on July 1, 2024 at 6:00 P.M. in the City Hall Commission Room. On consent agenda, the Board unanimously, 6 to 0, adopted the following Motion for the project. Having reviewed and considered the application materials, staff report, public comment, and all the information presented, I move to recommend approval of Application 23295, the Ferguson Farms II Major Subdivision Preliminary Plat, as modified, with the staff- recommended conditions and subject to all applicable code provisions. There was no discussion on the project by the Board, although there was one question: “Will this project be required to meet the new water conservation standards for landscaping?” Staff responded that the project achieved “adequacy” (that the materials for the application are complete and are sufficient in information in order for the City to make a decision on the project) prior to the effective date of the water conservation ordinance so the Applicant is not required to meet those standards. [The project was deemed complete/adequate for further review on June 12th and the water conservation ordinance became effective on June 15, 2024.] The City Commission public meeting on this application 23295 was held on July 16, 2024 at 6:00 P.M. in the City Hall Commission Room. On the consent calendar, the Commission approved the following Motion included in the staff report: Having reviewed and considered the application materials, staff report, public comment, Planning Board recommendation, and all the information presented, I move to approve Application 23295, the Ferguson Farms II Major Subdivision Preliminary Plat, as modified, with the staff-recommended conditions and subject to all applicable code provisions. The City Commission meeting on this Finding of Fact and Order for the Ferguson Farms II Preliminary Plat Modification is scheduled for the August 6, 2024 City Commission consent calendar. The Suggested Motion is as follows: Having reviewed and considered the application materials, staff report, public comment, Planning Board recommendation, and all the information presented, I move to approve the Findings of Fact and Order for Application 23295, the Ferguson Farms II Major Subdivision Preliminary Plat, as modified, with the staff-recommended conditions and subject to all applicable code provisions. 47 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 2 of 39 Modification Project Summary: This is a request to modify the April 4, 2023 approved Preliminary Plat of the Ferguson Farms II major subdivision (Project No. 19027). The purpose of the modification is to retain the Maynard Border Ditch irrigation facility at its current location rather than moving it 30 feet to the west as was originally shown in the approved Preliminary Plat (PP). This modification results in the reconfiguration of lots west of Ravalli Street and the increase in the size of the public open space lots by 2.2 acres. In retaining the ditch in its current location, 4 of the buildable lots on the west side of the ditch would be removed and others would be re- sized. This need to retain the ditch in its current location was not realized at the March 7, 2023 PP review and approval. Subsequent and more detailed study of the ditch by the Applicant’s consultant resulted in the recommendation to retain the ditch in place. As a result of the configuration of the west side of the PP, four public open space lots would be enlarged as is shown in Figures 8 and 9 below. The total lots in the 31 acre subdivision would be reduced as follows: • From 72 lots consisting of 49 commercial lots, 9 parking lots, 14 open space lots and roads and alleys; • To a total of 67 lots consisting of 42 commercial lots, 10 parking lots, 15 open space lots and roads and alleys. • Off-site improvements include a shared-use pathway along the Site’s perimeter, a bus shelter, and roads and water and sanitary sewer facilities to serve the development. Apart from the retention of the ditch in place, enlargement of the open space lots along the ditch channel and the reduction in the number and size of lots west of Ravalli Street, the lot size and configurations east of Ravalli Street remain the same. The property (“Site”) lies within an Urban Mixed Use (UMU) zoning district and has a preliminarily-approved Planned Unit Development (PUD) overlay (Project No. 19028). The Ferguson Farms II Preliminary PUD will be deemed a “Legacy PUD”, pursuant to the Bozeman Municipal Code (BMC) Section 38.440, if and when the Final PUD plan is approved by the Director of Community Development. Project Legal Description: Lot 5 of Minor Subdivision No. 295 located in the SW ¼ of Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Project Location: 4250 Fallon Street located at the northwest corner of Ferguson Avenue and Huffine Lane, south of Fallon Street and east of Resort Street. Development Review Committee (DRC) Finding: The June 5, 2024 revised Ferguson Farms II Preliminary plat modification Major Subdivision Modification application conforms to 48 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 3 of 39 standards and is sufficient for approval with conditions and code provisions. The application was deemed adequate for further review on June 12, 2024. Report Date: July 2, 2024 Staff Contact: Susana Montana, Senior Planner Cody Flammond, Project Engineer Agenda Item Type: Consent (Quasi-judicial) EXECUTIVE SUMMARY Project Summary This report is based on the June 5, 2024 revised submittal of the Ferguson Farms II Preliminary Plat Modification application, and any public comment received to date. The application materials are available in the City and may be accessed through the Community Development viewer. The property owner/applicant submitted a major subdivision preliminary plat modification application to create 67 lots from a 31-acre parcel (“Site”). The Site consists of 42 commercially buildable lots, 10 parking lots,15 open space lots and public streets and alleys. Pursuant to State Statute Section 76-3-616 Montana Code Annotated (MCA), the final decision for a Major Subdivision Preliminary plat modification with more than 50 lots must be made within 80 working days of the date it was deemed adequate/sufficient for further review. The Development Review Committee (DRC) deemed the application adequate for continued review on June 12, 2024. Pursuant to the Bozeman Municipal Code (BMC) Section 38.240.130, the City Commission shall approve, conditionally approve or deny the subdivision application by October 4, 2024, unless there is a written extension from the developer, not to exceed one year. A public hearing is not required for this application. Public notice posting the property and first class mailing to adjacent property owners began June 14, 2024 and ended July 16, 2024 at the Commission meeting. One public comment has been received to date. Unresolved Issues Unresolved issues at this Preliminary plat modification stage, such as those related to trails, streets, agricultural water facilities, and easements, would be resolved with the Final Plat application which must satisfy the recommended preliminary plat modification conditions of approval and all relevant Bozeman Municipal Code (BMC) provisions. However, this subdivision does not meet the standards of the underlying UMU (Urban Mixed Use) zoning designation and cannot be approved without the separate and first approval of the companion Ferguson Farms II Final Planned Use Development (PUD) application. This limitation is a condition of approval of this Preliminary plat modification. The Preliminary PUD application was approved by the City 49 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 4 of 39 Commission on March 7, 2023. The Preliminary PUD (P-PUD) must be followed up by an application submittal and approval of a Final PUD which must be recorded with the Gallatin County Clerk and Recorder before a Ferguson Farms II Subdivision Final Plat can be approved and recorded with the Clerk and Recorder. The recording of the Final PUD will enable the subdivision to meet and be consistent with lot size, street design and other design parameters of the PUD. This Preliminary Plat Modification submittal was reviewed for consistency with the March 7, 2023 Ferguson Farms II Preliminary PUD and was found to conform with the provisions and approved relaxations of the P-PUD and conforms with the remaining provisions and standards of Chapter 38 of the Bozeman Municipal Code (BMC). Alternatives 1. Approve the Findings of Fact and Order with the staff-recommended conditions; 2. Approve the Findings of Fact and Order with modifications to the staff-recommended conditions; 3. Deny the Findings of Fact and Order application based on the findings of non-compliance with the applicable BMC criteria noted in the staff report; or 4. Continue the public meeting on the application to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. 50 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 5 of 39 Table of Contents EXECUTIVE SUMMARY ............................................................................................................ 3 Project Summary ................................................................................................................. 3 Unresolved Issues ............................................................................................................... 3 Alternatives ......................................................................................................................... 4 Table of Contents ............................................................................................................................ 5 SECTION 1 - MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................... 17 SECTION 3 – PRELIMINARY PLAT MODIFICATION RECOMMENDED CONDITIONS OF APPROVAL ........................................................................................................................... 17 SECTION 4 - CODE PROVISIONS ............................................................................................ 22 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 24 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 24 Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. ........................... 24 SECTION 7 - FINDING OF FACT, ORDER AND APPEAL PROVISIONS …………………37 APPENDIX A – NOTICING AND PUBLIC COMMENT ......................................................... 39 APPENDIX B - OWNER INFORMATION ................................................................................ 39 ATTACHMENT LINKS .............................................................................................................. 39 51 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 6 of 39 SECTION 1 - MAP SERIES Figure 1. Location Map 52 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 7 of 39 Figure 2. Zoning Map; Site is Urban Mixed Use (UMU) County Regional Park 53 Finding of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project # 23295 Page 8 of 39 Figure 3: Community Plan Future Land Use Map—Community Commercial Mixed Use Site 54 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 9 of 39 Figure 4. Site Existing Conditions Map 55 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 10 of 39 Figure 5: Existing Conditions showing brown areas of “nonwetland forested riparian (Rp1FO)”. 56 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 11 of 39 Figure 6: Maynard Border Ditch through the Site Skybridge alignment in red, east of the Ditch 57 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 12 of 39 Figure 7: March 7, 2023 approved Preliminary Plat (Project 19027) 58 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 13 of 39 Figure 8: Proposed Preliminary Plat Modification (Project 23295) Cross hatch areas indicate parking areas. Condo garages denoted by 15 open space lots 59 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 14 of 39 Figure 9: Proposed Preliminary plat Modification Open Space Plan 60 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 15 of 39 Figure 10: Preliminary Plat Modification Phasing Plan 61 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 16 of 39 Figure 11: Ferguson Farms II Land Use Map 62 Finding of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project # 23295 Page 17 of 39 SECTION 2 – REQUESTED VARIANCES The Applicant seeks no subdivision variances because the Applicant is seeking approval of a Final Planned Unit Development (PUD) that would grant 24 of the originally requested 26 deviations and waivers from Bozeman Municipal Code (BMC) land use, design and development standards. The proposed Preliminary Planned Unit Development (P-PUD) was approved on March 7, 2023 and a Final PUD must be approved and recorded with the County Clerk and Recorder prior to consideration for approval of a Final Ferguson Farms II Subdivision in order for the lots therein to meet the zoning standards of the PUD and of the Bozeman Municipal Code (BMC) [see Condition of Approval No. 1]. The approved P-PUD, Project No. 19028, includes 24 of the 26 requested deviations/relaxations from the BMC that are loosely grouped as: (1) Allowing various commercial uses as principal uses that are conditional or are not otherwise permitted in the UMU district per Tables 38.310.040.A through E; (2) exemption from the Section 38.310.050 requirements for (a) a mix of uses within each site plan; (b) the 70% maximum gross square footage limitation for a single use, such as office, for the entire Site; and (c) the requirement that a minimum of 70% of the ground level block frontages must be occupied by a specific ratio of non-residential uses; (3) exemption from the ground floor commercial space requirements of 38.330.010.E.2; (4) building height increases over the 60’ maximum for the UMU district per Table 38.320.050 to 90’ and 6 stories throughout the Site; (5) exemption from minimum and maximum number of parking requirements of 38.330.010.F and 38.540 and 38.550; (6) Tables 38.540.050-1 through 3 and exemption from the requirement that bicycle racks must be located within 100 feet from the building serves per 38.540.050.A.4.b; (7) alternate on-street parking layouts to allow angled back-in parking spaces; (8) alternate Block Frontage designations and setback relaxations per 38510.030.L; (9) landscaping and tree planting exemptions per 38.550; and (10) building front setback relaxations per 38.510. SECTION 3 – PRELIMINARY PLAT MODIFICATION RECOMMENDED CONDITIONS OF APPROVAL The following conditions of approval and code provisions are offered to satisfy City and relevant State requirements as well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision. The conditions of approval are in addition to any required code provisions identified in this report. The conditions are specific to the preliminary plat modification application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are deemed reasonably related and roughly proportionate to the development of this subdivision. (1) This Preliminary plat modification does not meet current UMU zoning and Bozeman Municipal Code (BMC) land use, design and development standards. These deficiencies, 63 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 18 of 39 deviations and waivers are included in the approved proposed Ferguson Farms II Preliminary Planned Unit Development (P-PUD) application, Project No. 19028. A Final PUD must be administratively approved by the Director of Community Development and recorded with the County Clerk and Recorder before the Final Plat for this subdivision may be approved by the City Commission. (2) BMC 38.400.090. Prior to approval of the Final Plat, the Applicant shall record proper legal lot access easements and a deed restriction for the following 6 lots to provide adequate legal and physical access to public or publicly accessible streets or alleys: Lot 1B, Block 8; Lots 1B and 1C, Block 3; Lots 1B and 1C of Block 7; and Lot 4 of Block 6. (3) The Applicant must execute and record the applicable Special Improvement District (SID) waivers and a copy of the recorded waiver document shall be submitted to the Director of Transportation and Engineering prior to Final Plat approval. When approved, 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 Ferguson Avenue between Huffine Lane and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b) Street improvements to Huffine Lane between Cottonwood Road and Fowler Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c) Street improvements to Fallon Street between Cottonwood Road and Ferguson Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d) Street improvements to Ravalli Street between Fallon Street and Ferguson Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e) Street improvements to Resort Drive between Huffine Lane and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f) Intersection improvements at Ravalli Street and Fallon Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g ) Intersection improvements at Resort Drive and Fallon Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h) Intersection improvements at Ferguson Avenue and Fallon Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i) Intersection improvements at Ferguson Avenue and Huffine Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j) Intersection improvements to Resort Drive and Huffine Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. k) Intersection improvements to Cottonwood Road and Fallon Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. l) Intersection improvements to Resort Drive and Babcock Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 64 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 19 of 39 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 combination thereof. The applicant must provide a copy of the filed SID waiver to the City Engineer prior to Phase 1 final plat approval. (4) Prior to Phase 1 final plat approval, 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 all of the streets in the subdivision including snow removal, pavement maintenance, and all other maintenance functions of the streets." (5) The Applicant must identify the 100-year flood hazard area on the Final Plat prior to Phase 1 Final Plat approval. (6) Parking lots providing primary access and parking for multiple lots must be constructed prior to the corresponding final plat phase approval. (7) The Final Plat Condition of Approval block on Plat Page 4 shall have a condition that reads: "Due to known high groundwater in the area, no basements are permitted with future development of the site. No crawl spaces are permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to release of a building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets where it may create a safety hazard for pedestrians and vehicles.” (8) The Final Plat Conditions of Approval block on Page 4 shall include the following condition of approval: "The back-in angled parking is to be maintained by the property owners' association, which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angle parking spaces." (9) The following condition of approval must be included on the Conditions of Approval block on Page 4 of the plat. "Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman 65 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 20 of 39 Modifications to the Montana Public Works Standard Specifications per Bozeman Municipal Code requirements." (10) This subdivision provides a sidewalk along the bordering public streets as well as along internal streets. Prior to Final Plat approval, the Applicant must provide an easement for the portion of the proposed eight-feet wide, paved shared use trail that exists outside of the public right-of-way. The Class I shared use trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet, an 8-foot wide Class I trail shall be installed along the Fallon Street frontage, and a 10-foot wide Class I trail shall be installed along the Resort Drive frontage concurrent with any first phase construction of this subdivision. (11) The following condition of approval must be added to the Conditions of Approval block on Plat Sheet 4 prior to Final Plat approval: "The Property Owners Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right-of-way." (12) The following language must be added to the covenants, conditions, and restrictions document prior to Final Plat approval. "The Property Owners Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right-of-way. The City will return the land to a finished grade but will not be responsible for any repair or replacement of any special surface finishes." (13) Prior to Phase 1 Final Plat approval, a separate left hand turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue must be installed. Improvements must satisfy all City of Bozeman design standards. All installed improvements must be formally accepted by the City prior to Phase 1 Final Plat approval. (14) Prior to Phase 1 Final Plat approval, Ferguson Avenue must be reconstructed in order to provide a two-way left turn lane from the intersection of Huffine Lane through Fallon Ave. Improvements must satisfy all City of Bozeman design standards and must include bicycle and pedestrian facilities. All installed improvements must be formally accepted by the City prior to Phase 1 Final Plat approval. (15) Prior to Phase 1 final plat approval, the applicant must install a right hand deceleration turn lane on Huffine Lane at Brookfield Ave, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Phase 1 Final Plat approval. 66 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 21 of 39 (16) Prior to Phase 2 final plat approval, the applicant must install a right hand deceleration turn lane on Huffine Lane at Resort Drive, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Phase 2 Final Plat approval. (17) The applicant must provide the necessary additional right-of-way for a separate left turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue per BMC 38.400.060. (18) The Final Plat submittal must contain the updated flood hazard evaluation which must be provided with an infrastructure review and include the post-developed basin exhibit and channel dimensions for the Maynard Border Ditch. (19) The Applicant must provide the necessary additional right-of-way for a separate left turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue prior to Final Plat approval. (20) Prior to Final Plat approval, the Applicant must provide a utility exhibit that shows the proposed layout of the subdivision's water, sewer, stormwater, and other relevant utilities that satisfies the City’s engineering design standards and specifications policy (DSSP). If additional easement or right-of-way is required to satisfy DSSP requirements with the updated utility layout, the necessary right-of-way or easement must be provided prior to Final Plat approval. (21) The Applicant must add a note to the conditions of approval sheet of the Final Plat which states the following: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public right-of- way must be maintained by the property owners' association (Insert Final Property Owners Association Name as recorded in the CC&Rs)”. (22) The Applicant shall provide a full Design Report for Water, Sewer and Stormwater for this project, including all the appendices, with the final plat submittal. (23) The subdivisions stormwater maintenance plan must clearly state the following condition: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public right-of-way will be maintained by the property owners' association (Insert Final Property Owner's Association Name as recorded in the CC&Rs)." 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. 67 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 22 of 39 SECTION 4 - CODE PROVISIONS 1. The Final Plat must comply with State statute, Administrative Rules of Montana, the Bozeman Municipal Code and an adopted Ferguson Farms II Final Planned Unit Development. 2. BMC 38.100.080.A. Any unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. 3. BMC- 38.400.020.A.2- The applicant must submit a draft maintenance plan for open spaces and common areas and associated legal instrument in accordance with BMC 38.220.320 with the final plat submittal. 4. BMC.38.400.060. All easements, existing and proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the Final Plat in accordance with public and private design standards. 5. BMC 38.220.060.A.9. and 38.410.130. Water Adequacy. (a) The City Water adequacy code must be satisfied at the final plat approval. The CILWR fee determination will occur with the final plat applicant and must be paid prior to approval. (b) Prior to final plat approval, the pre-determination from the DNRC demonstrating that the irrigation wells may be permitted under Montana’s exempt appropriation must be provided. The water rights for the proposed well must be obtained prior to the final plat application, otherwise, the irrigation demand will be included in the developments CILWR fee. If the permitting for well no. 1 can’t be filed with the final plat since the well has not been put to use, the well and the equivalent CILWR fee for the irrigation demand must be included in an improvement agreement prior to final plat approval. (c) Water adequacy code requirements will be deferred for the commercial lots until future development. No cash-in-lieu of water rights will be paid for these lots. A note must be included on the plat to notify future owners of the restriction pursuant to 38.410.130.C and approved by Staff prior to final plat approval. 68 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 23 of 39 6. BMC 38.410.130 (A) (1) Water rights -With future site plan applications, the Applicant must contact the Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to the approval of the corresponding site plans. 7. BMC 38.410.060.D- An agricultural water user facility easement meeting the requirement of 38.410.060.D.1. must be dedicated with the final plat and a notice must also be recorded with a Final Plat or prior to Final PUD plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a Final Plat but may be referenced on a Final Plat. 8. BMC 38.410.060.4.D and D.3. Prior to Final Plat approval a professional engineer must certify that the water entering and existing the realigned Maynard Border Ditch is of the same quality and quantity that entered or exited the facility prior to development. If there will be a change to the quality and amount of water that entered or exited the facility, including any change to the historic stormwater discharge to the facility, the certification must clearly identify the change and the Maynard Border Ditch Company must provide written approval of the change. Both the certification and written approval must be provided with the Final Plat application. If approval cannot be obtained and a material modification to the subdivision is needed, then a preliminary plat modification application is required to be resubmitted for review, per BMC 38.100.070.B. 9. BMC 38.600.170. - All public water and sewer mains must be placed in a casing pipe when crossing the Maynard Border Ditch to a minimum of 10 feet beyond the adjacent top of channel. This distance may need to be increase depending on main depth as determined by the City during the subdivision infrastructure review. 10. BMC. 38.410.060. Prior to Final Plat approval, the Applicant shall clearly state on the plat who is responsible for the maintenance of the proposed culverts and pedestrian crossing along the Maynard Border Ditch. 11. BMC 38.410.060. Prior to Final Plat approval, the Applicant must provide written approval from the Maynard Border Ditch Company for any alteration to the Maynard Border Ditch or its maintenance easements. 69 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 24 of 39 12. BMC 38.600.170. D. - The Final Plat shall depict on the condition of approval sheet the location of the post-developed flood hazard area. 13. BMC 38.270.030 Completion of Improvements - The City acknowledges the receipt of the Applicant’s request for completion of improvements per Subsection B.1.b.2 and concurrent construction per Subsection D. The Applicant is advised that the requirements of Subsection B.1.b.2 must be fulfilled prior to Final Plat approval and the requirements of Subsection D must be fulfilled prior to building permit approval. 14. BMC 38.410.060-The Applicant must provide an easement for the portion of the proposed eight-foot shared use path that exists outside of the public right-of-way prior to final plat approval. 15. BMC 38.410.060- The Applicant must provide an easement for the portion of the 10-foot sidewalk along Resort Drive that exists outside of the public right-of-way prior to final plat approval. The easement must extend a minimum of one foot past the edge of the sidewalk. SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS 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. On June 12, 2024, the Development Review Committee (DRC) determined that the application is adequate for continued review and found that the application conforms to standards and is sufficient for approval with conditions and code provisions based on the staff analysis and findings described below in Section 6 of this report. The public meeting date for the City Commission's consideration of this application is July 16, 2024 at 6:00 PM. The meeting will be held at City Hall in the Commission Meeting Room. SECTION 6 - STAFF ANALYSIS AND FINDINGS Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. In considering applications for subdivision approval under this title, the Community Development Board, other relevant advisory boards and the City Commission shall consider the following criteria: 70 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 25 of 39 1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The preliminary plat modification has been 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 outlined in Code Provision Number 1, the Final Plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included with the Final Plat and updated with any additional required notations as required by Preliminary plat modification conditions or code provisions. 2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act and review processes per BMC 38.240.150. a. The Final Plat must comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). This subdivision application does not meet specific Urban Mixed Use (UMU) zoning provisions of the BMC and, therefore, cannot be approved unless and until the Applicant’s requested Ferguson Farms II Final Planned Unit Development (F-PUD) application is approved by the City Commission. Condition of Approval No. 1 requires the Final PUD approval prior to approval and recordation of the Ferguson Farms II Subdivision Final Plat. b. The Final Plat must comply with the standards of the BMC regarding streets, access and other Article 4 standards. As noted in Condition of Approval No. 1, the Director of Transportation and Engineering must grant the requested BMC Article 4 deviations and waivers as part of the P- PUD application before this Final Plat can be approved. Per Condition No. 2, legal access must be provided to all lots within the subdivision prior to approval of the Final Plat. c. The Applicant is advised in Code Provision No. 2 that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provision corrections necessary to meet all municipal regulatory standards. Therefore, it is expected that upon City Commission approval of the requested P-PUD and upon satisfaction of all conditions and code corrections, the subdivision would comply with local subdivision regulations. 3. Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act. The Applicant requested subdivision review under the terms of State Statutes 76-3-601 to 608 and BMC 38.240.150. The Application qualifies for review under State Statute 76-3-616. The Preliminary Plat Modification application was initially received on September 26, 2023 and was deemed inadequate for further review. Revised application materials were received on June 5, 2024 and the City deemed the application adequate for review on June 12, 2024. A public meeting is scheduled for July 16, 2024 for consideration by the City Commission. 71 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 26 of 39 The meeting before the City Commission has been properly noticed as required by the BMC. 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, staff will forward a recommendation via a staff report to the City Commission who will make the final decision on the Applicant’s request. The final decision for a Major Subdivision Preliminary plat modification with more than 50 lots must be made within 80 working days of the date it was deemed adequate (June 12, 2024). Pursuant to BMC 38.240.130 the City Commission was to approve, conditionally approve or deny the subdivision application by October 4, 2024 unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given beginning on June 14, 2024 and ending July 16, 2024. As of the July 2, 2024 date of this staff report, only one public comment has been received. The comment below came via email and was from a neighbor of the Site. “I reviewed the document comparing with my notes on the original plan. I like this one much better – didn’t make sense to move the Maynard Ditch 30’ west, and now we have more public, landscaped space. Additionally, they plan to keep most of the beautiful trees which is the way development should proceed in Gallatin County, keeping historic natural areas. I had asked Mike Delaney to make this area a public park several years ago! Glad that the ditch will have 50’ right-a-way on both sides to keep buildings from being so close to it. And have more public space acreage. Also glad for all the adjacent street and intersection improvements outlined on page 16. I live on Ravalli, across from the Ridge, in light of more traffic in our area. Would be good to review the speed, curves, signage on Fallon as our CT Condos subdivision, north of Fallon has lost a number of trees with people speeding just past intersection with Ravalli, and it is nerve-wracking to walk there on Fallon next to our condo homes! Ravalli will now be connected to in Phase 2, so traffic could be higher with people using Ravalli as a short-cut to Ferguson or Resort, avoiding Huffine. Better signage may help this. Please submit these comments to the appropriate planner. I don’t think I need to attend the Commission meeting to make comments there.” This comment was sent to the Applicant and to our transportation planner. Compliance with Chapter 38, BMC and other relevant regulations. Community Development staff and the City’s Development Review Committee (DRC) reviewed the preliminary plat modification application against all applicable regulations of the Bozeman Municipal Code (BMC). Based on the review of the DRC and the Department of Community 72 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 27 of 39 Development all applicable regulations are met if all conditions of approval and BMC code provisions/requirements are satisfied and the Final PUD is approved, and its own conditions and code provisions are satisfied. Pertinent code provisions and recommended conditions of approval are included in this report for your consideration in Sections 3 and 4 above. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the City of Bozeman Design Standards and Specifications Policy and Public Works Standard Specifications, except for modifications approved by the Director of Transportation and Engineering as part of the Applicant’s P-PUD deviation/modification requests. 16. Documentation of Compliance with BMC 38.220.060 to identify impacts to surrounding assets. A subdivision pre-application plan review was completed by the Development Review Committee (DRC) for the 2023-approved Preliminary Plat on June 9, 2021. One was not required for this Modification (MOD) application. This Preliminary plat modification must address the review criteria of Section 76-3-608 (3)(a) and clearly identify potential impacts of the subdivision on agriculture, agricultural water user facilities, local services, the natural environment, wildlife, wildlife habitat and public health and safety. Those parameters are addressed in the following Section 38.220.060.A. 1 through 19. The Development Review Committee (DRC) completed a subdivision pre-application plan review, and no variances were requested. Staff offers the following summary comments on the documents required by BMC 38.220.060. Staff offers the following summary comments on this supplemental information. 1. Surface Water. A portion of the agricultural irrigation ditch Maynard Border Ditch bisects the Site in a north-south orientation and flows in a northerly direction approximately 225 feet east of the western border of the property. A May 9, 2023 wetland delineation investigation, updated on September 5, 2023, was conducted and the findings included the following: “The system qualifies as a lower perennial streambed with cobble-gravel (R2SB3) (Cowardin 1979). A stormwater pit occurs in the northwest area of the property; however, it does not qualify as a wetland or waterway. Common species along the channel include balsam popular cottonwood (Pupulus balsamifera, FAC) and reed canary grass (Phararis arundinacea, FACW)). The aquatic system qualifies as a Class III wetland-channel system (Appendix E). The channel bed and wetland fringe would require a MT 310 and Section 404 permit to impact, along with a DEQ 401 and 318. A 50-foot setback would be required by the City of Bozeman along the wetland fringe.” [Lynn Bacon, TerraQuatic, LLC, June 9, 2023 Ferguson Farm Aquatic Resources Delineation Summary report.] 73 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 28 of 39 The September 5, 2023 report classifies the area along the edge of the Maynard Border Ditch channel as a “wetland fringe”. This staff report refers to the area along the ditch channel as such. The Preliminary Plat Modification provides a 50-foot building setback from the Maynard Border Ditch wetland fringe boundary, as measured from the ordinary high water mark which extends to the width of the wetland fringe (see Figure 6). The Maynard Border Ditch is an open channel irrigation ditch whose water is controlled by a headgate. This PP modification assures that the ditch will remain an open channel at its current location. To accommodate the proposed Ferguson Farms II development, four road crossings and four pedestrian bridge crossings of the ditch would be required. Three of the road crossings would be designed with open-bottom box culverts and the alley crossing would be designed with a 36” by 58” by ½” RCP arch culvert. The pedestrian bridges would span the ditch and its wetlands fringe and would have a minimum separation of two feet between the bottom of the bridge and the top of the wetland vegetation. The affected areas of the ditch would be revegetated by professional landscapers as soon as feasible. Riprap would be placed at the inlet and outlet of the arch culvert to control erosion. Construction of the crossings will be coordinated with the Maynard Border Ditch Company so that it occurs outside of the irrigation season while the channel is dry (after October 15 and prior to April 15) to minimize impacts to the water flow or to the bed and banks of the watercourse. The applicant has obtained 310 permit approval from the local conservation district and is currently working through the 404 permit process with the Corps of Engineers. The area around the open channel ditch would be developed as an open space amenity of the development (see Figure 9). Portions of the ditch would lie within public open space of Blocks 4, 5 and 6 and Lot 4 of Block 6 (see Figure 8). The open space areas along the ditch alignment would be increased by 2.2 acres and buildable lots west of Ravalli Street would decrease by that much. 2. Floodplains. Stormwater – There is an existing stormwater pond in the northwest corner of the Site that would be replaced with underground stormwater detention chambers and would discharge into the existing Maynard Border Ditch. The ditch is a controlled irrigation conveyance facility and does not have an associated floodplain. All required permits for the ditch crossings would be obtained prior to the start of construction. The subdivision must construct stormwater management and water quality facilities conforming to standards of the Bozeman Municipal Code. The maintenance of the stormwater facilities is the responsibility of the Property Owners’ Association (POA) as outlined in Conditions 21 and 23. Inspection of installed facilities prior to Final Plat will verify that standards have been met. Conditions 5 and 18 would ensure mitigation of post- development flood hazard areas and, therefore, no significant negative impacts to the natural environment are anticipated. Based on the project’s flood evaluation study findings, a certain amount of stormwater runoff will be generated by the development within the subdivision and will contribute to water levels in the Maynard Border Ditch which it is believed can be accommodated by the capacity of the culvert 74 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 29 of 39 and open ditch. Conditions 5 and 23 assure that the Maynard Border Ditch is maintained properly to accommodate this flow. 3. Groundwater. Static groundwater level is reported to be 6 feet below ground surface. The Applicant provided monitoring wells to establish seasonal minimum and maximum groundwater depths. Groundwater degradation would be minimized through a series of underground infiltration chambers. These chambers would capture runoff from the parking areas and other hardscape features within the subdivision. Stormwater would then infiltrate and recharge the groundwater within the area. Because the site is in a potential area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over-burden the surface drainage system, Condition No. 7 prohibits crawl spaces or basement without first consulting a professional engineer certified in the State of Montana who would certify that groundwater would not harm these structures. This requirement would protect both future structure owners from future hazards of flooding and lessen burdens on the public from illicit discharges. 4. Geology, Soils and Slopes. The site is relatively flat, sloping 1 to 2% to the north and northwest. No unusual or hazardous geological features are present on the subdivision site. No cut or fill greater than 3 feet is anticipated. The soils present are loamy soils characterized by poor- draining to well-draining soils generally found in irrigated farmland. No hydric soils are present, or evidence of soils typically associated with wetlands. A SWPPP will be prepared for this project prior to the start of construction. 5. Vegetation. The property has been vacant for several years and has not been used agriculturally in the recent past. No critical vegetation species exist on the Site. The native grasses are occasionally mowed during the growing season for weed control. An approved weed management plan has been prepared by the Applicant and approved by the County Weed Management Department. Responsibility for weed management must be provided recorded with the subdivision Covenants, Conditions and Restrictions (CC&R) document clarifying that the Property Owner Association (POA) is responsible for implementing and enforcing the weed management plan. There are some existing Aspen and Cottonwood trees in the vicinity of the Maynard Border Ditch. The Applicant states that, when possible, these trees would be preserved. Trees and shrubs would be trimmed to eliminate any existing hazards. 6. Wildlife. No animals listed under the “Animal Species of Special Concern”, (Montana Natural Heritage Program, Helena, 2003) have been observed or are known to occupy the property. Habitat most suitable for wildlife includes the area around the Maynard Border Ditch vegetation. When possible, these trees and shrubs will be retained in place. Any tree or shrub needing to be removed and which contain a bird nest will be removed after nesting season, late August through March. 75 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 30 of 39 7. Agriculture. The property, previously in agricultural cultivation, has been fallow for a number of years. Due to development in the area and in anticipation of development of the property by the owner, no agricultural practices have been performed on the property for several years. 8. Agricultural Water User Facilities. The Maynard Border Ditch agricultural irrigation facility lies east of the western boundary of the Site. The ditch would remain in place and would continue to flow as an open channel through the Site and would function as it has been per Code Provisions 7 and 8. A ditch maintenance agreement, dated June 6, 2024, has been signed by the Maynard Ditch Company representatives and is submitted with this application. 9. Water and Sewer. Water rights exist for the subject property. Water for domestic use and fire protection will be provided by connections to the City of Bozeman water system. The proposed water mains will connect to existing water mains in Resort Drive, Fallon Street, and Ferguson Avenue. The Applicant proposes to contribute cash-in-lieu of water rights (CILWR) to the City which must be paid prior to approval of specific site plan(s) within the subdivision, per Code Provisions 5 and 6. Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection system. The sewer system will connect to the 8” main in Fallon Street at two locations and the 8” main in Resort Drive at one location. From there, sanitary sewage will be conveyed to and treated at the City of Bozeman’s Water Reclamation Facility. 10. Stormwater Management. Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then underground via storm drain piping to underground stormwater retention and detention chambers in the Open Space parcels. The subdivision will not significantly impact stormwater infrastructure. The stormwater systems would be designed to meet City standards and would be maintained by the property owners’ association (POA) per Conditions 21 and 23. 11. Streets, Roads and Alleys. a. Streets – The proposed Ferguson Farm II PUD Subdivision has legal access onto Huffine Lane, Resort Drive, Ferguson Avenue, and Fallon Street. The proposed roads will match the established (existing) street grid structure and be within dedicated rights-of-way (ROW). Local streets will have the standard 60’ right-of-way except for small portions of Valley Commons Drive and Brookfield Avenue where the right-of-way is 101’ and 85’, respectively. Four-way stops will be installed along Resort Drive where Field Street and Valley Commons Drive intersect Resort Drive. The drive aisle and parking areas surrounding the lots in Blocks 4,5 and 6 will be constructed by the developer prior to the development of said lots. The access easements necessary to provide access to these lots will be recorded with the final plat that creates said lots. Per the recommendation of a geotechnical engineer, the pavement design section for the Ferguson Farm II Subdivision is 3” asphalt surface course over 6” of 1-1/2” minus crushed gravel base 76 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 31 of 39 course over 18” of 6” minus pit run sub-base course. This section will be checked per the AASHTO Guide for Design of Pavement Structures during the construction design development. Road maintenance for all streets will be provided by the Property Owner’s Association after the improvements have been accepted by the City. Erosion and siltation control will be exercised during construction by using the appropriate best management practices as outlined in “Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water Quality Bureau. ATS performed a trip generation analysis to determine the anticipated future traffic volumes from the development using the trip generation rates contained in Trip Generation (Institute of Transportation Engineers, Tenth Edition). These rates are the national standard and are based on the most current information available to planners. A vehicle “trip” is defined as any trip that either begins or ends at the development site. ATS determined that the critical traffic impacts on the intersections and roadways would occur during the weekday morning and evening peak hours. At full development, the Ferguson Farm II development would produce 976 AM peak hour trips, 1,337 PM peak hour trips, and 13,066 daily trips. Refer to the Traffic Impact Study included in Appendix I for more detailed information of traffic generation. Lot access must meet City standards per Condition numbers 2 and 9 and access must be improved to accommodate development-generated traffic per Conditions 3, 4, 9, 11, 12, 13, 14, 15, 16, 17 and 19. Condition 3 requires the Applicant to record waivers to applicable Special Improvement Districts is established to serve the project and area including Street improvements to Ferguson Avenue, Huffine Lane, Fallon Street, Ravalli Street, Resort Drive; intersection improvements to Ravalli and Fallon streets, Resort and Fallon streets, Ferguson and Fallon streets, and Ferguson and Huffine streets. b. Parking Conditions – The PUD that enables this subdivision provides several BMC waivers and deviations. These include: (1) no minimum or maximum number of required parking spaces; (2) minimum landscape screening of surface parking lots that border the subdivision; (3) common parking areas for all tenants, workers and visitors to the Site; (4) condominium parking spaces within structured parking garages located within surface parking lots; and (5) “back-in” angled parking spaces along internal streets. The back-in angled parking must be approved by the Director of Transportation and Engineering as noted in Condition 8 c. Walkability, Transit and Bikeability. This subdivision provides a sidewalk along the bordering public streets mentioned above as well as along internal streets. The Class I shared use trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet. An eight-foot wide Class I trail shall be installed along the Fallon 77 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 32 of 39 Street frontage and a ten-foot wide Class I trail shall be installed along the Resort Drive frontage concurrent with any first phase construction of this subdivision per Condition No. 10. A traffic analysis for this subdivision revealed that certain improvements and upgrades are needed to adequately serve the proposed development within this subdivision and to mitigate potential adverse impacts to the traveling public as noted in Conditions 13, 14, 15, 16, 17, and 19. With Conditions 13, 14, 15, 16, 17, and 19, the subdivision would not significantly impact the City’s street infrastructure. 12. Utilities. This subdivision would not significantly impact utilities. Standard 10-ft utility easements would be provided across all lots. All public and private utilities are available in the area to serve this subdivision. 78 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 33 of 39 13. Land Use. This subdivision proposes 9 block and 67 lots consisting of the following uses: 42 lots for commercial uses, 10 parking lots and 15 open space lots. Proposed Land Use Square Footage Acres Percent of Total Rights of Ways 216,773.11 4.98 16.04% Parking Lots 282,750.35 6.49 20.92% Buildings 245,933.45 5.65 18.20% Sidewalks 217,552.61 4.99 16.10% Elevated Walkway 10,587.71 0.24 0.78% Stream 8,580.68 0.20 0.63% Landscaped area 369,401.77 8.48 27.33% Total 1,351,579.68 31.028 100% 14. Parks and Recreation Facilities. Parkland dedication is not required of this wholly commercial development. Should residential use be proposed in the future, as a site plan application of any of the lots, parkland would be required. However, 15 publicly accessible open space lots spread throughout the subdivision would be provided. These open space parcels will be maintained by the subdivision Property Owners’ Association. 15. Neighborhood Center Plan. Neighborhood centers are required for subdivisions of 10- acres or more per 38.410.020. This subdivision is 31-acres and proposes a neighborhood center within the subdivision located along the Maynard Border Ditch open space lots as shown in Figure 9. This neighborhood center would feature a skyline bridge following the ditch alignment. Benches and other pedestrian facilities would be constructed within the open space lots and along the above-grade skyline bridge feature to allow pedestrians to relax and enjoy views of the surrounding viewscapes. 16. Lighting Plan. No lights are proposed around the perimeter of the subdivision except at the road intersections with Huffine Lane, Ferguson Avenue, Fallon Street, and Resort Drive. Internally, there are streetlights along the local streets and within the parking lots. The lights are spaced to provide adequate security lighting and provide safe illumination for pedestrians walking after dark. The preliminary lighting plan for streets and alleys therein is in accordance with the requirements of the BMC. Each light spacing and design would meet City of Bozeman Design Standards and Specifications Policy. 79 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 34 of 39 17. Miscellaneous. a. Health and Safety. With the recommended conditions of approval and required code provisions, the subdivision is not expected to adversely impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code (BMC) is to protect the public health, safety and general welfare. The subdivision has been reviewed by the Development Review Committee (DRC) which has determined that it is in general compliance with the BMC standards, as amended by the anticipated Final PUD, and with recommended conditions and code provisions. Conditions deemed necessary to ensure compliance have been noted throughout this staff report. Code Provisions 1 and 2 require full compliance with all applicable State and BMC code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA) and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary from Applicant submittal materials and requirements. It is noted that all infrastructure would meet City standards as amended by the proposed Final PUD and as approved by the Director of Transportation and Engineering per the P-PUD requests. b. Historical Features. Damon Murdo, Cultural Records Manager of the Montana Historical Society, has not noted any previously designated cultural properties in the area. If any historic items are discovered during construction, the State Historic Preservation Office would be contacted. 18. Affordable Housing. Not applicable. There is no residential use proposed for this subdivision. 19. Adopted Growth Policy Consistency. Project Site zoning and Growth Policy implications: The subdivision land (Site) is designated “Community Commercial Mixed Use” in the Bozeman Community Plan Future Land Use Map. This category is intended to “promote commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. 80 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 35 of 39 Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” Staff Comment: The Site is zoned Urban Mixed Use (UMU) which is an implementing zoning district for the Community Commercial Mixed Use Future Land Use designation. The subject property was annexed to the City in 2000 by the Applicant and it was initially zoned Business Park (B-P) District. In March 2006, the Applicant submitted a zoning text amendment application to create a new zoning district called Urban Mixed Use District (UMU). In August 2007, by Ordinance No. 1681, the Urban Mixed Use District (UMU) was established. In April 2008, at the request of the Applicant, the 31-acre subject property was rezoned from B-P, Business Park District to the new UMU District by Ordinance No. 1745. This is the only UMU-zoned land in the City. According to the Bozeman Municipal Code/ Unified Development Code: “Urban mixed-use zoning district (UMU) The intent and purposes of the UMU urban mixed-use district are to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability in uses and standards to landowners and residents. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and with adjoining zoning districts when the standards of this chapter are met, and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 81 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 36 of 39 Although the Applicant wanted the UMU District designation, the final design of the proposed development of the property did not match the specific standards of the District. The Applicant subsequently submitted a Planned Unit Development (PUD) application which proposed amendments to the UMU District standards and to the Bozeman Unified Development Code (UDC) and which proposed design and development standards that are tailored to the development proposed for the property. This Ferguson Farms II Planned Unit Development Preliminary Plan was reviewed and adopted/approved by the City Commission in a Findings of Fact and Order on March 28, 2023. Staff Comment: The proposed 31-acre subdivision is a wholly commercial development with 67 lots consisting of 42 buildable lots, 15 open space lots, 10 parking lots and roads and alleys. The Community Commercial Mixed Use Community Plan Future Land Use Map (FLUM) designation would recommend residential uses within the mix of land uses; however, it is not required. The UMU, Urban Mixed Use zoning designation would also recommend residential uses as part of the mix of land uses, but it is not required. Should an individual developer of a particular lot choose to include residential uses, both the FLUM and the UMU zoning would allow it. The Preliminary Plan for the Ferguson Farms II Planned Unit Development proposes deviations that would not preclude housing within this development. Except for the requested deviations in development standards and mix of uses, the March 7, 2023 approved P-PUD is consistent with the Community Commercial Mixed Use land use designation. 5. The provision of legal access and easements to and within the subdivision for the location and installation of any necessary utilities. Condition of Approval No. 2 requires the Applicant to provide legal and physical access to each lot pursuant to UDC and State Statute. Code Provision No. 4 requires all easements, existing and proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the Final Plat in accordance with public and private design standards. 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. Access to the property is from Ferguson Avenue, Huffine Lane, Fallon Street and Resort Drive which are City-owned and maintained roads. However, within the subdivision, there are 6 lots to be developed exclusively for structured parking that do not have legal and physical access to a public street as required by BMC Section 38.400.090.B.2 and State Statute. The Preliminary PUD requested a waiver from this requirement. However, due to State Statutes, legal and physical access to a public or publicly accessible street or alley or “green corridor” must be provided to each lot. This requirement cannot be waived. Some form of legal access must be provided to each lot per Condition No. 2. 82 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 37 of 39 Condition of Approval No. 1 requires that the Final PUD with the appropriate deviations or waivers must be granted by the Director of Transportation and Engineering and approved by the City Commission prior to approval by the City Commission of this subdivision Final Plat. FISCAL EFFECTS There will be increased property tax revenue from development within this subdivision along with increased and costs to provide municipal services to that property. However, no unusual fiscal effects have been identified. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on July 16, 2024 at which time the Department of Community Development Staff presented the Commission with a staff report that evaluated the project against all City and State criteria for subdivisions and identified recommended conditions of approval. There was one public comment submitted to the City via email message prior to the public meeting. D. The Applicant acknowledged to staff his understanding and agreement with the recommended conditions of approval, code provisions. E. The City Commission requested public comment at the public meeting on July 16, 2024 and none were received. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 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 83 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 38 of 39 the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2024 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 84 Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project 23295 Page 39 of 39 APPENDIX A – NOTICING AND PUBLIC COMMENT Notice was provided at least 20 working days and not more than 45 days prior to the City Commission public meeting. Pursuant to BMC 38.220.420, notice was provided by posting the site, mailing by certified mail to the Applicant and adjacent property owners and by first class mail to all other owners within 200 feet on June 14, 2024. The site was posted with a notice on June 14, 2024. Content of the notice contained all elements required by Article 38.220., BMC. As noted above, one public comment has been received at the time of the writing of this staff report on July 2, 2024. That comment is presented on page 26 of this report. If you are interested in commenting in writing on this Finding of Fact and Order action, please send email to comments@bozeman.net or visit the Public Comment Page prior to 12.00 P.M. on the day of the Commission meeting. Public comments are also accepted in person and through web conferencing. 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 here or at https://www.bozeman.net/departments/city-commission/meeting-videos APPENDIX B - OWNER INFORMATION Owner/Applicant: Boardwalk Properties, Inc, 101 E. Main Street, Suite D, Bozeman, MT 59715; delaney@delaneynco.com Combs Capital LC, 1095 Cougar Drive, Bozeman, MT 59718 Representative: Tyler Steinway, Intrinsik Architecture, 106 East Babcock Avenue, Suite 1A, Bozeman, MT 59715, tsteinway@intrinsikarchitecture.com Report By: Susana Montana, Senior Planner, smontana@bozeman.net Staff Engineer: Cody Flammond, cflammond@bozeman.net ATTACHMENT LINKS Applicant’s Application Narration Project Description and the full application can be viewed here or at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=281158&cr=1 85 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Jill Miller, Water Treatment Plant Superintendent Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Engineering Services to Complete the Sourdough Water Treatment Facility Plan and South Pressure Zone Study MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with the firm of Advanced Engineering and Environmental Services, LLC providing engineering services to complete the Sourdough Water Treatment Facility Plan and South Pressure Zone Study STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Sourdough Water Treatment Facility Plan and the South Pressure Zone Study are identified in the City's Capital Improvements Plan (CIP) as Project Number W141. These study efforts will provide a roadmap for capital replacement and expansion associated with Bozeman’s Sourdough Water Treatment Plant and new potential water distribution service area south of Blackwood Road. The facility plan for the Sourdough water treatment plant and transmission and storage facilities for the Sourdough and Hyalite water supply is needed to provide the roadmap for the City to plan for maintenance and capacity upgrades necessary for a 20-year planning horizon. The City’s 2017 Water Facility Plan Update (WFPU) identified future water service areas necessary to serve anticipated growth; however, the plan did not provide a detailed evaluation to determine how a new service area should be implemented south of Blackwood Road. The South Pressure Zone Study will evaluate a new service area to serve future development south of the existing southern extent of the City’s municipal distribution system. These combined studies are proposed under a single contract as the scope of 86 these studies overlap and the pending recommendations will be better derived with the study efforts completed in tandem. City Engineering staff advertised a single request for proposals for the two study efforts. One proposal was received. City staff determined that the submitting firm, Advanced Engineering and Environmental Services, LLC (AE2S) was qualified to provide the necessary services. A detailed breakdown of the services provided under this agreement is included under Exhibit A of the attached PSA. An amendment is anticipated to this professional services agreement's scope of service to complete the second phase of the Sourdough Water Treatment Facility Plan once the basis of planning is complete in the first phase. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The total contract amount is $241,908, per the attached fee schedule shown in Exhibit C of the PSA. Budget authorization was provided for these funds in fiscal year 2024 totaling $455,000 with a pending roll forward request to move contract amount and contingency funds into fiscal year 2025. Pending approval of the roll forward request, funding is sufficient to cover the contract amount. Attachments: PSA_Sourdough Water Treatment Facility Plan and S Presure Zone Study_AE2S.pdf Report compiled on: July 18, 2024 87 1 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and Advanced Engineering and Environmental Services, LLC, (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1. ENGINEER will provide services set forth in Exhibit C -Scope and Fee Description (“Engineering Services”), incorporated herein by reference. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Nate Weisenburger, PE. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Zach Magdol, PE. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. 88 2 ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Griffin Nielsen, PE. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER shall attend the job related meetings requested by the ENGINEER including the Workshops identified in Exhibit C and be responsible for ensuring select members of the OWNER’s staff are present. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Furnish an electronic copy of the Study and Report documents and review them in person with OWNER. 89 3 The Pre-design Investigation Phase will be completed and submitted within 180 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE - NA 4.3 FINAL DESIGN PHASE - NA 4.4 BIDDING OR NEGOTIATING PHASE - NA 4.5 CONSTRUCTION PHASE - NA 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with an electronic copy of the Report in searchable PDF format. 4.7. CONSTRUCTION TESTING - NA ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-sequence work. 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 90 4 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 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 of this Agreement pay two distinct lump sums, one for Phase 1A: Water Treatment Facility Basis of Planning and one for Phase 1B: South Pressure Zone Study, as identified in Exhibit C. A lump sum for Phase 1A in the amount of $171,808 for such services and a lump sum for Phase 1B in the amount of $70,100 for such services. 6.1.2 Phase 1A Payment Schedule. Total cumulative payments for the study phase engineering services (Section 4.1) for Phase 1A shall not exceed the following ceilings: $__103,084.80_ (60% of the design fee) until all Phase 1A Workshops identified in the Exhibit C have been held. $ 154,627.20 (90% of the design fee) until all Draft Final Deliverables, excluding those of Phase 1A, Task 1, have been provided to the OWNER for review. 6.1.3 Phase 1B Payment Schedule. Total cumulative payments for the design phase engineering services (Section 4.1) for Phase 1A shall not exceed the following ceilings: $ 42,060.00 (60% of the design fee) until all Phase 1B Workshops identified in the Exhibit C have been held. $ 63,090.00 (90% of the design fee) until all Draft Final Deliverables, have been provided to the OWNER for review. 6.1.4 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. 6.1.5 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 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 91 5 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in accordance with the following: N/A ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: N/A 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 92 6 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 93 7 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER 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 ENGINEER 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. ENGINEER 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). ENGINEER 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. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 94 8 The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER 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 ENGINEER shall, at the OWNER’s request, re-perform the service at its own expense. Engineer 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 OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding 95 9 the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: 96 10 Type of Coverage Limits Employers' Liability: $ 1,000,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 1,000,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 97 11 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 98 12 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract 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. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 CONSENT TO ELECTRONIC SIGNATURES The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) Brian Bergantine, Operations Director DATE: DATE: ATTEST: BY: (City Clerk) 99 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION - RESERVED 100 2 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE - RESERVED 101 3 EXHIBIT C TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES SCOPE AND FEE DEFINITION. Bozeman Sourdough Water Treatment Facility Plan and South Pressure Zone Study Phase 1A – Water Treatment Facility Plan Basis of Planning Phase 1B – South Pressure Zone Study FINAL July 22, 2024 The objective of this project is to develop an updated Sourdough Water Treatment Facility Plan (SD WTFP) and an amendment to the 2017 Water Facility Plan Update that provides a plan for establishing the South Pressure Zone (also known as the Water Treatment Plant (WTP) Zone). The ultimate deliverable for this project will include an updated WTP capital improvement plan (CIP) with recommended improvements over the next 20-years. This project will be broken into two phases with Phase 1 covering the Basis of Planning of the Water Treatment Facility Plan (Phase 1A) and recommendations for establishing the South Pressure Zone (Phase 1B). Phase 2 will include the compiled Water Treatment Facility Plan including 5- and 20-year CIP recommendations. Phasing this project allows the City flexibility in defining future scope/tasks which are dependent on the outcome of Phase 1 as well as related but separate planning efforts. Phase 1A: Water Treatment Facility Plan Basis of Planning Task 1: Project Management Deliverable: Monthly invoices and progress reports, PM check-ins as needed with City staff Scope: Project management – Conduct general project management services including general coordination with City, project invoicing, and managing project budget and schedule Assumptions: All deliverables will be provided in electronic format. PM check-ins will be virtual and occur every two weeks generally lasting 1-hour Specific workshops / meetings identified in subsequent tasks will be in-person Project management fee covers both Phase 1A and 1B Task 2: Basis of Planning Deliverable: Basis of Planning Technical Memorandum Scope: 1. Water Demand Summary a. Review updated water production data: compute total annual production, average annual demand, maximum monthly demand, peak day demand, monthly average demand for 2014 - 2023 102 4 b. Review and summarize previous water demand studies and analyses and provide recommendations for assumptions to use for the Water Treatment Facility Plan (previous studies include: 2007 Water Facility Plan, 2010 WTP Preliminary Design Report, 2012 Integrated Water Resources Plan, 2017 Water Facility Plan, 2023 Water Conservation and Efficiency Plan, 2022 Water Loss Audit analysis, 2021 Water Supply and Optimization Management Tool, pending Wastewater Collection System Facility Plan) c. Water Demand Projections i. Review and summarize the growth assumptions used in previous studies 2. Water Rights and Water Supply Summary a. Summarize the City’s existing Water Rights portfolio (previously completed in 2021 WSOMT project) b. Summarize efforts since 2007 Facility Plan to acquire new, and optimize existing, water rights c. Summarize existing raw water transmission conveyance capacity (verify previously computed hydraulics from 2010 PER and 2021 WSOMT) d. Summarize reliable yield assumptions for Hyalite and Sourdough e. Compare supply availability to projected treatment demand, summarize gap 3. Recommended Water Treatment Plant Build-Out Capacity a. Facilitate Basis of Planning workshop with City staff to review assumptions and recommendations b. Revise water demand and supply analysis based on feedback from City (if needed) c. Provide final recommendation for Treatment Plant build-out capacity 4. Basis of Planning Technical Memorandum a. Summarize assumptions and recommendations for water demand projections and build-out capacity in technical memorandum Assumptions: 4% population growth will be used for demand projections The Basis of Planning workshop will consist of two meetings with the first being approximately 2 hours and in-person and the second being approximately 1 hour and virtual. Recommendations for assumptions and planning guidelines will be provided by AE2S in the first session and finalized by the City in the second session Task 3: Water Treatment Plant Hydraulics Deliverable: Hydraulic profiles for Sourdough and Hyalite Intakes through Sourdough Tank Water Treatment Plant Storage Tank Technical Memorandum Water Treatment Plant Hydraulic Profile Spreadsheet Raw Water Transmission Hydraulic Model (new add-ons to existing InfoWater model) Scope: 1. Develop hydraulic profile and calculations for Sourdough and Hyalite transmission, water treatment plant, water treatment plant tank, and transmission mains to Sourdough tank. 2. Evaluate hydraulic pinch points within existing transmission system between plant and Sourdough tank 3. Evaluate redundant transmission line from WTP to Nash. Verify previously developed CIP remains the recommended alternative. If another alternative is found to be preferred, develop cost estimate and CIP description. 4. Verify recommendations provided previously in Bozeman Sourdough Water Transmission Main – Phases I and II for the WTP to Nash redundant transmission and for the SD Tank Flow Control Building expansion – 103 5 review cost estimates provided previously and refine to bring to current dollars and add necessary detail to provide -20% to +35% accuracy (Class 4 cost estimate) 5. Provide recommendation for optimizing treatment plant and storage hydraulics and new pressure zone service area 6. Water Treatment Plant Storage Tank Technical Memorandum summarizing analysis, alternatives, recommendation, and cost Assumptions: Construction observation notes from Sourdough Transmission Pipeline Phase 1 project will be provided by the City. Cost estimates for recommendations will be Class 5 unless noted otherwise above. All cost estimates will be present day and future costs at recommended year of implementation for each improvement. Task 4: Raw Water Transmission and Storage Improvements Deliverable: Raw Water Transmission and Storage Technical Memorandum Storage Analysis Mass Balance Spreadsheet Scope: 1. Evaluate overflow to Sourdough Creek a. Summarize overflow data from 2014-2023 and size storage needed to eliminate or reduce overflow b. Develop raw water monitoring recommendations if additional data collection is needed 2. Develop raw water storage and transmission alternatives to reduce overflow and to expand for future build-out flows (up to 2 alternatives for storage and 2 alternatives for future transmission). Task includes conceptual sizing and layout of alternative infrastructure as well as Class 5 cost estimates. Assumptions: Build-out treatment plant flow developed in Basis of Planning will be used to define raw water alternatives Cost estimates will be Class 5 and present day and future costs at recommended year of implementation Task 5: Risk and Resiliency Assessment Deliverable: AWIA Compliant Risk and Resiliency Assessment and Emergency Response Technical Memorandum Scope: 1. Wildfire Risk Assessment a. Facilitate workshop with WTP operators and City staff. Discuss risks of wildfire to plant infrastructure, operations, treatment processes, recovery efforts, response efforts. Develop framework for Wildfire Emergency Operations Plan. 2. Facility Security Risk Assessment a. Evaluate risk of vandalism, terrorism, and environmental contamination 3. Cybersecurity and IT Risk Assessment a. Facilitate workshop with City IT department and WTP operators to assess risks and provide recommendations for improvements. 4. Electrical Supply Risk Assessment a. Review previous Power Study b. Evaluate feasibility of power generation alternatives: c. Solar including non-export solar array paired with energy storage and Net-metered solar array. d. Micro-hydro 5. Source Water Protection Plan 104 6 a. Facilitate meeting with WTP operators and City staff to discuss the recommendations from the previous Source Water Protection Plan and whether additional Plans are needed to address any deficiencies / risks (intake freezing, cattle grazing, public education, intake access, spill response, pathogen and herbicide assessment, PFAS, other emerging contaminants) 6. The Risk and Resiliency and Emergency Response Technical Memorandum, which will include: a. Recommended framework for developing a Wildfire Emergency Operation Plan b. A summary of the qualitative risk assessment c. List of vulnerabilities and recommendations for addressing d. Recommendations for updating current Emergency Response Plan to meet EPA AWIA requirements e. Recommendations for updating Risk and Resiliency Assessment report to meet EPA AWIA requirements Assumptions: Jacobs Engineering Group will lead the workshops and provide subject matter experts for wildfire, cybersecurity, and micro-hydro power generation Risk and Resiliency Assessment will use a qualitative approach Phase 1B: South Pressure Zone Study Task 1: South Pressure Zone Basis of Planning Deliverable: Planning horizon and demands summary – draft maps and tables provided under Task 1. Finalized summary of Basis of Planning to be provided in the South Pressure Zone Technical Memorandum (Task 3) Scope: Summarize previous recommendations (improvements, timing, demands, population served) provided in 2017 WFPU Facilitate Basis of Planning workshop with City staff. Discussion topics to include future scenario planning horizons (short-, near-, and long term), performance criteria, implementation triggers, well field assumptions, and development assumptions. Define future timelines and fire flow demands under each scenario. Compute demand projections using growth densities and the duty factors developed as part the previous WSOMT project. – Compare to documented values in WFPU. Assumptions: City to provide guidance on likely development locations based on known development growth patterns The Basis of Planning workshop will consist of two meetings with the first being approximately 2 hours and in-person and the second being approximately 1 hour and virtual. Recommendations for assumptions and planning guidelines will be provided by AE2S in the first session and finalized by the City in the second session Task 2: Scenario Development, Modeling, and Analysis Deliverable: Future conditions model scenarios, class 5 cost estimates for each scenario Scope: 1. Growth scenario demand allocation (up to 3 growth scenarios). 2. Four (4) scenarios will be developed in collaboration with City staff and may include: • Modified West Transmission Main (as previously planned) and Goldenstein Loop • West Transmission Main and Goldenstein Loop • Sourdough Western Extensions • Interim Booster Station 105 7 3. Evaluation criteria will include: a. Maximum and minimum pressures throughout zone, b. Water main velocities/headloss c. Available fire flow d. System storage – operational and emergency storage evaluation e. Pumping/PRV requirements 4. Sub-scenarios under each parent scenario: a. Evaluate serving the southwest corner (generally west of 19th and south of Graf Street) of the Sourdough Pressure Zone with the new South Pressure Zone. b. Evaluate storage and distribution infrastructure changes if new southern well field is established to supplement water supply. Assumptions: Existing conditions hydraulic model will be updated through the City’s on-call modeling contract. The update will include updated network consistent with the City’s current GIS data and demand re-allocation. Future well field volume and rate assumptions directed by City. Implementation triggers developed under Task 1 to be re-evaluated and finalized with City input after future scenario modeling is complete Task 3: Alternative Selection and Implementation Plan Deliverable: South Pressure Zone Technical Memorandum amending the 2017 Water Facility Plan Update Scope: Select alternative, develop class 4 cost estimate, develop implementation plan, summarize analysis methods and assumptions in technical memorandum Assumptions: SPZ Technical Memorandum will clearly lay out recommended Capital Improvement Projects and provide cutsheets in City of Bozeman CIP standard format. The Technical Memorandum will clearly identify which 2017 recommendations are obsolete or modified. Anticipated Phase 2 – Water Treatment Facility Plan Phase 2 may include: Task 1: WTP Build-Out Process Layout and Site Master Plan Task 2: Pretreatment Capacity Expansion Task 3: Waste Streams and Residuals Management Task 3: Chemical System Optimization and Improvements Task 4: Membrane Treatment System Upgrades Task 5: Laboratory and Staffing Optimization Task 6: Compile List of Capital Improvement Projects and Cost Estimates Task 7: Treatment Facility Plan (Written plan) 106 8 Project Schedule: Phase 1A and 1B will be completed by no later than the end of 2024. Phase 2 Water Treatment Facility Plan anticipated scoping to begin November 2024 with a project completion by July 2025. Phase 1A and 1B Key Milestones Phase 1A Authorization to Proceed August 1 Task 2 – Basis of Planning Basis of Planning Workshop Session #1 September 20 Basis of Planning Workshop Session #2 October 5 Basis of Planning Technical Memorandum October 20 Task 3 – Water Treatment Plant Hydraulics WTP Hydraulic Profile Spreadsheet and Schematic August 30 InfoWater Model Update (raw water and SD tank detail) August 30 Recommendations (WTP Tank, WTP hydraulic improvements, Nash redundant transmission, SD flow control building improvements) September 20 Water Treatment Plant Storage Tank Technical Memorandum October 20 Task 4 – Raw Water Transmission and Storage Improvements Preliminary Raw Water Storage Alternatives September 5 Raw Water Transmission Alternatives based on WTP Build-Out Capacity November 1 Raw Water Transmission and Storage Technical Memorandum December 15 Task 5 – Risk and Resiliency Assessment R&R Workshop Session #1 September 9 R&R Workshop Session #2 October 3 Risk and Resiliency Technical Memorandum November 1 Phase 1B Task 1 – South Pressure Zone Basis of Planning Basis of Planning Workshop Session #1 / Planning Recommendations September 5 Basis of Planning Workshop Session #2 September 26 Task 2 – Scenario Development, Modeling, and Analysis Finalize Growth Scenarios September 26 Finalize Infrastructure Scenarios September 26 Future Conditions Model Update October 15 Future Conditions Model Evaluation October 30X Task 3 – Alternative Selection and Implementation Plan South Pressure Zone Technical Memorandum December 15X x Dependent on timing of Water Model Update – currently under contract Project schedule assumes City to provide comment on draft deliverables within 15 working days of submittal 107 9 Fee Schedule: Phase 1A: Water Treatment Facility Plan Basis of Planning Task 1: Project Management TASK HOURS 72 TASK FEE: $ 16,952 Task 2: Basis of Planning TASK HOURS 189 TASK FEE: $ 36,428 Task 3: WTP Hydraulic Analysis TASK HOURS 245 TASK FEE: $ 48,984 Task 4: Raw Water Transmission and Storage Improvements TASK HOURS 156 TASK FEE: $ 30,076 Task 5: Risk and Resiliency Assessment TASK HOURS 188 TASK FEE: $ 39,000 Phase 1B: South Pressure Zone Study Task 1: South Pressure Zone Basis of Planning TASK HOURS 60 TASK FEE: $ 12,000 Task 2: Scenario Development, Modeling, and Analysis TASK HOURS 212 TASK FEE: $ 40,444.00 Task 3: Alternative Selection and Implementation Plan TASK HOURS 91 TASK FEE: $ 17,656 Task 095: Expenses Transportation & Misc. Supplies Allowance $ 500 Expenses Total: $ 500 ESTIMATED TOTAL FEE: $ 241,908 108 Memorandum REPORT TO:City Commission FROM:Waldo SUBJECT:Authorize the City Manager to Sign a Software as a Service (SaaS) Agreement with Darkhorse Emergency for Fire Department Data Analytics Support MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Software as a Service (SaaS) agreement with Darkhorse Emergency for Fire Department data analytics support. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The fire department routinely reviews and analyzes data to make informed decisions about operational response plans, evaluate community risk, measure department performance, and look for areas of improvement. Additionally the department reviews and analyzes data as part of it's requirements for third party international accreditation. The downside to the current data analysis process is that it is all done manually by staff via spreadsheets and note pads, making it hard to adequately review or use the data overtime. The department has conducted research into automating these processes via the assistance from a third party vendor and has recently completed a request for proposal (RFP) process. From this RFP, the department has selected Darkhorse Emergency to provide third party data analytics, data compiling and trending, and dashboard development. This third party assistance will free up staff time that is currently being used to manually complete this work and provide more consistent and complete data for informing future decisions for the fire department. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The start up cost for these services is $70,000 in year one and these cost were approved in the FY-25 Fire and Capital & Equipment Fund. Annual maintenance fees of $20,000 will be paid for out of the department general operating fund. Attachments: SaaS Agreement with Darkhorse Emergency.docx 109 Report compiled on: July 24, 2024 110 Software as a Service Agreement This Software as a Service Agreement (“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, ____________, _______________, with a mailing address of __________________, hereinafter referred to as “Provider.” The City and Provider 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.Definitions. a.“Aggregated Statistics” means data and information related to the City'suse of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b.“Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the Cityto access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c.“Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Provider in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or 111 - page 2 of 16 - (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d.“City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e.“Data Incident” means a breach of the City or the Provider’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Provider. f.“Documentation” means Provider’s user manuals, handbooks, and guides relating to the Services provided by Provider to the City either electronically or in hard copy form/end user documentation relating to the Services. g.“Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h.“Provider IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i.“Services” means the on premise software-as-a-service license described in the Scope of Services. See attached Exhibit A. 2.Purpose. City agrees to enter into this Agreement with Provider to perform for the City the Services described in the Scope of Services, incorporated into this Agreement and attached as Exhibit A. 3.Term and Termination. a. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for _______ months from such date (the “Initial Term”). This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement’s express provisions. The Parties may extend this Agreement for three (3) additional one (1) year terms. b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then- 112 - page 3 of 16 - current term (each a “Renewal Term” and together with the Initial Term, the “Term”). c. Termination. i. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or iii. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. d. Expiration. Provider must notify the City 90 days in advance of this Agreement’s expiration date. e. Effect of Expiration or Termination. No expiration or termination will affect the City's obligation to pay all Fees that may have become due before such expiration or termination or entitle the City to any refund. 4.Scope of Services. Provider must 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, this Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Provider’s performance. 113 - page 4 of 16 - 5.Access and Use. a.Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Provider grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Provider must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b.Documentation License. Subject to the terms and conditions contained in this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the Services. c.Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d.Reservation of Rights. Provider reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. e.Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: i. Provider reasonably determines 1) there is a threat or attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other Customer or vendor of Provider; 3) the City, or any Authorized User, are using the Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of the Services to the City or any Authorized User is prohibited by applicable law; ii. any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable the City to access the Services; or iii. in accordance with Section 5(a)(iii) (any such suspension described in sub- section (i), (ii), or (iii), a “Service Suspension”). Provider must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Provider must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider 114 - page 5 of 16 - may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f.Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Provider and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. The City acknowledges that Provider may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Provider may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6.The City's Responsibilities. a.The City is responsible for all uses of the Services and Documentation resulting from access provided by the City, directly or indirectly. The City must use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and must cause Authorized Users to comply with such provisions. b.Unless otherwise agreed, the City is responsible for creating and modifying its data into the Services, and keeping the City’s data into the Services current and accurate. c.The City must reasonably cooperate with Provider’s performance of Professional Services. The City recognizes and agrees that performance of Professional Services is contingent upon the City’s cooperation and as set forth in Paragraph 7. d.The City may test the Provider’s Services in a live production environment to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits. Upon acceptance, the City must pay the Provider in accordance with the Scope of Services. See attached Exhibit A. If the City determines that the Services do not meet the specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such deficiencies, the City may terminate this Agreement if the Provider does not cure the deficiencies. Provider must refund the City all sums already paid within five (5) business days. Such termination and refund does not bar the City from pursuing other remedies available under the Agreement or law. 7.Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the following representations: a.Provider has familiarized itself with the nature and extent of this Agreement, all exhibits including but not limited to 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. 115 - page 6 of 16 - b.Provider represents and warrants to the 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 must 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. c.Provider must ensure the Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the City’s Confidential Information, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain in compliance with all applicable laws and regulations governing Provider’s access to, use of, and handling of the City’s Data. d.If Provider creates a new version of the Services, it must make the new version available to the City at no additional cost. Provider must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8.Security.Provider must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network and data components) to be provided or used by Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Provider must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9.Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to the fullest extent permitted by law, Provider 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 116 - page 7 of 16 - intentional misconduct of the Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the Provider’s agents. For the professional services rendered, to the fullest extent permitted by law, Provider 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 Provider or Provider’s agents or employees. Such obligations must 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). Provider’s indemnity under this Section must 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 Provider to assert its right to defense or indemnification under this Agreement or under the Provider’s applicable insurance policies required below, the City must 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 Provider 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. Provider 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 must survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Provider must at Provider’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Provider in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by the Provider in this Section. The insurance must 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. Provider must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; 117 - page 8 of 16 - 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; Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Provider commencing work. 10.Audit Right. Provider must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features. In addition, Provider must annually conduct its own internal security audit and address security gaps. Provider must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Provider policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect to such audit. 11.General Use Restrictions. Copies of the Services created or transferred pursuant to this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Provider’s prior written permission. However, notwithstanding this restriction, the City has the right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: 118 - page 9 of 16 - a.copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b.sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c.reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d.remove any proprietary notices from the Services or Documentation; or e.use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 12.Independent Contractor Status/Labor Relations. The Parties agree that Provider is an independent contractor for purposes of this Agreement and is not considered a City employee for any purpose. Provider 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. Provider is not authorized to represent the City or otherwise bind the City in any dealings between Provider and any third parties. 13.Resources and Support. Provider must, throughout the Term, make available such resources, including Provider personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. support the obligations of the City provided in Paragraph 6; c. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and d. Provider must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 14.Transition Assistance.The Provider must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The City must have access to the Provider’s system and the Provider’s support of that system for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Provider at its then-current hourly rate(s). The Provider grants the City a perpetual right to use the Application and Object Code if any one of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary proceeding for protection of its creditors; (b) Provider materially breaches this Agreement and the City terminates the Agreement; (c) Provider fails to continue development of the Services; (d) Provider fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Provider can no longer satisfy its obligation to provide Services to the State under this Agreement. 119 - page 10 of 16 - 15.Limitation of Liability. The Provider's liability for contract damages is limited to direct damages. The Provider must not be liable for special, incidental, consequential, punitive, or indirect damages. Damages caused by injury to persons or tangible property, or arising from any Provider indemnification under this Agreement, are not subject to a cap on the amount of damages. 16.Fees and Payment. Fees. The City must pay Provider the fees and make all payments as set forth in the Scope of Services, without offset or deduction. See attached Exhibit A. Any alteration or deviation from the described Services that involves additional costs above the Agreement amount will be performed by Provider only upon receiving a written request from the City. Any alteration or deviation from the Services will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing before Provider bills for any additional charges. All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the City as set forth in this Agreement, other than any taxes imposed on Provider’s income. 17.Confidential Information. a.From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b.Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i.in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii.to establish a Party’s rights under this Agreement, including to make required court filings; or iii.to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. c.Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement 120 - page 11 of 16 - without the other Party’s prior written consent. Each Party’s obligations of non- disclosure with regard to Confidential Information are effective as of the Effective Date, and survive this Agreement and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d.Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 18.Intellectual Property Ownership; Feedback. a. Provider IP. The City acknowledges that, as between the City and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. b. The City's Data. Provider acknowledges that, as between Provider and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Provider to provide the Services to the City.The City also grants to Provider a non- exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the Cityprovides written consent, Provider must not access or use the City’s Data for any other purpose than as described in this Agreement. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Provider may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City retains all right, title, and interest in the Feedback. 19. Data Location. Provider must not transfer the City’s Data outside of United States or the Provider’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Provider’s data center and such transfer is necessary for the execution of the Services. 20.Access to Data. The City may access and copy any of the City’s Data in Provider’s possession at any time. Provider must reasonably facilitate such access and copying promptly 121 - page 12 of 16 - after Customer’s request. In this instance, Provider may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 21.Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s Data or any copy without the City’s prior written consent. 22.Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or unauthorized act or omission, Provider must compensate the City for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. Provider must give the City prompt access to such records related to a Data Incident. 23. Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider must promptly correct any errors identified by the City in the Application and in any modification to the Application at no cost to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider must at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. The limitation of liability described in Paragraph 15 does not apply to this indemnification obligation. 25. Remedy for When Services are Subject of a Claim. If any Services furnished are 122 - page 13 of 16 - likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may request the City accept an alternative Service and the City may agree to one of the following alternative Services: 1) procure for the City the right to continue using the alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least functionally equivalent. If the Provider is unable to any of the above three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the Services to the Provider within five (5) days of receiving Provider’s request in writing. The Provider must then give the City a credit equal to the amount paid to the Provider for the creation of the Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15of this Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights. 26. Representatives and Notices. a. City’s Representative. The City’s Representative for the purpose of this Agreement must be _________________ or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Provider 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. Provider’s Representative. The Provider’s Representative for the purpose of this Agreement must be _____________________ or such other individual as Provider must designate in writing. Whenever direction to or communication with Provider is required by this Agreement, such direction or communication mustbe directed to Provider’s Representative; provided, however, that in exigent circumstances when Provider’s Representative is not available, City may direct its direction or communication to other designated Providerpersonnel or agents. c. Notices. All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 27. Miscellaneous. a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud 123 - page 14 of 16 - Services Questions, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. Provider must 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. c. Laws and Regulations. Provider must 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. d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of persons performing this Agreement must be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Provider must be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Provider represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Provider mustrequire these nondiscrimination terms of its subcontractors providing services under this Agreement. 124 - page 15 of 16 - e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must 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. Provider acknowledges it is aware of and must 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. The City must have the right to request proof of such compliance and Provider must be obligated to furnish such proof. The Provider must be responsible for instructing and training the Provider’s employees and agents in proper and specified work methods and procedures. The Provider must provide continuous inspection and supervision of the work performed. The Provider is responsible for instructing its employees and agents in safe work practices. g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Provider may not subcontract or assign Provider’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. h. Reports/Accountability/Public Information. Provider agrees to develop and/or provide documentation as requested by the City demonstrating Provider’s compliance with the requirements of this Agreement. Providermust 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 Provider pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Provider must not issue any statements, releases or information for public dissemination without prior approval of the City. i. 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. 125 - page 16 of 16 - j. 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 must 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. k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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. ii. 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. m. Survival. Provider’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. n. 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. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. r. 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. s. 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. 126 - page 17 of 16 - t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. 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 as of the Effective Date. PROVIDER City of Bozeman By:_______________________________ Name: Craig Hiltz___________________ Title: _Vice President________________ By:_______________________________ Name: _Chuck Winn_________________ Title: __Interim City Manager__________ 127 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Interim City Manager SUBJECT:Ratify the Signature of the City Manager for a Renewal with DocuSign for Electronic Signature Software MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify the Signature of the City Manager for a Renewal with DocuSign for Electronic Signature Software 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:In September of 2021, the City of Bozeman consolidated numerous individual and departmental accounts into an Enterprise account with DocuSign to more closely track usage and related expenditures through a Master Services Agreement. This agreement allowed the City to better gauge its organizational wide usage and to appropriately identify future costs. Based on actual usage the City is increasing its allocation for electronic signature usage as represented by the new renewal amount. In August 2023, an annual renewal agreement was approved by the City Commission. This year's renewal is a continuation with updated volume based on actual usage by all City Departments. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As per Commission FISCAL EFFECTS:The $35,831.40 annual cost is within the appropriated amount for the City Clerks' operating budget. Attachments: DocuSign Annual Renewal.pdf Report compiled on: July 23, 2024 128 DocuSign, Inc. 221 Main Street, Suite 1550 San Francisco, CA 94105 Offer Valid Through: Jul 31, 2024 Prepared By: Farah Khurshid Quote Number: Q-01574983 ORDER FORM Address Information Bill To: Ship To: City of Bozeman City of Bozeman PO Box 1230, Bozeman, MT, 59771 United States PO Box 1230, Bozeman, MT, 59771 United States Billing Contact Name: Shipping Contact Name: Mike Maas Mike Maas Billing Email Address: mmaas@bozeman.net Shipping Email Address: mmaas@bozeman.net Billing Phone: 406-582-2321 Shipping Phone: 406-582-2321 Order Details Order Start Date: Aug 1, 2024 Payment Method: Check Order End Date: Jun 30, 2025 Payment Terms: Net 30 Billing Frequency: Annual Currency: USD Products Product Name Subscription No. Start Date End Date Quantity Net Price eSignature Enterprise Pro Edition - Envelope Subs. SUB-2623590-1 Aug 1, 2024 Jun 30, 2025 5,000 $29,370.00 Enterprise Premier Support - eSign SUB-2623590-1 Aug 1, 2024 Jun 30, 2025 1 $6,461.40 Grand Total: $35,831.40 Product Details eSignature Envelope Allowance: 5,000 Overage/Usage Fees eSignature Enterprise Pro Edition - Envelope Subs. (Per Transaction): $8.80 Docusign Envelope ID: 6EEB4B25-2E8D-43FA-973E-B4BEB16EF480 129589 Page 2 of 3 Order Special Terms Upon renewal, Customer agrees that the Term will be a standard 12, 24, or 36 months. Terms & Conditions This Order Form is governed by the terms Master Services Agreement available online at: https://www.docusign.com/legal/terms-and-conditions/msa/pub-sec and the applicable Service Schedule(s) and Attachments for the DocuSign Services described herein available online at https://www.docusign.com/legal/terms-and-conditions/msa-service-schedules. Billing Information Prices shown above do not include any state and local taxes that may apply. 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By signing this Agreement, I certify that I am authorized to sign on behalf of the Customer and agree to the Terms and Conditions of this Order Form and any documents incorporated herein. Customer DocuSign, Inc. Signature: \si1\ Signature: \si3\ Name: \na1\ Name: \na3\ Job Title: \ti1\ Job Title: \ti3\ Date: \ds1\ Date: \ds3\ \ \in2\ Docusign Envelope ID: 6EEB4B25-2E8D-43FA-973E-B4BEB16EF480 Chuck Winn July 22, 2024 City Manager Frank Parish July 22, 2024 Manager, Revenue Operations 131591 Certificate Of Completion Envelope Id: 6EEB4B252E8D43FA973EB4BEB16EF480 Status: Completed Subject: [DocuSign] Request for eSignatures:City of Bozeman - Renewal fcorgid: 00D300000000bS4EAI Source Envelope: Document Pages: 3 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 1 Farah Khurshid AutoNav: Disabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 221 Main Street Suite 1000 San Francisco, CA 94105 farah.khurshid@docusign.com IP Address: 13.110.78.8 Record Tracking Status: Original 7/17/2024 10:06:42 AM Holder: Farah Khurshid farah.khurshid@docusign.com Location: DocuSign Signer Events Signature Timestamp Chuck Winn cwinn@bozeman.net City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 7/18/2024 2:27:19 PM Viewed: 7/20/2024 7:35:43 PM Signed: 7/22/2024 8:29:39 AM Electronic Record and Signature Disclosure: Accepted: 7/20/2024 7:35:43 PM ID: 10444615-3030-4485-90df-d9773f77e886 Carolyn DAndrea Carolyn.DAndrea@docusign.com Contract Specialist DocuSign, Inc. Signing Group: AOR Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 12.202.171.35 Sent: 7/22/2024 8:29:41 AM Viewed: 7/22/2024 9:13:31 AM Signed: 7/22/2024 9:14:20 AM Electronic Record and Signature Disclosure: Accepted: 7/2/2024 11:41:33 AM ID: a7ccc0c0-f22b-4373-a150-56e9713f4302 Frank Parish Frank.Parish@docusign.com Manager, Revenue Operations DocuSign, Inc. Signing Group: AOA Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 73.231.113.151 Sent: 7/22/2024 9:14:22 AM Viewed: 7/22/2024 9:15:51 AM Signed: 7/22/2024 9:16:20 AM Electronic Record and Signature Disclosure: Accepted: 11/28/2023 4:19:14 PM ID: 1d73ffb2-56aa-4bbb-983c-8935e9ed9bc3 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp 132592 Certified Delivery Events Status Timestamp Mike Mass MMaas@bozeman.net Security Level: Email, Account Authentication (None)Using IP Address: 69.145.83.100 Sent: 7/17/2024 10:08:25 AM Viewed: 7/18/2024 2:27:18 PM Electronic Record and Signature Disclosure: Accepted: 7/18/2024 2:27:18 PM ID: 07c1ad2e-9e1e-4b33-a049-52d65a31da03 Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/17/2024 10:08:25 AM Certified Delivered Security Checked 7/22/2024 9:15:51 AM Signing Complete Security Checked 7/22/2024 9:16:20 AM Completed Security Checked 7/22/2024 9:16:20 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 133593 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DocuSign, Inc. 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Electronic Record and Signature Disclosure created on: 10/17/2018 1:49:32 PM Parties agreed to: Chuck Winn, Carolyn DAndrea, Frank Parish, Mike Mass 134594 How to contact DocuSign, Inc.: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by paper mail, please send correspondence to: DocuSign, Inc. 221 Main St., Suite 1000 San Francisco, CA 94105 To advise DocuSign, Inc. of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at and in the body of such request you must state: your previous e-mail address, your new e-mail address. Please reach out to the sender of the envelope if you want to change your email address.. 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STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: The Manley Ditch Rehabilitation (Project) includes the restoration of a historical drainage ditch that conveys stormwater from a 58-acre drainage basin to the Cherry Creek Fishing Access. Staff has coordinated with stakeholders and underlying property owners to acquire necessary easements and permissions to facilitate the work. The Project’s permitting and design stage is complete, and the execution of the remaining easements is underway, and final construction bidding will take place this fiscal year (2025). The Division completes portions of this work in-house to reduce project costs; however, some aspects are outside the Division’s capacity. Services also minimize risk when construction-related issues arise in the field and provide insurance that the City receives a quality infrastructure product. Task Order 3 contracts with DOWL, LLC (Consultant) for the construction administration, oversight, and quality control necessary to complete the 137 Project. The benefits of completing this project include the re-establishment of historical stormwater conveyance, improvement of water quality and fulfilling the objectives of the MS4’s permit requirements. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The Commission originally approved the Project (Project: STDM02) as part of the FY20 Budget adoption process. As the project's scale was realized, additional funds were allocated and the project was moved to FY25 in the Capital Improvement Plan. Payments for services provided will be on a time and material basis, not to exceed $48,600. Staff reviewed Task Order 3 and found its contained scope and budget to be commensurate with the proposed services. Attachments: Task Order 03 - DOWL 2023 PSA For On-Call Services.pdf Engineering PSA for On-Call Services with DOWL 2023.pdf Report compiled on: July 22, 2024 138 Page 1 Task Order #03 Construction Phase Services for Manley Ditch Rehabilitation Project Introduction DOWL has completed the 99% construction drawings for the Manley Ditch Rehabilitation project, environmental permitting activities, and the project will be advancing to bidding and construction. The following is a detailed description of DOWL’s proposed construction phase services in assisting the City of Bozeman with the construction administration for the project. It is assumed that the City of Bozeman will provide a full-time Resident Project Representative (RPR) for construction observation and will be responsible for construction administration tasks including: Final Permitting and Railroad Coordination Bidding and Contract Negotiations Hosting the Pre-bid and Pre-construction Meetings Reviewing Construction Schedules Providing Public Outreach and Coordination with Adjacent Property Owners Providing RPR Construction Inspection Providing Clarifications, Interpretations, and Field Orders Administering Change Orders and Work Change Directives Processing Applications for Payment Managing Liquidated Damages (if Necessary) Developing the Punch List of Corrective Work and Monitor Completion Issuing Notice of Substantial and Final Project Completion Providing other General Construction Administration Tasks DOWL will provide the following supplemental construction administration services to assist the City during the construction of the Manley Ditch Rehabilitation project. Scope of Services Task 1. Finalize Construction and Contract Documents 1. Finalize the construction drawings related to final permitting and project coordination. 2. Update the Engineers’ Opinion of Probable Construction Cost to reflect 2024 construction costs, and assist the City with project planning and budgeting. 3. Assist in developing technical specifications, bid form, special provisions, summary of work measurement and payment, and other project-specific Contractor requirements. Task 2. Assistance During Bidding and Contract Award 1. Task 200 – Assist the city in advertising for and obtaining bid proposals for the Work. 139 Task Order #03, Construction Phase Services for Manley Ditch Rehabilitation Project Page 2 a. Assist the City with bidding documents for the City to post and manage through QuestCDN. b. Assist the City in providing clarifications to Contractor questions during bidding. c. Assist in developing addenda as appropriate to clarify, correct, or change the bidding documents. One bid addendum is assumed following the pre-bid meeting to distribute meeting minutes and provide formal answers to any questions posed/answered at the pre-bid meeting. The city will post addendum(s) to Quest for Planholder distribution. 2. Task 310 – Assist in preparing an agenda and participate in a Pre-bid meeting to summarize the project for interested bidders and gather questions for clarifications via addendum, if needed. It is assumed that the City will be responsible for bid opening, certified bid tab, assembly of insurance, bonds, agreements, and additional documents to finalize the bidding process and award the contract. Task 3. Construction Administration Upon successful completion of the bidding, negotiating and project construction award, DOWL shall complete the following tasks: 1. Task 400 – General Administration of Construction Contract: DOWL with the City, acts as the Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through the Engineer, which shall have authority to act on behalf of the Owner in dealings with the Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Task 410 – Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 3. Task 420 – Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other information that Contractor is required to submit, but only for conformance with the information provided in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. a. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the Additional Services provisions of Attachment 1. 4. Task 430 – Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional 140 Task Order #03, Construction Phase Services for Manley Ditch Rehabilitation Project Page 3 judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, DOWL neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. c. For the purpose of budgeting, a total of two (2) engineer site visits are assumed for each project. 5. Task 440 – Quality Assurance: It is assumed that the Contractor will complete Quality Control testing as specified and required in the project specifications. DOWL will assist the City of Bozeman in reviewing the Contractor’s quality control test results, concrete installation, and placement fill. For the purpose of budgeting, a total of 5-manhours are assumed for the completion of this task. 6. Task(s) 450 – Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 7. Task(s) 450 – Clarifications, Interpretations, Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 8. Task(s) 450 – Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 9. Task(s) 460 – Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner for final processing. 141 Task Order #03, Construction Phase Services for Manley Ditch Rehabilitation Project Page 4 10. Task(s) 460 – Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. 11. Task 460 – Post Construction Activities: a. Record Drawings: DOWL will develop record drawings incorporating any field changes or updates to as-recorded information. b. Post Construction Walk-through(s): DOWL, together with the City of Bozeman, will visit the Project to observe any apparent defects in the Work, assist City in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. c. Warranty Walk-through: DOWL, together with the City of Bozeman, will participate in a Two- Year Warranty Walk-through inspection of the Project to observe any apparent defects in the Work, assist the City in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if needed. Task 4. Construction Inspection 1. Task 500 – Resident Project Representative (RPR) a. Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment 3. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Attachment3. b. Duration of Construction Phase and Timing/Number of RPRs Expected Site Visits: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractor(s). Subject to the provisions of Attachment 1, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth herein or in the Construction Contract. i. For the purpose of budgeting, it is assumed that twenty to twenty-five (20 to 25) site visits and associated daily reports will be completed, for a total of 100 hours total for the Manley project. Key site visits for construction observation and inspection for the Manley Ditch Reconstruction project are assumed to include the following: 1. Observe concrete cutting of existing division box at culvert outlet (1 site visit) 2. Observe topsoil stripping and excavation for the outfall ditch (1 site visit) 3. Observe subgrade preparation under the embankment and grading of the bio- retention swales (3 site visits) 4. Observe foundation preparation for drop manhole structures, storm drain pipes, concrete weirs, and observe Contractor-established subgrade elevations (3 site visits) 142 Task Order #03, Construction Phase Services for Manley Ditch Rehabilitation Project Page 5 5. Observe embankment placement and compaction including quality assurance (QA) compaction testing (4 site visits) 6. Observe backfill placement at the drop manhole structures including compaction testing (4 site visits) 7. Observe placement of the riprap at the FWP pedestrian bridge (1 site visit) 8. Three (3) additional site visits have been assumed during key construction activities. ii. It is assumed that the Contractor will perform Quality Control (QC) compaction testing and concrete testing. DOWL will perform Quality Assurance (QA) compaction testing of a sampling of the constructed embankment and trench backfill for independent verification. DOWL will also assist the City of Bozeman in reviewing the Contractor’s QC test results. DOWL’s review of these test results will be for the purpose of determining that the results indicate compliance with the Contract Documents and will not constitute an independent determination that the results or procedures of such inspections or tests comply with the requirements of the Contract Documents. For the purpose of budgeting, it is assumed that four (4) ASTM D698 Standard Proctor Density tests will be performed to determine the maximum dry density and optimum moisture content of the range of soils encountered. It is assumed that a total of twenty (20) compaction tests will be performed, for a total of 40 hours of compaction testing. iii. Survey Control and QA. Confirm that, in Engineer’s judgment, existing survey control points necessary to enable the Contractor to proceed are intact and accessible for construction control. The Contractor will be responsible for construction survey staking and QC survey checks of constructed Work. DOWL will perform QA spot checks of the Contractor-established Work elevations. iv. To facilitate public communication and coordination with DOWL within a normal workday duration, it is proposed for consideration to require construction working hours from 8 A.M. to 5 P.M. c. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. 143 Task Order #03, Construction Phase Services for Manley Ditch Rehabilitation Project Page 6 Compensation 1. Basic Services: Table 1 outlines DOWL’s estimated fee for the proposed Scope of Services. Given the variable nature of the services potentially required, it is anticipated that this task order will be managed on a Time and Materials basis. The distribution of fees between individual tasks may be altered to be consistent with the services actually rendered, but the total compensation will not be exceeded without prior written consent of the City of Bozeman. Table 1 – Task Order #03 Compensation Project Tasks Estimated Costs Task 1 - Finalize Construction and Contract Documents 6,800.00 Task 2 - Assistance During Bidding and Contract Award 3,900.00 Task 3 - Construction Administration 18,000.00 Estimated Total Fee (plus RPR Services below) = 28,700.00 2. Resident Project Representative – Standard Hourly Rates a. Owner shall pay Engineer for Resident Project Representative Basic Services as follows: i. Resident Project Representative Services: For services of Engineer’s Resident Project Representative under Task 5 of this Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class at the rates set forth in Attachment 2 to this Exhibit A for all Resident Project Representative services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. 1. The total compensation under this Paragraph is estimated to be $ 19,900.00 based upon periodic RPR services at the key construction activities described in Task 4 above. b. Compensation for Reimbursable Expenses: i. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under 2.a.i. Resident Project Representative Services above, and are directly related to the provision of Resident Project Representative Basic Services, Owner shall pay Engineer at the rates set forth in Attachment 2 to this Exhibit A. 3. Additional Services – Standard Hourly Rates a. Owner shall pay Engineer for Additional Services, if any, as follows: i. For services of Engineer’s personnel engaged directly on the Project pursuant to Attachment 1, Additional Services Requiring Owner’s Written Authorization of Exhibit A, an amount equal to that separately negotiated for the Additional Services based on the nature of the required Additional Services. 144 Task Order #03, Construction Phase Services for Manley Ditch Rehabilitation Project Page 7 ii. For services of Engineer’s personnel engaged directly on the Project pursuant to Attachment 1 Additional Services Not Requiring Owner’s Written Authorization an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. b. Other Provisions Concerning Payment of Additional Services: i. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.10. ii. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.10. 145 Attachment 1 to Exhibit A Professional Services Contract June 2021 Page 1 of 3 This is Attachment 1, consisting of 3 pages, referred to in and part of the Exhibit A Task Order 03 of the Agreement between Owner and DOWL for Professional Services dated September 9, 2023. Project No: Additional Services 1.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Exhibit A Basic Services, if any. 5. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner’s use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 146 Attachment 1 to Exhibit A Professional Services Contract June 2021 Page 2 of 3 8. Furnishing services of Consultants for other than Exhibit A Basic Services. 9. Services attributable to more prime construction contracts than specified in Exhibit A, Basic Services, if any. 10. If not required as part of Basic Services defined in Exhibit A, preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 11. If not required as part of Basic Services defined in Exhibit A above, preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 12. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 13. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Exhibit A, Basic Services, including any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 14. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 15. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 16. If not required as part of Basic Services defined in Exhibit A, preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 17. If not required as part of Basic Services defined in Exhibit A, preparation of operation and maintenance manuals. 18. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 19. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner other than those required under Exhibit A, Basic Services. 20. If not required as part of Basic Services defined in Exhibit A, assistance in connection with the adjusting of Project equipment and systems. 21. If not required as part of Basic Services defined in Exhibit A, assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 147 Attachment 1 to Exhibit A Professional Services Contract June 2021 Page 3 of 3 22. If not required as part of Basic Services defined in Exhibit A, assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record-keeping. 23. If not required as part of Basic Services defined in Exhibit A, overtime work requiring higher than regular rates. 24. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 1.02 Additional Services Not Requiring Owner’s Written Authorization A. Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 25. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 26. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 27. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 28. Services during the Construction Phase rendered after the original date for completion of the Work referred to above. 29. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 148 This is Attachment 2, consisting of 5 pages, referred to in and part of the Exhibit A Task Order 03 of the Agreement between Owner and DOWL for Professional Services dated September 9, 2023. Project No: DOWL Montana Fee Schedule 149 Montana Fee Schedule Effective June 30, 2024 Until Further Notice 1 | Page MONTANA FEE SCHEDULE Personnel Billing Rates Personnel are identified on our invoices by name and/or labor category. Description Rate Description Rate Accounting Manager $185 Accounting Technician $120 Administrative Assistant $95 Administrative Manager $125 Biologist I $130 Biologist II $140 Biologist III $150 Biologist IV $160 Biologist V $205 CAD Drafter I $105 CAD Drafter II $120 CAD Drafter III $130 CAD Drafter IV $140 CAD Drafter V $150 Senior CAD Drafter $170 Civil and Transportation Designer $135 Senior Civil and Transportation Designer $170 Contract Administrator I $160 Contract Administrator II $185 Corporate Development Manager $230 Cultural Resources Specialist I $120 Cultural Resources Specialist II $140 Cultural Resources Specialist III $145 Cultural Resources Specialist IV $180 Cultural Resources Specialist V $195 Document Production Supervisor $150 Engineer I $130 Engineer II $140 Engineer III $155 Engineer IV $175 Engineer V $195 Engineer VI $205 Engineer VII $215 Engineer VIII $225 Engineer IX $250 Engineer X $265 Engineering Technician I $100 Engineering Technician II $115 Engineering Technician III $125 Engineering Technician IV $140 Engineering Technician V $155 Engineering Technician VI $175 Environmental Specialist I $120 Environmental Specialist II $135 Environmental Specialist III $140 Environmental Specialist IV $150 Environmental Specialist V $155 Environmental Specialist VI $190 Environmental Specialist VII $210 Environmental Specialist VIII $225 Environmental Specialist IX $245 Environmental Specialist X $265 Field Project Representative I $115 Field Project Representative II $125 Field Project Representative III $155 Field Project Representative IV $170 Field Project Representative V $200 Geologist I $135 Geologist II $145 Geologist III $155 Geologist IV $175 Geologist V $205 GIS Coordinator $175 GIS Manager $185 GIS Specialist $145 GIS Technician $110 Graphics Designer $130 Senior Graphics Designer $165 150 Montana Fee Schedule Effective June 30, 2024 Until Further Notice Description Rate Description Rate 2 | Page Hydrogeologist I $140 Hydrogeologist II $165 Hydrogeologist III $195 Sr. Hydrogeologist $225 Intern I $85 Intern II $105 Laboratory Manager $125 Laboratory Supervisor $105 Landscape Architect I $130 Landscape Architect II $145 Landscape Architect III $160 Landscape Architect IV $175 Landscape Architect V $190 Landscape Architect VI $200 Landscape Architect VII $210 Landscape Designer I $95 Landscape Designer II $115 Marketing Assistant $105 Marketing Coordinator $135 Marketing & Administrative Manager $225 Materials Technician I $95 Materials Technician II $105 Lead Materials Technician $115 Senior Materials Technician $125 Materials Manager $130 Planner I $120 Planner II $145 Planner III $160 Planner IV $175 Planner V $190 Planner VI $200 Planner VII $210 Planner VIII $225 Planner IX $240 Planner X $280 Planning Technician $110 Professional Land Surveyor I $120 Professional Land Surveyor II $130 Professional Land Surveyor III $140 Professional Land Surveyor IV $150 Professional Land Surveyor V $160 Professional Land Surveyor VI $165 Professional Land Surveyor VII $175 Professional Land Surveyor VIII $185 Professional Land Surveyor IX $210 Professional Land Surveyor X $220 Professional Land Surveyor XI $255 Project Administrator $135 Project Assistant I $115 Project Assistant II $130 Project Controller $165 Senior Project Controller $185 Project Manager I $160 Project Manager II $175 Project Manager III $190 Project Manager IV $205 Project Manager V $220 Project Manager VI $235 Project Manager VII $250 Proposal Manager $140 Senior Proposal Manager $210 Public Involvement Assistant $115 Public Involvement Coordinator $155 Public Involvement Planner $135 Public Involvement Program Manager $200 Real Estate Services Manager $180 Right of Way Agent I $125 Right of Way Agent II $140 Right of Way Agent III $155 Right of Way Agent IV $170 Right of Way Agent V $185 Right of Way Agent VI $215 Right of Way Assistant $115 Risk Manager $200 Senior Manager I $240 Senior Manager II $260 Senior Manager III $270 Senior Manager IV $295 151 Montana Fee Schedule Effective June 30, 2024 Until Further Notice Description Rate Description Rate 3 | Page Senior Manager V $315 Senior Manager VI $335 Survey Technician I $90 Survey Technician II $95 Survey Technician III $100 Survey Technician IV $115 Survey Technician IX $170 Survey Technician V $120 Survey Technician VI $130 Survey Technician VII $145 Survey Technician VIII $160 Survey Technician -- Supervisor $155 Systems Administrator $155 Technical Coordinator $180 Utility Operator $145 Water Resource Specialist $195 Water Rights Specialist I $160 Water Rights Specialist II $190 Water Rights Specialist III $220 Water Rights Technician I $105 Water Rights Technician II $115 Water Rights Technician III $125 Survey Crews One-Person Survey Crew = $160 / hour One-Person Survey Crew GPS/Robotics = $180 / hour Two-Person Survey Crew = $240 / hour Two-Person Survey Crew (PLS + LSIT) = $280 / hour Two-Person Survey Crew GPS/Robotics = $255 / hour Three-Person Survey Crew = $350 / hour Travel, Mileage, and Miscellaneous Lodging = Cost per night Airfare = Cost Vehicle Usage – Passenger Cars = $1.10/mile Vehicle Usage – Trucks & SUV’s = $1.30/mile Printing/Supplies/Phone/Fax/Postage = Note 3 In-House Usage Charges = Note 4 Per Diem Unless otherwise specified contractually, per diem will be billed when travel is more than 50 miles from the office during a meal allowance period of three or more consecutive hours or involves an overnight stay. The three meal allowance periods are breakfast (midnight to 10:00 a.m.), lunch (10:00 a.m.-3:00 p.m.), and dinner (3:00 p.m. to midnight). Breakfast Lunch Dinner Incidentals 1st and Last Day Per Diem Rate Billings $13.00 $15.00 $26.00 $5.00 $44.25 $59.00 Bozeman $18.00 $20.00 $36.00 $5.00 $59.25 $79.00 Helena $14.00 $16.00 $29.00 $5.00 $48.00 $64.00 152 Montana Fee Schedule Effective June 30, 2024 Until Further Notice Description Rate Description Rate 4 | Page For all other cities not listed above and meal breakdown, use the following link: https://www.gsa.gov/travel/plan-book/per-diem-rates Notes 1. DOWL’s Professional Services Fee Schedule is subject to adjustment each year or at the end of a contract period, whichever is appropriate. Should adjustments be anticipated or required, such adjustments will not affect existing contracts without prior agreement between Client and DOWL. 2. Straight-time rates are given. Multiply by 1.5 for overtime rates. Overtime rates will be applied at the rate prescribed by applicable state law. 3. Direct reimbursable expenses such as travel, freight, subcontractors, and request beyond those requests considered reasonable by the project manager for phone/fax/postage, office supplies, reproduction and photography, and laboratory analysis will be billed at cost plus the negotiated markup. 4. In-house equipment usage charges or specialized software/equipment that are not separately stated on the fee schedule will be negotiated at rates deemed fair and reasonable. 5. Late charges will be assessed on the unpaid balance of all accounts not paid within 30 days of the billing date, at a rate of 1.0 percent per month (12% per year). 153 Attachment 3 to Exhibit A Professional Services Contract June 2021 Page 1 of 5 This is Attachment 3, consisting of 5 pages, referred to in and part of the Exhibit A Task Order 03 of the Agreement between Owner and DOWL for Professional Services dated September 9, 2023. Project No: Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Task 4 – Construction Inspection of Exhibit A to the Agreement is supplemented to include the following agreement of the parties: 1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative (“RPR”) to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. B. Through RPR's observations of Contractor’s work in progress and field checks of materials and equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result of such RPR observations of Contractor’s work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor’s work in progress, or for any failure of a contractor to comply with Laws and Regulations applicable to such contractor’s performing and furnishing of its work. The Engineer (including RPR) neither guarantees the performances of any contractor nor assumes responsibility for Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in Task 4 of Exhibit A of the Agreement are applicable. C. The duties and responsibilities of the RPR are as follows: 1. General: RPR is Engineer’s representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. RPR’s dealings in matters pertaining to the Contractor’s work in progress shall in general be with Engineer and Contractor. RPR’s dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 154 Attachment 3 to Exhibit A Professional Services Contract June 2021 Page 2 of 5 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 155 Attachment 3 to Exhibit A Professional Services Contract June 2021 Page 3 of 5 b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 9. Inspections, Tests, and System Start-ups: a. Consult with Engineer in advance of scheduled inspections, tests, and systems start-ups. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all change orders, field orders, work change directives, addenda, additional Drawings issued subsequent to the execution of the Construction Contract, Engineer’s clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, weather conditions, data relative to questions of change orders, field orders, work change directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. 156 Attachment 3 to Exhibit A Professional Services Contract June 2021 Page 4 of 5 d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed change orders, work change directives, and field orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in visits to the Project to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final visit to the Project in the company of Engineer, Owner, and Contractor, and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance. 157 Attachment 3 to Exhibit A Professional Services Contract June 2021 Page 5 of 5 D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in this Agreement. 3. Undertake any of the responsibilities of Contractor, Subcontractors or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept shop drawing or sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. 158 Professional Services Agreement – Engineering FY2024-2027 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2023 (“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 DOWL, LLC with a mailing address of 1283 North 14th Ave, Suite 101, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City a range of professional and technical services, as requested by the City through issuance of individual Task Orders. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate three years from the date made and entered. This Agreement may, upon mutual agreement, be extended by written agreement of the Parties. In no case, however, may this Agreement run longer than four years. 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: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. 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. 159 Professional Services Agreement – Engineering FY2024-2027 Page 2 of 12 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 $ , which includes $ for Sub-consultants hired by the Consultant and $ 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 complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 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 Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. 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. 160 Professional Services Agreement – Engineering FY2024-2027 Page 3 of 12 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: 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 the services in a professional, competent and timely manner and with the degree of care and skill ordinarily exercised under the same conditions by professionals practicing in the same field at the same time in the same or similar locality; 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 Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor 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, Montana Code Annotated (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 161 Professional Services Agreement – Engineering FY2024-2027 Page 4 of 12 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 intentional misconduct of the Consultant or Consultant’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 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 the City 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 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 Consultant 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 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, 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, 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 this Section. 162 Professional Services Agreement – Engineering FY2024-2027 Page 5 of 12 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. 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 • 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 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. 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 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. 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, 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. 163 Professional Services Agreement – Engineering FY2024-2027 Page 6 of 12 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, the 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 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 13, 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 13(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 and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Russell Smith, Project Coordinator, or such other individual as City shall designate in 164 Professional Services Agreement – Engineering FY2024-2027 Page 7 of 12 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 designated by the City in writing 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 Greg Gabel, PE, Contract Manager, 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. 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. 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 and Equal Pay: 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 165 Professional Services Agreement – Engineering FY2024-2027 Page 8 of 12 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors 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 its employees and agents in safe work practices. 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 the 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 166 Professional Services Agreement – Engineering FY2024-2027 Page 9 of 12 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 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. 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 including the City Attorney’s Office staff. 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. 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. 167 Professional Services Agreement – Engineering FY2024-2027 Page 10 of 12 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 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. 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. 36. 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. 37. Web Accessibility and the Americans with Disabilities Act: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. 168 Professional Services Agreement – Engineering FY2024-2027 Page 11 of 12 If the Consultant’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG) (https://www.w3.org/WAI/). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 169 Professional Services Agreement – Engineering FY2024-2027 Page 12 of 12 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Jeff Mihelich, City Manager (insert title of signatory) DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 170 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Director of Strategic Services Max Ziegler - Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign Amendment 4 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 4 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On February 6, 2024, the City Commission approved Amendment 3 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services, updating the scope and total contract cost for the project. The amendment included several alternate items as well as the addition of two family changing rooms to the project. This amendment contains provisions for accepting Phase 2 Change Orders contained in Prime Contract Change Orders #5 and #6, allocation of contingency funds, and the closeout of allowance budgets, resulting in no change to the overall Contract Price. The Change Orders approved under this amendment include the allocation of remaining budget allowances to contingency, as well as draws from contingency to address conditions discovered through the execution of the project's scope of work. The most significant contingency draws were to make repairs to the pool structure which were exposed during demolition, and the replacement of a section of flat roofing where water damage was discovered. The project budget contained a healthy contingency fund, and all costs associated with change orders contained in Prime Contract Change Orders #5 and #6 have been covered by contingency draws while retaining ample contingency balances to cover the remainder of the project. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. 171 FISCAL EFFECTS:The changes included in this contract amendment will result in no change ($0) to the Guaranteed Maximum Price for this contract. Attachments: PSA 4th Amendment - Jackson Contractor Group - Swim Center GCCM.pdf Guaranteed Maximum Price Amendment No. 2 for Swim Center Renovation - Signed.pdf Report compiled on: July 18, 2024 172 4TH Amendment to Professional Services Agreement for Swim Center GC/CM Services FY 2023 – FY 2025 Page 1 of 2 4TH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS 4TH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Swim Center Renovation GC/CM Services dated March 21st, 2023, (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 Jackson Contractor Group, 146 Laura Louise Ln, Bozeman, MT 59718 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Services. Section 3 of the Original Agreement is amended to include the scope of services and fees specified in Swim Center Prime Contract Change Orders #5 and #6, attached to this Amendment as Exhibit A and Exhibit B. Exhibits A and B include the acceptance of approved Phase 2 project change orders, allocation of contingency funds, and closing of project allowances. The services included in Exhibits A and B are in addition to and supplement the Scope of Services in the Original Agreement. The acceptance of these Prime Contract Change Orders will result in no change ($0) to the overall contract Guaranteed Maximum Price. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 173 4TH Amendment to Professional Services Agreement for Swim Center GC/CM Services FY 2023 – FY 2025 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA JACKSON CONTRACTOR GROUP By________________________________ By_____________________________ Chuck Winn, Acting City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 174 EXHIBIT A 175 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: (406) 577-2772 Phone: 406-595-8470 Fax: (406) 587-4282 Prime Contract Change Order #005: May 2024 Approved PCO's TO:City of Bozeman PO Box 1230 Bozeman, Montana 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana 59806 DATE CREATED:5/ 21 /2024 CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) CONTRACT STATUS:Pending - In Review REVISION:0 DESIGNATED REVIEWER:Colton Morgan (Jackson Contractor Group, Inc.) REVIEWED BY: DUE DATE: REVIEW DATE: INVOICED DATE: PAID DATE: SCHEDULE IMPACT:EXECUTED:No CONTRACT FOR:03202202-01:City of Bozeman Swim Center TOTAL AMOUNT: $ 0.00 DESCRIPTION: See below the listed approved PCO's for May 2024. Approved PCO's #25 #26 #27 #28 #29 #30 #31 #32 #33 #34 #35 ATTACHMENTS: PCO #035 - Credit Flat Siding from PCO #24 - Signed.pdf PCO #033 - Replace Pool Shell Lights.pdf PCO #034 - Wainscot Wall Change Added ADA Grab Bar - Signed.pdf PCO #032 - Concrete Pad Design 5.15.24 - Signed.pdf PCO #025 - PH2 Allowance - Boiler Pump and Expansion Tank - Signed (1).pdf PCO #31 - Temporarily Reroute Gas Line.pdf PCO #030 - PH2 Allowance - Mechancal Fencing.pdf PCO #026 - PH2 Allowance - Bath Accessories - Signed (1).pdf PCO #028 - Phase 2 Permit Drawings Specifications Update Door Hardware Group #002 - Signed (1).pdf PCO #027 - PH2 Allowance - Downspout Removal and Replacement - Signed (1).pdf PCO #029 - Phase 2 Permit Drawings Specifications Update Door Hardware Group #002 (002) (1).pdf This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 025 PH2 Allowance - Boiler, Pump, and Expansion Tank 0 days 0.00 026 PH2 Allowance - Bath Accessories 0 days 0.00 027 PH2 Allowance - Downspout Removal and Replacement 0 days 0.00 Bozeman Office page 1 of 5 Printed On: 6/3/ 2024 08 :55 AM PCCO #005 176 028 Phase 2 Permit Drawings & Specifications Update Door Hardware Group #002 0 days 0.00 29 Replace Worn Flushing Valves 0 days 0.00 30 PH2 Allowance - Mechanical Equipment Fencing 0 days 0.00 31 Temporarily Reroute Bozeman High Gas Line 0.00 32 Dehumidifier Concrete Pad Design 0.00 33 Replace Pool Shell Lights 0.00 34 Wainscot Wall Change & Added ADA Grab Bar Per City Review 0.00 35 Credit Flat Siding from PCO #024 0.00 TOTAL:$0.00 CHANGE ORDER LINE ITEMS: PCO # 025 : PH2 Allowance - Boiler, Pump, and Expansion Tank #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE All Labor and materials to disconnect, remove, and haul away the existing boiler. Remove existing piping needed to accomplish plans on drawing 2M400. Furnish and install boiler, expansion tank, air separator, and all related equipment and piping for the system per plans and specifications. Subcontract $ 89,400.00 2 03 Bozeman Swim Center - Ph 2 17-0008 - BOILER, PUMPT & EXPANSION TANK All Labor and materials to disconnect, remove, and haul away the existing boiler. Remove existing piping needed to accomplish plans on drawing 2M400. Furnish and install boiler, expansion tank, air separator, and all related equipment and piping for the system per plans and specifications. Other ($90,000.00) 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Move remaining $600 from Boiler Allowance to Contingency Other $ 600.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 026 : PH2 Allowance - Bath Accessories #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 10-1400 - JACKSON SELF- PERFORM Procure & Install 2-EA toilet paper dispensers, 2-EA soap dispensers, and 2-EA paper towel dispensers per plans and specifications. Subcontract $ 600.00 2 03 Bozeman Swim Center - Ph 2 17-0009 - BATH ACCESSORIES Remove funding from allowance budget.Other ($1,000.00) 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Move remaining funding to contingency Other $ 400.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 027 : PH2 Allowance - Downspout Removal and Replacement #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 17-0006 - DOWNSPOUT REMOVAL AND REPLACEM Downspout Allowance Other ($5,000.00) 2 03 Bozeman Swim Center - Ph 2 07-7200 - ACE ROOFING Remove and reinstall downspouts at East Elevation Subcontract $ 4,234.00 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Balance of Allowance to Contingency Other $ 766.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 Bozeman Office page 2 of 5 Printed On: 6/3/ 2024 08 :55 AM PCCO #005 177 PCO # 028 : Phase 2 Permit Drawings & Specifications Update Door Hardware Group #002 #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 08-1300 - METAL DOORS Price Increase to change from Hardware Group #001 to #002 Subcontract $ 910.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency to cover price increase to change from Hardware Group #001 to #002 Other ($910.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 29 : Replace Worn Flushing Valves #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Furnish six (6) Sloan 111 manual flushometer valves for toilets in men’s and women’s restrooms. Furnish two (2) Sloan 186 manual flushometer valves for urinals in men’s restroom. Subcontract $ 1,475.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($1,475.00) Subtotal:$0.00 Insurance: 0.00% Applies to all line item types.0.00 Contractor's Fee: 0.00% Applies to all line item types.0.00 GRT: 0.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 30 : PH2 Allowance - Mechanical Equipment Fencing #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 01-5626 - TEMP FENCING Procure and install 41.5 linear feet of 6' tall chainlink fence with 1-EA 4' wide access gate as shown in the attached drawing. Fence posts are to be core drilled in concrete footings. Subcontract $ 3,762.00 2 03 Bozeman Swim Center - Ph 2 01-5626 - TEMP FENCING Demo and dispose of existing fence, posts, and gates. 2 Guys for 6 hours.Labor $ 773.64 3 03 Bozeman Swim Center - Ph 2 17-0003 - MECHANICAL EQUIPMENT FENCING Fund from Allowance Other ($10,000.00) 4 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Move Remaining Money to Contingency Other $ 5,464.36 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 31 : Temporarily Reroute Bozeman High Gas Line #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Procure and install a temporary gas line from the Northeast meter to the school connection to the South. Subcontract $ 2,656.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($2,656.00) Subtotal:$0.00 Insurance: 0.00% Applies to all line item types.0.00 Contractor's Fee: 0.00% Applies to all line item types.0.00 GRT: 0.00% Applies to all line item types.0.00 Grand Total:$0.00 Bozeman Office page 3 of 5 Printed On: 6/3/ 2024 08 :55 AM PCCO #005 178 PCO # 32 : Dehumidifier Concrete Pad Design #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 03-1150 - DASILVA CONCRETE Additional 5 Yards of concrete at $185/YD for the House Keeping Pad,Subcontract $ 925.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($925.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 33 : Replace Pool Shell Lights #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 26-0001 - SES ELECTRICAL COMPLETE Remove and replace 20-EA Pool Shell lights. Lights are provided by the owner. Pricing assumes owner-provided fixtures are a direct, screw-in replacement and no modifications to existing housing are necessary for fitment and or sealing of pool shell and existing light housings. Subcontract $ 3,600.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($3,600.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 34 : Wainscot Wall Change & Added ADA Grab Bar Per City Review #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 09-6800 - PIERCE TILING Procure and install additional wall tile per details 7/2A102 and 8/2A102.Subcontract $ 432.00 2 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Procure and install 1-EA 18" grab bar per detail 8/2A102.Subcontract $ 96.00 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($528.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 35 : Credit Flat Siding from PCO #024 #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 07-4623 - DIVISION 7 SIDING Credit Flat Siding Credit from PCO #024 Subcontract ($4,800.00) 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Other $ 4,800.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 The original (Contract Sum)$ 5,036,097.68 Net change by previously authorized Change Orders $ 434,678.12 The contract sum prior to this Change Order was $ 5,470,775.80 The contract sum would be changed by this Change Order in the amount of $ 0.00 The new contract sum including this Change Order will be $ 5,470,775.80 The contract time will not be changed by this Change Order Bozeman Office page 4 of 5 Printed On: 6/3/ 2024 08 :55 AM PCCO #005 179 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 5 of 5 Printed On: 6/3/ 2024 08 :55 AM PCCO #005 07/03/2024 7/18/2024 180 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 DRAFT Prime Contract Potential Change Order #025: PH2 Allowance - Boiler, Pump, and Expansion Tank TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:025 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM:Robert Abbott (Blind Squirrel, LLC (Abbott Plumbing)) CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Draft CREATED DATE:4/8 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:0 days PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: PH2 Allowance - Boiler, Pump, and Expansion Tank CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #040 - PH2 Allowance - Boiler, Pump, and Expansion Tank $90,000 allowance for Boiler equipment and installation. Abbott Plumbing: $89,400 All Labor and materials to disconnect, remove, and haul away the existing boiler. Remove existing piping needed to accomplish plans on drawing 2M400. Furnish and install boiler, expansion tank, air separator, and all related equipment and piping for the system per plans and specifications. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: Swim Center Boiler Proposal.pdf #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 17-0008 - BOILER, PUMPT & EXPANSION TANK All Labor and materials to disconnect, remove, and haul away the existing boiler. Remove existing piping needed to accomplish plans on drawing 2M400. Furnish and install boiler, expansion tank, air separator, and all related equipment and piping for the system per plans and specifications. Other $ 89,400.00 2 03 Bozeman Swim Center - Ph 2 17-0008 - BOILER, PUMPT & EXPANSION TANK All Labor and materials to disconnect, remove, and haul away the existing boiler. Remove existing piping needed to accomplish Other ($90,000.00) Bozeman Office page 1 of 2 Printed On: 4/9/ 2024 07 :39 AM PCO #025 181 plans on drawing 2M400. Furnish and install boiler, expansion tank, air separator, and all related equipment and piping for the system per plans and specifications. 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Move remaining $600 from Boiler Allowance to Contingency Other $ 600.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 4/9/ 2024 07 :39 AM PCO #025 4/25/2405/13/2024 182 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 DRAFT Prime Contract Potential Change Order #026: PH2 Allowance - Bath Accessories TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:026 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM:Colton Morgan (Jackson Contractor Group, Inc.) CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Draft CREATED DATE:4/8 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:0 days PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: PH2 Allowance - Bath Accessories CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #041 - PH2 Allowance - Bath Accessories $1,000 allowance for bath accessories at the added family restrooms. 2-EA toilet paper dispensers, 2-EA soap dispensers, and 2-EA paper towel dispensers were added to the permit set of drawings dated 3/5/2024. Jackson: $600 Install 2-EA toilet paper dispensers, 2-EA soap dispensers, and 2-EA paper towel dispensers per plans and specifications. The accessories listed above provided by owner. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: Swim Center PCO #026 - Bathroom Accessory Jackson Quote.pdf #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 10-2816 - BATH ACCESSORIES Procure & Install 2-EA toilet paper dispensers, 2-EA soap dispensers, and 2-EA paper towel dispensers per plans and specifications. Subcontract $ 600.00 2 03 Bozeman Swim Center - Ph 2 17-0009 - BATH ACCESSORIES Remove funding from allowance budget.Other ($1,000.00) 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Move remaining funding to contingency Other $ 400.00 Bozeman Office page 1 of 2 Printed On: 4/9/ 2024 09 :52 AM PCO #026 183 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 4/9/ 2024 09 :52 AM PCO #026 4/25/2405/13/2024 184 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 DRAFT Prime Contract Potential Change Order #027: PH2 Allowance - Downspout Removal and Replacement TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:027 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM:Jody Roberts (ACE Roofing, LLC)CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Draft CREATED DATE:4/8 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:0 days PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: PH2 Allowance - Downspout Removal and Replacement CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #039 - PH2 Allowance - Downspout Removal and Replacement $5,000 allowance to remove and re-install downspouts for exterior work on the East elevation. Ace Roofing: •$4,234 to remove and reinstall downspouts. •Material to be stored onsite and re-used. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: RE_ Swim Center Phase 2 Contract_ Submittal Register & Pay Application.msg #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 17-0006 - DOWNSPOUT REMOVAL AND REPLACEM Downspout Allowance Other ($5,000.00) 2 03 Bozeman Swim Center - Ph 2 07-7200 - ACE ROOFING Remove and reinstall downspouts at East Elevation Subcontract $ 4,234.00 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Balance of Allowance to Contingency Other $ 766.00 Bozeman Office page 1 of 2 Printed On: 4/9/ 2024 07 :42 AM PCO #027 185 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 4/9/ 2024 07 :42 AM PCO #027 4/25/2405/13/2024 186 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 DRAFT Prime Contract Potential Change Order #028: Phase 2 Permit Drawings & Specifications Update Door Hardware Group #002 TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:028 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM:Colton Morgan (Jackson Contractor Group, Inc.) CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Draft CREATED DATE:4/8 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:0 days PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Phase 2 Permit Drawings & Specifications Update Door Hardware Group #002 CHANGE REASON: Design Development POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #044 - Phase 2 Permit Drawings & Specifications Update Door Hardware Group #002 The pricing submitted by Anderson Steel for the hollow metal locker room door hardware was based on the specifications dated 6/30/2023, which only consisted of hardware group #001. The updated specifications call out newly added hardware group #002 for the two locker room doors. Anderson Steel has a pricing increase of $910 to provide hardware group #002. Jackson proposes to take this money from contingency with approval from the Owner. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: Hardware Group 2 Specifications.pdf Swim Center hardware change to Group #002.pdf #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 08-1300 - METAL DOORS Price Increase to change from Hardware Group #001 to #002 Subcontract $ 910.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency to cover price increase to change from Hardware Group #001 to #002 Other ($910.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Bozeman Office page 1 of 2 Printed On: 4/9/ 2024 07 :52 AM PCO #028 187 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 4/9/ 2024 07 :52 AM PCO #028 4/25/2405/13/2024 188 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #29: Replace Worn Flushing Valves TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:29 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM:Robert Abbott (Blind Squirrel, LLC (Abbott Plumbing)) CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:5/9 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:0 days PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Replace Worn Flushing Valves CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #049 - Replace Worn Flushing Valves During the removal of the toilets/urinals in the locker rooms, Abbott plumbing discovered one of the flushing valves is leaking and the other 7 are worn to the point they do not recommend installing the toilets/urinals again with the current valves. Abbott Scope: $1,475 - furnish six (6) Sloan 111 manual flushometer valves for toilets in men’s and women’s restrooms. - furnish two (2) Sloan 186 manual flushometer valves for urinals in men’s restroom. Jackson proposes to pull this from the contingency with owner approval. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Furnish six (6) Sloan 111 manual flushometer valves for toilets in men’s and women’s restrooms. Furnish two (2) Sloan 186 manual flushometer valves for urinals in men’s restroom. Subcontract $ 1,475.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($1,475.00) Subtotal:$0.00 Insurance: 0.00% Applies to all line item types.$ 0.00 Contractor's Fee: 0.00% Applies to all line item types.$ 0.00 GRT: 0.00% Applies to all line item types.$ 0.00 Bozeman Office page 1 of 2 Printed On: 5/9/ 2024 08 :32 AM PCO #29 189 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 5/9/ 2024 08 :32 AM PCO #29 05/13/2024 5/14/2024 5/14/2024 190 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #30: PH2 Allowance - Mechanical Equipment Fencing TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:30 / 1 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM: CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:5/9 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT:0 days PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: PH2 Allowance - Mechanical Equipment Fencing CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #036 - PH2 Allowance - Mechanical Equipment Fencing Jackson: Demo and dispose of existing fence, posts, and gates. Montana Fence: Procure and install 41.5 linear feet of 6' tall chainlink fence with 1-EA 4' wide access gate as shown in the attached drawing. Fence posts are to be core drilled in concrete footings. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: Colton Morgan (Rnd 2 PDF).pdf Mechanical Equipment Fence Mark Up.pdf #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 01-5626 - TEMP FENCING Procure and install 41.5 linear feet of 6' tall chainlink fence with 1-EA 4' wide access gate as shown in the attached drawing. Fence posts are to be core drilled in concrete footings. Subcontract $ 3,762.00 2 03 Bozeman Swim Center - Ph 2 01-5626 - TEMP FENCING Demo and dispose of existing fence, posts, and gates. 2 Guys for 6 hours.Labor $ 773.64 3 03 Bozeman Swim Center - Ph 2 17-0003 - MECHANICAL EQUIPMENT FENCING Fund from Allowance Other ($10,000.00) 4 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Move Remaining Money to Contingency Other $ 5,464.36 Bozeman Office page 1 of 2 Printed On: 5/14/ 2024 09 :06 AM PCO #30 191 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 5/14/ 2024 09 :06 AM PCO #30 05/14/2024 5/14/20245/14/2024 192 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #31: Temporarily Reroute Bozeman High Gas Line TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:31 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM: CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:5/14 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Temporarily Reroute Bozeman High Gas Line CHANGE REASON: Existing Condition POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) Temporarily Reroute Bozeman High Gas Line To avoid impacting the high school's operations during the school year, a 2" gas line coming off the meters on the northeast corner of the building needs to be temporarily rerouted during construction. Abbott: Procure and install a temporary gas line from the Northeast meter to the school connection to the South. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Procure and install a temporary gas line from the Northeast meter to the school connection to the South. Subcontract $ 2,656.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($2,656.00) Subtotal:$0.00 Insurance: 0.00% Applies to all line item types.$ 0.00 Contractor's Fee: 0.00% Applies to all line item types.$ 0.00 GRT: 0.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Bozeman Office page 1 of 2 Printed On: 5/14/ 2024 10 :38 AM PCO #31 193 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 5/14/ 2024 10 :38 AM PCO #31 5/14/202405/14/2024 5/14/2024 194 195 5/29/2024 196 197 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #33: Replace Pool Shell Lights TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:33 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM:Nick Strub (SES Electrical Systems LLC)CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:5/15 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Replace Pool Shell Lights CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #053 - Replace Pool Shell Lights Remove and replace 20-EA Pool Shell lights. Lights are provided by the owner. Pricing assumes owner-provided fixtures are a direct, screw-in replacement and no modifications to existing housing are necessary for fitment and or sealing of pool shell and existing light housings. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: CE2376.02 Pool lights.pdf FW Pool lights.msg #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 26-0001 - SES ELECTRICAL COMPLETE Remove and replace 20-EA Pool Shell lights. Lights are provided by the owner. Pricing assumes owner-provided fixtures are a direct, screw-in replacement and no modifications to existing housing are necessary for fitment and or sealing of pool shell and existing light housings. Subcontract $ 3,600.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($3,600.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Bozeman Office page 1 of 2 Printed On: 5/15/ 2024 12 :00 PM PCO #33 198 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 5/15/ 2024 12 :00 PM PCO #33 5/15/20245/23/2405/29/2024 199 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #034: Wainscot Wall Change & Added ADA Grab Bar Per City Review TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:034 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM: CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:5/21 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Wainscot Wall Change & Added ADA Grab Bar Per City Review CHANGE REASON: Design Development POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) Phase 2 Permit Drawings Wainscot Wall Change & Added ADA Grab Bar Per City Review See attached drawing 2A102 details 7 and 8. Per the City's review, an ADA grab bar had to be added and they extended the height and width of the Wainscot wall in the ADA bathroom. Abbott: - Procure and install 1-EA 18" grab bar per detail 8/2A102. Pierce Flooring: - Procure and install additional wall tile per details 7/2A102 and 8/2A102. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: 2A102_NEW_LOCKER_ROOM_FLOOR_PLAN_AND_REFLECTED_CEILING_PLAN.pdf #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 09-6800 - PIERCE TILING Procure and install additional wall tile per details 7/2A102 and 8/2A102.Subcontract $ 432.00 2 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Procure and install 1-EA 18" grab bar per detail 8/2A102.Subcontract $ 96.00 3 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Draw Other ($528.00) Subtotal:$0.00 Bozeman Office page 1 of 2 Printed On: 5/21/ 2024 04 :30 PM PCO #034 200 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 5/21/ 2024 04 :30 PM PCO #034 5/23/202405/29/2024 201 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #35: Credit Flat Siding from PCO #024 TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:35 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM: CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:5/29 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Credit Flat Siding from PCO #024 CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #057 - Credit Flat Siding from PCO #024 Per RFI #43 the flat metal siding that was added in PCO #24 has been removed and changed to the standard MS3 siding. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: Swim Center PCO #024.pdf #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 07-4623 - DIVISION 7 SIDING Credit Flat Siding Credit from PCO #024 Subcontract ($4,800.00) 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Other $ 4,800.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Bozeman Office page 1 of 2 Printed On: 5/29/ 2024 03 :47 PM PCO #35 202 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 5/29/ 2024 03 :47 PM PCO #35 5.29.24 05/30/2024 5/30/24 203 EXHIBIT B 204 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: (406) 577-2772 Phone: 406-595-8470 Fax: (406) 587-4282 Prime Contract Change Order #006: June 2024 Approved PCO's TO:City of Bozeman PO Box 1230 Bozeman, Montana 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana 59806 DATE CREATED:6/ 20 /2024 CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) CONTRACT STATUS:Pending - In Review REVISION:0 DESIGNATED REVIEWER:Colton Morgan (Jackson Contractor Group, Inc.) REVIEWED BY: DUE DATE:07/25 /2024 REVIEW DATE: INVOICED DATE: PAID DATE: SCHEDULE IMPACT:EXECUTED:No CONTRACT FOR:03202202-01:City of Bozeman Swim Center TOTAL AMOUNT: $ 0.00 DESCRIPTION: See below the listed approved PCO's for June 2024. Approved PCO's #36 #37 #38 #39 ATTACHMENTS: PCO #38 - Unknown Existing Condition Gutter Structure- Signed.pdf PCO #39 - Pool Mechanical Boiler Room Roof - Signed (1).pdf PCO #37 - Natatorium North Wall Painting.pdf PCO #36 - Plumbing Investigation and Slab Cutting - Executed (1).pdf This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 36 Plumbing Investigation and Slab Cutting 0.00 37 Natatorium North Wall Painting 0.00 38 Unknown Existing Condition - Gutter Structure 10 days 0.00 39 RFI #48: Pool Mechanical/Boiler Room Roof Unknown Conditions 7 days 0.00 TOTAL:$0.00 CHANGE ORDER LINE ITEMS: Bozeman Office page 1 of 3 Printed On: 7/2/ 2024 02 :39 PM PCCO #006 205 PCO # 36 : Plumbing Investigation and Slab Cutting #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 22-1000 - PLUMBING INVESTIGATION GPR - Scan and locate underground utilities in the locker rooms.Material $ 1,687.50 2 03 Bozeman Swim Center - Ph 2 22-1000 - PLUMBING INVESTIGATION Stokke - Cut concrete for investigation Material $ 1,775.00 3 03 Bozeman Swim Center - Ph 2 22-1000 - PLUMBING INVESTIGATION Jackson - Demo and dispose of cut-up concrete.Subcontract $ 1,765.96 4 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Additional investigation time to help us find and expose the lines to tie into. Subcontract $ 1,200.00 5 03 Bozeman Swim Center - Ph 2 03-1150 - DASILVA CONCRETE Pour back concrete after plumbing investigation Subcontract $ 2,246.07 6 03 Bozeman Swim Center - Ph 2 17-0010 - PLUMBING INVSTGTN & SLAB CTTNG Plumbing Investigation Allowance Other ($7,500.00) 7 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency For Allowance Overrun Other ($1,174.53) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 37 : Natatorium North Wall Painting #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Prep and paint the North mural wall with 2-3 coats as needed to fully cover the current dark paint colors on the wall. Subcontract $ 4,000.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Draw from Contingency Other ($4,000.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 PCO # 38 : Unknown Existing Condition - Gutter Structure #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 13-1101 - ANDERSON POOLS Provide all labor, supervision, equipment, and materials to accomplish the scopes listed herein. Demolish the existing front gutter wall down to solid concrete. Dowel in #3 FRP rebar at 10" O.C. with (2) #3 FRP horizontal bars at the top of the wall and mid-span. Completely remove/strip the existing waterproofing. Form and rebuild the front gutter wall with shotcrete to accommodate the new coping. Specific Inclusions: MT GRT Prevailing Wage and Certified Payroll The total amount of $66,238 is a not-to-exceed value. Jackson and Anderson Poolworks will track work on a T&M basis (rates listed below). Daily timesheets will be signed by the superintendents of Jackson and APW. Upon completion of the work, a reconciliation will occur to determine the final value, and a subsequent CCO will be sent with the approved value. Subcontract $ 0.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Draw Remainder from Contingency Other $ 0.00 3 03 Bozeman Swim Center - Ph 2 17-0005 - STRUCT. REPAIR AT POOL (60 LF)Draw from Structural Pool Repairs Allowance Other $ 0.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 Bozeman Office page 2 of 3 Printed On: 7/2/ 2024 02 :39 PM PCCO #006 206 PCO # 39 : RFI #48: Pool Mechanical/Boiler Room Roof Unknown Conditions #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 07-7200 - ACE ROOFING Remove & dispose existing roofing system Remove & Replace roof sheathing, 5/8" OSB Supply & Install 725TR Vapor Barrier *Supply & Install 2 layers 2.6" polyiso insulation (R-30) Supply & Install ½” HD ISO coverboard (mechanically attached) Supply & Install 60mill EPDM membrane (fully adhered) Supply & Install flashing & Copings (standard 24 gauge galvanized steel) Specific Inclusions: - MT GRT - Prevailing wage and certified payroll Subcontract $ 41,871.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Draw from Contingency Other ($41,871.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00 Grand Total:$0.00 The original (Contract Sum)$ 5,036,097.68 Net change by previously authorized Change Orders $ 434,678.12 The contract sum prior to this Change Order was $ 5,470,775.80 The contract sum would be changed by this Change Order in the amount of $ 0.00 The new contract sum including this Change Order will be $ 5,470,775.80 The contract time will not be changed by this Change Order Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 3 of 3 Printed On: 7/2/ 2024 02 :39 PM PCCO #006 207 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #36: Plumbing Investigation and Slab Cutting TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:36 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM: CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:6/7 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Plumbing Investigation and Slab Cutting CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #042 - PH2 Allowance - Plumbing Investigation and Slab Cutting $7,500 allowance for plumbing investigation and slab cutting for plumbing lines in added family restrooms. See the attached photos of cutting required to find the plumbing lines. They were not where they were supposed to be per the plans and additional cutting, demoing and investigation were needed. GPR: $1,687.50 - Scan and locate underground utilities in the locker rooms. Stokke Concrete Cutting: $1,775 - Cut concrete for investigation. Jackson: $1,765.96 - Demo and dispose of cut-up concrete. Abbott: $1,200.00 - Additional investigation time to help us find and expose the lines to tie into. Dasilva Concrete: $2,246.07 - Pour back concrete after plumbing investigation. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: 899FBBDA-21C7-4BBB-8998-61BA7941FEB1.jpeg FD14564F-9A20-40F6-A73D-AEDD1444FB29.jpeg 31979BFE-8D9D-42CD-BB55- 8C1FFF7AD97E.jpeg 62F7952F-5207-4AD6-9F07-2341D590C873.jpeg Bozeman Office page 1 of 2 Printed On: 6/7/ 2024 11 :29 AM PCO #36 208 #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 22-1000 - PLUMBING INVESTIGATION GPR - Scan and locate underground utilities in the locker rooms.Material $ 1,687.50 2 03 Bozeman Swim Center - Ph 2 22-1000 - PLUMBING INVESTIGATION Stokke - Cut concrete for investigation Material $ 1,775.00 3 03 Bozeman Swim Center - Ph 2 22-1000 - PLUMBING INVESTIGATION Jackson - Demo and dispose of cut-up concrete.Subcontract $ 1,765.96 4 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Additional investigation time to help us find and expose the lines to tie into. Subcontract $ 1,200.00 5 03 Bozeman Swim Center - Ph 2 03-1150 - DASILVA CONCRETE Pour back concrete after plumbing investigation Subcontract $ 2,246.07 6 03 Bozeman Swim Center - Ph 2 17-0010 - PLUMBING INVSTGTN & SLAB CTTNG Plumbing Investigation Allowance Other ($7,500.00) 7 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency For Allowance Overrun Other ($1,174.53) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 6/7/ 2024 11 :29 AM PCO #36 6/10/2406/10/2024 6/12/2024 209 210 211 212 213 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Phone: (406) 577-2772 Fax: (406) 587-4282 Project: 03202202 - City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone: 406-595-8470 Prime Contract Potential Change Order #37: Natatorium North Wall Painting TO:City of Bozeman PO Box 1230 Bozeman Montana, 59771-1230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana, 59806 PCO NUMBER/REVISION:37 / 0 CONTRACT:03202202-01 - City of Bozeman Swim Center REQUEST RECEIVED FROM:Max Ziegler (City of Bozeman)CREATED BY:Colton Morgan (Jackson Contractor Group, Inc.) STATUS:Pending - In Review CREATED DATE:6/13 /2024 REFERENCE: PRIME CONTRACT CHANGE ORDER: None FIELD CHANGE:No LOCATION:Bozeman Swim Center ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: PAID IN FULL:No TOTAL AMOUNT:$0.00 POTENTIAL CHANGE ORDER TITLE: Natatorium North Wall Painting CHANGE REASON: Allowance POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #054 - Natatorium North Wall Painting Based on conversations between Jackson and the City of Bozeman, it has been requested to paint the north wall of the natatorium. The wall will be painted white to match the other walls. This pricing assumes the current paint on the wall is suitable for repainting without needing to be stripped off. The scoreboard will remain in place. Another Peters Painting will do its best to paint behind the scoreboard; however, there will be areas behind the scoreboard that they will not be able to reach without removing it. Another Peter's Painting - Prep and paint the North mural wall with 2-3 coats as needed to fully cover the current dark paint colors on the wall. Price, including any other qualifications associated with this PCO are valid for (5) business days only. Due to unprecedented impacts to global supply chains associated with the CV19 Pandemic and other related events, Jackson Contractor Group and it’s Project Subsidiaries, cannot guarantee the Terms and Conditions of this PCO beyond that time. Should this PCO not be authorized within this timeline Jackson reserves the right to update all Price, Schedule, Qualifications and other Terms and Conditions included here-in. This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract. ATTACHMENTS: #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Prep and paint the North mural wall with 2-3 coats as needed to fully cover the current dark paint colors on the wall. Subcontract $ 4,000.00 2 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Draw from Contingency Other ($4,000.00) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.$ 0.00 Contractor's Fee: 8.00% Applies to all line item types.$ 0.00 GRT: 1.00% Applies to all line item types.$ 0.00 Bozeman Office page 1 of 2 Printed On: 6/13/ 2024 08 :06 AM PCO #37 214 Grand Total:$0.00 Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104 PO Box 1230 PO Box 967 Missoula Montana 59802 Bozeman Montana 59771-1230 Missoula Montana 59806 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 6/13/ 2024 08 :06 AM PCO #37 6/13/2024 06/13/2024 215 GUARANTEED MAXIMUM PRICE AMENDMENT (GMP) NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Article 4 of the Professional Services Agreement between Owner and Construction Manager this amendment dated the 6th day of February 2024, between City of Bozeman (“Owner”) and Jackson Contractor Group, Inc. (“Contractor”) for the Bozeman Swim Center Renovation, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN SWIM CENTER RENOVATION The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Base Bid General Conditions $657,822.00 Phase 1 Phase 1 Permit 1 Construction Services $32,075.24 Phase 1 Permit 2 Wood, Metals, Misc. $194,172.40 Exterior Art Grid $15,456.28 Roofing $519,808.11 EIFS Demo, New Siding, and Insulation $567,583.13 Paint $16,928.00 Tile $2,500.00 Drywall $11,279.50 Signage $4,955.30 Plumbing $13,600.00 Mechanical $5,980.00 Electrical $17,085.00 Exterior Improvements $22,969.00 Phase 2 Demolition and Misc. $5,842.00 Masonry $34,178.00 Replace all Ceiling Tiles with new standard tiles $306,239.00 Resurface Pool + Tile Lanes $867,833.41 Replace Gutter coping with Federal Stone Slot Drain Incl. in Above New Ladders and Lane Anchors Incl. in Above Patch tile, oxidize substrate, support existing decks $38,432.00 DocuSign Envelope ID: C7012845-9758-4A60-BDDD-652EC009AD80 216586 Locker Room Tile $137,332.00 Drywall & Metal Framing $9,328.00 Specialties $4,029.00 Procure Mechanical Equipment $445,000.00 Locker Room Plumbing $33,700.00 Remove and Replace Natatorium HVAC, Replace MAU, Exhaust Fans, PTAC, TAB $264,000.00 Locker Room Ceiling Heaters, T-Stats, Exhausting $6,785.00 Replace all Lighting Fixtures and Controls + HVAC Electrical $159,687.00 Exterior Siding @ East Elevation $106,342.00 Patch CMU + Paint $19,250.00 Locker Room Doors & Frames $6,726.00 Doors at front desk to Natatorium $15,049.00 Allowances 10% Ceiling Grid Repair $6,800.00 Additional Tile Removal for waterproofing connection $15,000.00 Mechanical Equipment Fencing $10,000.00 Repairs of Pool Inlets $1,500.00 Structural Repair at Pool (60 LF) $26,500.00 Downspout removal and replacement $5,000.00 Boiler, Pump, and Expansion Tank $90,000.00 Bath Accessories $1,000.00 Plumbing Investigation and Slab Cutting $7,500.00 Subtotal $4,705,266.37 Fees/Contingency Construction Contingency 5% $164,355.00 Permit Fees 1% construction $47,055.20 Bond 1% $45,294.27 Insurance 1% $49,168.27 GRT 1% $54,708.21 Contractors Fee 8% $404,928.48 Total: $5,470,775.80 TOTAL GUARANTEED MAXIMUM PRICE $5,470,775.80 CONTRACT TIME The date of Substantial Completion for the Work outlined above is: 10/24/2024 DocuSign Envelope ID: C7012845-9758-4A60-BDDD-652EC009AD80 217587 OWNER: CONTRACTOR: City of Bozeman Jackson Contractor Group, Inc. 121 N. Rouse Ave. 146 Laura Louise Ln. Bozeman, MT 59715 Bozeman, MT 59718 By:__________________________ By: __________________________ Jeff Mihelich, City Manager Mike Chase, Senior Project Manager DocuSign Envelope ID: C7012845-9758-4A60-BDDD-652EC009AD80 XXXXXXXXXXXXXXXXXXXXXXX Chuck Winn, Acting City Manager 218588 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order Nine with Economic and Planning Systems for an Independent Financial Review of the 7th and Aspen Tax Increment Financing Request MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order nine with Economic and Planning Systems for an independent financial review of the 7th and Aspen tax increment financing request. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:This task order is to conduct an independent financial review of the 7th and Aspen real estate project and its request for tax increment financing. The purpose is to determine if the project has a financing gap that warrants the investment of public funds to make the project feasible. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Board. FISCAL EFFECTS:The task order is not to exceed $13,440 and is available in the Midtown Urban Renewal District budget. Attachments: Task Order 9 - 7th & Aspen TIF request analysis full.pdf Report compiled on: July 17, 2024 219 City of Bozeman Term Contract with Economic & Planning Systems, Inc. Task Order Number 9: 7th & Aspen Tax Increment Financing Request Analysis PROJECT: 7th & Aspen Tax Increment Financing Request Issued under the authority of the City of Bozeman Professional Services Agreement Term Contract with Economic and Planning Systems, Inc. to support Economic Development and Community Housing programs. This Task Order is dated August 6, 2024 between the City of Bozeman Economic Development Department and Economic & Planning Systems, Inc. (EPS) (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Brian Duffany, Principal, Economic & Planning Systems SCOPE OF WORK: Proforma Analysis of the 7th and Aspen Real Estate Project COMPENSATION: EPS will bill for its services on a time and materials basis not to exceed $13,440 IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Economic & Planning Systems Chuck Winn Brian Duffany Interim City Manager Principal 220 Economic & Planning Systems, Inc. 233073-3 7th and Aspen TIF Review Scope.docx 1 Scope of Work Project Name: 7th and Aspen TIF Review EPS Project # 233073-2 City Task Order Number: 13 Budget: $13,440 This scope of work is to conduct an independent financial review of the 7th and Aspen real estate project and its request for tax increment financing. The purpose is to determine if the project has a financing gap that warrants the investment of public funds to make the project feasible. The estimated budget by staff level is shown below and is not to exceed $13,440. EPS may allocate hours across staff levels as needed so long as the total cost is not exceeded without authorization from the City. Description Principal Senior Associate Associate Research Analyst Total Billing Rate $250 $175 $150 $110 Proforma Analysis 16.00 24.00 32.00 4.00 $13,440 221 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Task Order Number 9 for the Right of Way Acquisition Project with Sanderson Stewart to Complete Waiver Valuations to Provide Easements to Northwestern Energy Across Christie Fields and Langhor Gardens MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Task Order Number 9 for the Right of Way Acquisition Project with Sanderson Stewart to complete waiver valuations to provide easements to Northwestern Energy across Christie Fields and Langhor Gardens. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Task Order Number 9 with Sanderson Stewart for the Right of Way Acquisition Project to complete waiver valuations to provide easements to Northwestern Energy across Christie Fields and Langhor Gardens. Northwestern Energy has an existing overhead power line that crosses Langhor Gardens that does not have an associated easement. They have requested and easement to cover that existing line. Additionally, they would like a new easement across Christy Fields to relocate an existing line from the adjacent neighbor’s property to just inside the park. The City has a term contract with Sanderson Stewart for right of way acquisition services. Under this Task Order, they will prepare waiver valuations to determine the value of the easements which will be paid by Northwestern Energy. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The proposed fee for this scope of work is paid on a time and materials basis with a total cost not to exceed amount of $5,544.00. This cost will be included in the price of the easements for reimbursement by Northwestern Energy. 222 Attachments: Task Order Number 9.pdf Report compiled on: July 24, 2024 223 _______ PM Initials July 23, 2024 Mr. Bob Murray, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Reference: City of Bozeman Land Agent Services FY 2021 - FY 2022 Project Scope of Work – Task Order No. #9 Christie Fields and Langohr Gardens Waiver Valuations (UT Easements) Dear Mr. Murray: The following is a proposal for Sanderson Stewart to provide services for your project referenced above and as described in the Overview section to follow. If this proposal is acceptable to you, please execute this agreement by signing and dating the signature page. This agreement sets forth the terms of the contract between the City of Bozeman (hereinafter “Client”) and Sanderson Stewart. The Professional Services Agreement for Streets and Utilities Land Agent Service FY 2021-FY 2022 master services agreement is expressly incorporated into and made part of the contract between the Client and Sanderson Stewart. Project Overview We understand the City of Bozeman is considering the sale of utility easements to across two City parks, Langohr Gardens and Christie Fields, in the near future. As part of the evaluation process, the City has requested valuations be completed for the two (2) subject properties adjacent to East/West Mason Street. Sanderson Stewart will provide professional realty services to estimate the value of new utility easements across property owned by the City. Scope of Work Sanderson Stewart will provide the following services as part of the basic scope of work: 1. Appraisals and Valuations This phase of the project consists of the preparation of appraisal and valuation documents to value the property rights to be acquired. Subtasks under Item 1 will include the following: TG 224 Mr. Bob Murray, PE July 23, 2024 Page 2 _______ PM Initials • Waiver valuations will be completed for two (2) parcels by Sanderson Stewart for utility easement acquisitions across Langohr Gardens Park and Christie Fields Park • Team coordination • QA/QC of valuation documents 2. Project Administration This phase of the project consists of the activities to manage the project requirements, deliverables, and tasks. Subtasks under Item 2 will include the following: • Project status updates • Budget and schedule monitoring and planning • Invoicing and billing Scope of Work Exclusions Any services not discussed in the scope of work section of this proposal are excluded from the contract. The following is a list of services expressly excluded from the proposed scope of work: • Acquisition negotiations or additional R/W acquisition tasks Sanderson Stewart assumes no responsibility to perform any services not specifically listed in the scope of work. If the Client and Sanderson Stewart agree in writing by an amendment to this agreement, Sanderson Stewart will provide additional services as requested by the Client. The above notwithstanding, Sanderson Stewart shall have the right but not the obligation to provide, without advance authorization from the Client, other services made necessary by the default of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon as reasonably possible. Project Schedule Sanderson Stewart and the Client will work cooperatively to develop a proposed schedule for initiation and delivery of the project scope of work. This schedule shall include reasonable allowances for performance of services by Sanderson Stewart and by Client’s consultants (those not under contract with Sanderson Stewart), review and approval times as required by the Client, and review and approval times required by all public authorities having jurisdiction over the project. This schedule shall be adjusted as the project progresses, allowing for changes in scope, character, or size of the project requested by the Client, or for delays or other causes beyond Sanderson Stewart’s reasonable control. TG 225 Mr. Bob Murray, PE July 23, 2024 Page 3 _______ PM Initials Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total cost not to exceed $5,544.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. Right-of-Way Acquisition 1. Appraisals and Valuations $4,707.00 2. Project Administration $837.00 Total $5,544.00 Sanderson Stewart will submit monthly invoices to the Client for work accomplished during the preceding invoice period. That invoice period will typically be approximately 30 days and will follow a calendar month schedule. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be submitted by Sanderson Stewart as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. Expiration of Proposal: If the Client does not provide Sanderson Stewart with a signed copy of this proposal within 30 days from the proposal date on the first page, the offer to perform services as described herein will expire and be revoked. Should that occur, Sanderson Stewart will gladly work with the Client to provide a renewed proposal with updated terms, fees, and conditions as required. Entire Agreement: This agreement, including the Professional Services Agreement for Streets and Utilities Land Agent Service FY 2021-FY 2022 master services agreement, constitutes the entire agreement between Sanderson Stewart and Client. It supersedes all prior communications, understandings, and agreements, whether oral or written. It shall become effective after being signed and dated by both parties and upon each page being initialed by Sanderson Stewart. Any amendment or modification to this contract must be written and executed by both Sanderson Stewart and Client. TG 226 Mr. Bob Murray, PE July 23, 2024 Page 4 _______ PM Initials Conclusion Bob, we look forward to working with you on this very unique project. Feel free to call me at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your approval, simply mail or email this signed and dated agreement to our office at 106 East Babcock Street, Suite L1, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, P.E., REALTOR® Senior Engineer / Right-of-Way Specialist Project Manager TG 227 Mr. Bob Murray, PE July 23, 2024 Page 5 _______ PM Initials This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Sanderson Stewart (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By: By: Print Name: Print Name: Print Title: Print Title: Date: Date: TG/CN - WRITER/reviewer Enc. TG 228 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Resolution 5599, Adoption of the Baxter 80 Annexation, Annexing Approximately 81.619 acres and Adjacent Rights-of-Way; the Property is Generally Located on the Northwest Corner of West Oak Street and Laurel Parkway, Application 23208 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5599 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission approved Application 23208 on March 26, 2024, to annex 42.042 acres and establish an initial zoning designation of R-5 (Residential High Density Mixed District) and R-4 (Residential High-Density District), subject to terms of annexation and contingencies for zoning. The property is located is located on the northwest corner of West Oak Street and Laurel Parkway. Final documents and easements were received by the Applicant on May 14, 2024. A signed annexation agreement was received on May 14, 2024, and metes and bounds property description was received on June 18, 2024. The Commission voted (4:0) to approve the annexation. The Commission voted (3:1) to approve the zone map amendment for the property, Commissioner Madgic dissenting. The proposed annexation would bring in additional right of way to build sections of Wet Oak, Laurel Parkway, and Baxter Lanes, and upon future development additional internal local street network. The property is currently vacant with no existing development or city services on the parcel. Nearby municipal zoning includes REMU, R-4, R-3, and B-2M. The remaining area is bordered by un-annexed property zoned A-S in 229 the Gallatin County Bozeman Area Zoning District. The subject properties are within the urban planning and municipal service area for the City. UNRESOLVED ISSUES:There are no unresolved issues with this Resolution. ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 23208 Baxter 80 Resolution 5599.pdf 001 Baxter 80-ANNEXATION.pdf 23208 Baxter 80 Annexation Agreement.pdf Report compiled on: July 23, 2024 230 Version April 2020 Page 1 of 3 RESOLUTION 5599 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS BAXTER 80 ANNEXATION, APPLICATION 23208. WHEREAS, the City of Bozeman received a petition for annexation from True North Partners, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 82.042 acres, described herein; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on March 26, 2024; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on March 26, 2024; and WHEREAS, the City received written protest from 12 percent of the real property owners of the area to be annexed; and WHEREAS, on June 18, 2024, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. 231 Version April 2020 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 82.042 acres, to wit: Legal Description An area of land comprised described as follows: Tract 4 of Certificate of Survey 2552, located in the northwest quarter of Section 4, Township 2 South, Range 5 East, and the south 30 feet of Tract 4 of Certificate of Survey 2672A, being the north 30 feet of the Baxter Lane right-of-way, located in the southwest quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: Beginning at the quarter corner of Section 4, Township 2 South, Range 5 East, and Section 33, Township 1 South, Range 5 East, monumented with an aluminum cap on a 5/8-inch rebar; thence S0°39'55”W 2640.33 feet along the west line of Phase 1 of the Northwest Crossing Subdivision; thence S89°18'29”W 1332.34 feet along the north line of Phase 2 of Laurel Glen Subdivision to the southeast corner of Tract 3 of Certificate of Survey 2552; thence N0°45'29"E 2646.91 feet along the east lines of Tract 2 and Tract 3 of said Certificate of Survey 2552 to the northeast corner of said Tract 2, also being the southwest corner of Tract 4 of Certificate of Survey 2672A; thence N0°45'29"E 30.00 feet along the west line of said Tract 4 of Certificate of Survey to the northerly limit of the Baxter Lane right-of-way; thence N89°35'15"E 1327.87 feet along the northerly limit of the Baxter Lane right-of-way to the east line of Tract 4 of COS 2672A, thence S0°39'55”W 30.00 feet to the Point of Beginning, containing 82.042 acres and all as shown on said Certificates of Survey 2552 and 2672A. Containing 82.042 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. All as depicted on the Baxter 80 Annexation Map. 232 Version April 2020 Page 3 of 3 Section 2 This Resolution is effective upon recording with the Gallatin County Clerk and Recorder. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___th day of _____________, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 233 WWWWWSS89°18'29"W 1332.34'N0°45'29"E 2646.92' N0°26'09"E 2689.22' S0°39'55"W 50.00' N0°45'29"E 50.00' ©COPYRIGHT MORRISON-MAIERLE, SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2023 Plotted by dom goble on Dec/11/2023U:\6893 True North Partners\002_Baxter 80 Minor Subdivision\ACAD\Exhibits\Annexation Exhibits.dwgBAXTER 80 MINOR SUBDIVISION ANNEXATION MAP BOZEMAN MONTANA 6893.002 SHT. 1 DDG HYALITE GG 10/2023engineers surveyors planners scientists MorrisonMaierle 172 Timberwolf Parkway Kalispell, MT 59901 Phone: 406.752.2216 www.m-m.net 150 3000 SCALE IN FEET BAXTER 80 ANNEXATION MAP PROP O S E D Z O NI N G: R- 4 PROP O S E D Z O NI N G: R- 5 ANNEXATION AREA SUMMARY TOTAL ANNEXATION AREA: 49.34 acres (2,149,245 Sq. Ft.) 82.04 acres (3,573,748) Sq. Ft. R-5 ZONING: 32.70 acres (1,424,503 Sq. Ft.)R-4 ZONING: 90' LAUREL PARKWAY RIGHT-OF-WAY 125' WEST OAK STREET RIGHT-OF-WAY NORT H W E S T C R O S SI N G SUBDI VI SI O N (REMU Z OI NI N G) TRAC T 2 C O S 2 5 5 2 (AS ZO NI N G) TRAC T 3 C O S 2 5 5 2 (AS ZO NI N G ) TRAC T 7 C O S 2 7 6 2 A (RR/A Z O NI N G) TRAC T 4 C O S 2 6 7 2 A (AS Z O NI N G) TRAC T 1 C O S 2 5 5 3 A (AS Z O NI N G ) LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) Tract 4 of Certificate of Survey 2552, located in the northwest quarter of Section 4, Township 2 South, Range 5 East, and the south 50 feet of Tract 4 of Certificate of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the southwest quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: Beginning at the quarter corner of Sections 4, Township 2 South, Range 5 East, and Section 33, Township 1 South, Range 5 East, monumented with an aluminum cap on a 5/8-inch rebar in the centerline of the 100-foot right-of-way of Baxter Lane; thence S0°39'55”W 2640.33 feet along the east line of Tract 4 of Certificate of Survey 2552 and the centerline of the 90-foot wide right-of-way of Laurel Parkway to the southeast corner of said Tract 4 in the centerline of the 125-foot right-of-way of West Oak Street; thence S89°18'29”W 1332.34 feet along the north line of Laurel Glen Subdivision Phase 2 and the centerline of West Oak Street to the southeast corner of Tract 3 of said Certificate of Survey 2552; thence N0°45'29"E 2646.92 feet along the east lines of Tract 2 and Tract 3 of said Certificate of Survey 2552 to the northeast corner of said Tract 2; thence N0°45'29"E 50.00 feet along the west line of Tract 4 of Certificate of Survey 2672A to the north right-of-way line of Baxter Lane; thence N89°35'15"E 1327.92 feet along said north right-of-way line to the east line of said Tract 4 of Certificate of Survey 2672A; thence S0°39'55"W 50.00 feet along said east line to the Point of Beginning, containing 82.042 acres. LEGAL DESCRIPTION OF LAND TO BE ANNEXED TRACT 4 OF CERTIFICATE OF SURVEY 2552, LOCATED IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND THE SOUTH 50 FEET OF TRACT 4 OF CERTIFICATE OF SURVEY 2672A, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, MONTANA, GALLATIN COUNTY ZONING R-4 AND R-5(PREVIOUSLY AS) P.O.B.N89°35'15"E 1327.92'S0°39'55"W 2640.33 TRACT 4 C.O.S. 2552 EXISTING STRUCTURE EDGE OF WATER WETLAND BOUNDARY DELINEATED BY WOODARD AND CURRAN IN 2021 100' BAXTER LANE RIGHT-OF-WAY REVISED:12/2023 1/4 Corner Sections 4 & 33 234 BAXTER 80 Annexation Agreement, Application 23208 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 BAXTER 80 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2023, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and True North Partners, LLC, 60 Aajker Creek, Bozeman, MT 59901, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the BAXTER 80 ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: Tract 4 of Certificate of Survey 2552, located in the Northwest Quarter of Section 4, Township 2 South, Range 5 East, and the South 50 feet of Tract 4 of Certificate of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the Southwest Quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: 235 BAXTER 80 Annexation Agreement, Application 23208 2 Beginning at the quarter corner of Sections 4, township 2 south, range 5 east, and section 33, township 1 south, range 5 east, monumented with an aluminum cap on a 5/8-inch rebar in the centerline of the 100-foot right-of-way of Baxter Lane; thence S0°39'55”W 2640.33 feet along the east line of tract 4 of Certificate of Survey 2552 and the centerline of the 90-foot wide right-of-way of laurel parkway to the southeast corner of said tract 4 in the centerline of the 125-foot right-of-way of West Oak Street; thence S89°18'29”W 1332.34 feet along the north line of Laurel Glen Subdivision Phase 2 and the centerline of West Oak Street to the southeast corner of Tract 3 of said COS 2552; thence N0°45'29"E 2646.92 feet along the east lines of Tract 2 and Tract 3 of said COS 2552 to the northeast corner of said Tract 2; thence N0°45'29"e 50.00 feet along the west line of Tract 4 of COS 2672A to the north right-of-way line of Baxter Lane; thence N89°35'15"E 1327.92 feet along said north right-of-way line to the east line of said Tract 4 of Certificate of Survey 2672A; thence S0°39'55"W 50.00 feet along said east line to the point of beginning, containing 82.042 acres. SUBJECT to all easements of record or apparent from visual inspection of the property. All as depicted on the BAXTER 80 Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of the BAXTER 80 ANNEXATION; and WHEREAS, the BAXTER 80 ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the BAXTER 80 ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BAXTER 80 236 BAXTER 80 Annexation Agreement, Application 23208 3 ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the BAXTER 80 ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the BAXTER 80 ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 237 BAXTER 80 Annexation Agreement, Application 23208 4 2. Annexation The Landowner filed an application for annexation of the BAXTER 80 ANNEXATION with the City on February 27, 2024. By execution of this Agreement, the City manifests its intent to annex the BAXTER 80 ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the BAXTER 80 ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the BAXTER 80 ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the BAXTER 80 ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the BAXTER 80 ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the BAXTER 80 ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 238 BAXTER 80 Annexation Agreement, Application 23208 5 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the BAXTER 80 ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the BAXTER 80 ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees the Landowner must provide water rights or cash in-lieu of water rights upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development that the City of Bozeman determines are useful for City 239 BAXTER 80 Annexation Agreement, Application 23208 6 purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Public Utilities, prior to development. 7. Comprehensive Water and Wastewater Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the BAXTER 80 ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the BAXTER 80 ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the BAXTER 80 ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at 240 BAXTER 80 Annexation Agreement, Application 23208 7 Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the BAXTER 80 ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the BAXTER 80 ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the BAXTER 80 ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the BAXTER 80 ANNEXATION. 10. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts (SID) or Special Improvement Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and 241 BAXTER 80 Annexation Agreement, Application 23208 8 stormwater drainage facilities, and fiber optic conduit for the following streets identified by the Development Review Committee for: a. Street improvements to Baxter Lane from Rosa Way to Gooch Hill Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Laurel Parkway from Baxter Lane to W Oak St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Gooch Hill Rd from Baxter Lane to W Oak St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to W Oak Street from Gooch Hill Rd to Rosa Way including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts (“SID”) or Special Districts for the following Intersection improvements identified by the Development Review Committee including lighting, signalization and channelization, paving, curb/gutter, sidewalk, and storm drainage for: a. Intersection improvements at Gooch Hill Rd and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Baxter Lane and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at W Oak Street and Gooch Hill Rd including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at W Oak St and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. 242 BAXTER 80 Annexation Agreement, Application 23208 9 The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. C. Landowner agrees that in the event a special district or an SID is not utilized for the completion of these improvements as described in subsection A above, the Landowner shall participate in an alternative financing method for the completion of the improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. D. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. 11. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement must be provided for delivery of municipal service with future development and such easement shall be provided at the Landowner’s sole expense. A right of way for Laurel Parkway, classified as a Collector in the Bozeman Transportation Master Plan (TMP), has a minimum right-of-way ROW width of 90 feet. The applicant must provide their respective Laurel Parkway ROW where Laurel parkway is adjacent to or crosses the property prior to the adoption of Resolution of Annexation. The Landowner understands and agrees that a public street and utility easement must be provided concurrent with signature of this agreement for Laurel Parkway is adjacent to or crosses the BAXTER 80 ANNEXATION to include half of the 90-foot required right of way for a collector adjacent to the BAXTER 80 ANNEXATION. The Landowner, at its sole expense, has created such easements in a location and 243 BAXTER 80 Annexation Agreement, Application 23208 10 form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder’s Office. A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. A right of way for West Oak Street, classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), has a minimum right-of-way ROW width of 100 feet. The applicant must provide their respective Laurel Parkway ROW where Laurel parkway is adjacent to or crosses the property prior to the adoption of Resolution of Annexation. The Landowner understands and agrees that a public street and utility easement must be provided concurrent with signature of this agreement for West Oak Street is adjacent to or crosses the BAXTER 80 ANNEXATION to include half of the 100-foot required right of way for a collector adjacent to the BAXTER 80 ANNEXATION. The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder’s Office. A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The Landowner understands and agrees that a public street and utility easement must be provided for delivery of municipal service with future development and such easement shall be provided at the Landowner’s sole expense. The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development, and in such event, the easement shall be provided at the Landowner’s sole expense. 244 BAXTER 80 Annexation Agreement, Application 23208 11 12. Street Improvements The Landowner understands and agrees that at the time of future development the portion of the BAXTER 80 ANNEXATION and its related transportation infrastructure fronting the BAXTER 80 ANNEXATION this property must be improved to a City standard at Landowner’s expense. 13. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off- site, necessary to provide connection of the BAXTER 80 ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the City are considered 245 BAXTER 80 Annexation Agreement, Application 23208 12 “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 14. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the BAXTER 80 ANNEXATION will be subject to City assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 15. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the BAXTER 80 ANNEXATION. The parties further agree that the City may file these documents at any time. 16. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 17. Attorney’s Fees 246 BAXTER 80 Annexation Agreement, Application 23208 13 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 18. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 19. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 20. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 22. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 247 BAXTER 80 Annexation Agreement, Application 23208 14 23. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the BAXTER 80 ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. 248 BAXTER 80 Annexation Agreement, Application 23208 15 LANDOWNER __________________________________________ True North Partners, LLC By: Tracy Poole Title: Owner STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2024, before me, the undersigned, a Notary Public for the State of Montana, personally appeared _Tracy Poole__, known to me to be the _Owner_ of True North Partners, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 249 BAXTER 80 Annexation Agreement, Application 23208 16 CITY OF BOZEMAN ____________________________________ By: Chuck Winn, Interim City Manager ATTEST: ________________________________ City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2024, before me, a Notary Public for the state of Montana, personally appeared Chuck Winn and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 250 BAXTER 80 Annexation Agreement, Application 23208 17 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICTS OR SPECIAL IMPROVEMENT DISTRICTS BAXTER 80 ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 4 of Certificate of Survey 2552, located in the Northwest Quarter of Section 4, Township 2 South, Range 5 East, and the South 50 feet of Tract 4 of Certificate of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the Southwest Quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the transportation impacts to: a. Street improvements to Baxter Lane from Rosa Way to Gooch Hill Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Laurel Parkway from Baxter Lane to W Oak St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Gooch Hill Rd from Baxter Lane to W Oak St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to W Oak Street from Gooch Hill Rd to Rosa Way including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. For improvement districts for the design and engineering, construction and maintenance of following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities, broadband, and other dry utilities for the aforementioned street improvements. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such 251 BAXTER 80 Annexation Agreement, Application 23208 18 improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 252 BAXTER 80 Annexation Agreement, Application 23208 19 DATED this _____ day of _________________, 2024. LANDOWNER _______________________________________ True North Partner, LLC By: Tracy Poole Title: Owner STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2024, before me, the undersigned, a Notary Public for the State of Montana, personally appeared _Tracy Poole_, known to me to be the _Owner_ of True North Partners, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 253 BAXTER 80 Annexation Agreement, Application 23208 20 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS BAXTER 80 ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 4 of Certificate of Survey 2552, located in the Northwest Quarter of Section 4, Township 2 South, Range 5 East, and the South 50 feet of Tract 4 of Certificate of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the Southwest Quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the intersection impacts to: a. Intersection improvements at Gooch Hill Rd and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Baxter Lane and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at W Oak Street and Gooch Hill Rd including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at W Oak St and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for these intersections including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage. 254 BAXTER 80 Annexation Agreement, Application 23208 21 Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district 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 the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 255 BAXTER 80 Annexation Agreement, Application 23208 22 DATED this _____ day of __________________, 2024. LANDOWNER _______________________________________ True North Partners, LLC By: Tracy Poole Title: Owner STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of _______________, 2024, before me, the undersigned, a Notary Public for the State of Montana, personally appeared _Tracy Poole_, known to me to be the _Owner_ of True North Partners, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 256 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Manager David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Department Director SUBJECT:Resolution 5604, to Adopt Fiscal Year 2025-2029 CDBG Consolidated Housing Plan to the U.S. Department of Housing and Urban Development MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5604 to adopt Fiscal Year 2025-2029 CDBG Consolidated Housing Plan to the U.S. Department of Housing and Urban Development STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:On August 24, 2023, the City of Bozeman received notification from HUD’s Region VIII office of Community Planning and Development that the city has the sufficient population to meet the definition of a Metropolitan City under the Community Development Block Grant (CDBG) program and is eligible to become what is known as an “entitlement jurisdiction” and is therefore eligible to receive CDBG funding directly from the U.S. Department of Housing and Urban Development (HUD), rather than applying for funding through the State of Montana. The Consolidated Plan is a comprehensive document used by local governments and communities to outline their strategic vision and priorities for addressing housing and community development needs. The plan is required for communities that receive federal CDBG funding directly from HUD. The key components included in the Consolidated Plan are: 1. Needs Assessment: Evaluates the housing and economic development needs of the community, including data on housing conditions, homelessness, and economic development. 2. Strategic Plan: Sets forth the goals and objectives for addressing the identified needs. It includes a strategy for using available federal funds and other resources effectively. 3. Annual Action Plan: Details the activities and projects that will be 257 undertaken during the year to meet the goals outlined in the strategic plan. It includes a budget and timeline for implementation. 4. Performance Measures: Describe how the community will measure progress and assess the effectiveness of the funded activities. 5. Citizen Participation Plan: Outline how the community will engage residents in the planning process, including public hearings, surveys, and other forms of outreach. The Consolidated Plan is updated every five years, with annual updates through the Action Plan to reflect changing needs and priorities. It serves as a roadmap for community development and ensures that federal funds are used in a way that aligns with local needs and goals. On July 23, 2024, the Bozeman City Commission unanimously voted to adopt the 2024-2029 CDBG Consolidated Housing Plan via Resolution 5604 with one amendment. The amendment included in the final plan includes reserving $50,000 for transitional and emergency housing year two through five of the Consolidated Plan five-year timeframe. That amendment, along with all public comment, have been incorporated into the plan. City staff are now requesting consent from the City Commission to submit the plan to HUD to receive CDBG funding. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As recommended by the City Commission FISCAL EFFECTS:None at this time Attachments: Resolution 5604 - Adoption of the 2025-2029 CDBG Consoidated Housing Plan.pdf 2025-2029 CDBG Consolidated Housing Plan.pdf Con Plan Combined Comments.pdf Report compiled on: July 31, 2024 258 Version April 2020 RESOLUTION 5604 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 2024-2029 CONSOLIDATED HOUSING PLAN, 2024-2029 FAIR HOUSING EQUITY PLAN, AND THE 2024 ANNUAL HOUSING ACTION PLAN. WHEREAS, the Consolidated Plan, Annual Action Plan, and Fair Housing Plan support the work of the City of Bozeman in the administration of the Community Development Block Grant (CDBG) fund. The CDBG Entitlement Program provides annual grants on a formula basis to entitled cities to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low-and moderate- income persons. WHEREAS, eligibility for participation as an entitlement community is based on population data provided by the U.S. Census Bureau and metropolitan area delineations published by the Office of Management and Budget. The U.S. Department of Housing and Urban Development (HUD) determine the amount of each entitlement grantee’s annual funding allocation by statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. WHEREAS, the Consolidated Plan guides policy and investment for housing, economic, and other community development in Montana. It is designed to meet requirements set forth by HUD and various housing and community development acts passed by the U.S. Congress. The Consolidated Plan documents needs as affordable housing, homelessness, infrastructure, community facilities, and economic development. WHEREAS, on August 24, 2023, the City of Bozeman received notification from HUD’s Region VIII Office of Community Planning and Development that the city has the sufficient population to meet the definition of a Metropolitan City under the CDBG program and is eligible to become what is known as an “entitlement jurisdiction” and is therefore eligible to receive CDBG funding directly from HUD. 259 Version April 2020 WHEREAS, on May 18, 2024 the City of Bozeman received notification from the Office of Community Planning and Development (CPD) that the City’s Fiscal Year 2024 allocation for the Community Development Block Grant (CDBG) is $325,859.00. These grant funds provide the financial tools to support low- and moderate-income individuals, families, and communities to address homelessness, affordable housing challenges, aging infrastructure, and economic hardship. WHEREAS, the Belonging in Bozeman Equity and Inclusion Plan outlines a collective vision for the City of Bozeman where housing is available, affordable, accessible, and safe. The plan proposes making equitable and inclusive housing a reality in Bozeman by focusing strategically on homelessness, displacement, aging in place and universal building accessibility, increasing community knowledge, and lobbying for local solutions at the state level, so that Bozeman residents of all ages, abilities, and income levels can feel confident and secure in call Bozeman their home. WHEREAS, on June 15, 2024, a public hearing was held before the Economic Development Board to provide the public an opportunity to comment on the plan development process, community engagement strategy, and to identify other significant housing and community development needs in the community. The Board unanimously agreed that addressing homelessness is a critical need in the community and that the City should focus on the most at-risk population with CDBG funding. WHEREAS, the Bozeman Strategic Plan, adopted on April 16, 2018, via Resolution 4852, calls for the City of Bozeman to vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. WHEREAS, The Bozeman City Commission has demonstrated a strong commitment to funding and facilitating safe, accessible, and affordable housing in Bozeman. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The 2024-2029 Consolidated Housing Plan, 2024-2029 Fair Housing Plan, and the 2024 Annual Housing Action Plan for the City of Bozeman, attached hereto as Exhibit A, are hereby adopted serving as a framework to identify housing and community development priorities that align with focus funding from HUD’s Community Planning and Development Programs. 260 Version April 2020 Section 2 The City Manager is hereby authorized to submit the 2024-2029 Consolidated Housing Plan, 2024-2029 Fair Housing Equity Plan, and the 2024 Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. Section 3 The City Manager is further authorized to take all necessary actions to implement the strategies and objectives outlined in the Consolidated Plan, including but not limited to the allocation and administration of federal funds received through HUD programs. Section 4 Effective Date The Resolution shall be in full force and effective upon passage. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 261 PREPARED FOR: ADOPTED City of Bozeman Economic Development Dept. TBD 121 N. Rouse Avenue, Bozeman, MT 59715 www.bozeman.net/departments/economic-development (406) 582-2300 REVISED DRAFT 7-31-24 Community Development Block Grant (CDBG) Consolidated Plan for Fiscal Years 2025-2029 What is the Consolidated Plan?: This document is a requirement of the U.S. Department of Housing and Urban Development (HUD) as a condition of receiving a direct allocation of Community Development Block Grant (CDBG) funds. It provides the vision, goals, and plan specifically for allocating CDBG funds granted to the City by HUD. These funds must benefit low- and moderate-income households. This document is not intended to replace the City’s other housing plans, most notably the Community Housing Action Plan, which provides a comprehensive strategy across the housing continuum and prioritizes a broader set of resources. 262 Consolidated Plan BOZEMAN 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction This document – the City of Bozeman’s five-year Consolidated Plan for Fiscal Years 2025-2029 (Consolidated Plan) – provides the vision, goals, and plan for allocating federal housing and community development funds granted to the City by the U.S. Department of Housing and Urban Development (HUD). These funds must benefit low- and moderate-income households. HUD block grant funds covered by this plan include: Community Development Block Grant (CDBG): CDBG primarily funds community and economic development activities. Examples of eligible activities include: building and rehabilitating community centers and nonprofit facilities, improving public infrastructure such as sidewalks and lighting and roads, supporting skill development and job acquisition for workers, and providing direct services to eligible individuals. CDBG funds can be used for some housing activities including home rehabilitation, accessibility improvements to accommodate persons living with disabilities, and down payment assistance for homebuying – as well as emergency and disaster response assistance. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The greatest housing and community development needs in Bozeman identified through the development of this Plan include: More affordable rental housing options, particularly for local workforce; More affordable homeownership opportunities; More transitional housing and emergency shelter options; More accessible housing and supportive housing; Increased access to critical community services, such as mental health services, chemical dependency services, and affordable and available childcare. The five-year goals established to address housing and community development needs in Bozeman include: Increase, protect and preserve affordable rental and homeownership housing opportunities by improving access to a diverse set of affordable housing, including but not limited to, naturally occurring affordable housing (NOAH), supportive housing for seniors and residents living with disabilities, and accessible housing. 263 Consolidated Plan BOZEMAN 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Improve housing stability for individuals and households with critical needs, including persons experiencing or at-risk of homelessness by providing appropriate housing and service solutions grounded in Housing First approaches, including but not limited to, emergency shelter, transitional housing, and other supportive services. Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, mental health services, chemical dependency services, and affordable and available childcare. Planning and Administration to support the goals articulated above. 3. Evaluation of past performance The City of Bozeman received notification that it has sufficient population to meet the definition of a Metropolitan City under the Community Development Block Grant program and is entitled to an annual formula allocation of CDBG funds in Federal Fiscal Year 2024 on August 24, 2023. As such, this is the City’s first Consolidated Plan.. 4. Summary of citizen participation process and consultation process The City of Bozeman’s primary goal for community participation is to facilitate engagement opportunities that allow for a broad and diverse representation of the community to participate in the development of the plan. Additionally, the City engaged with housing, economic, and other service agencies, organizations, and experts to gather current information on the needs and priorities of low- to moderate-income households in Bozeman. Specifically, the City: Presented to the City Commission on April 16, 2024 and July 23, 2024. Presented to the Economic Vitality Board twice over the course of the plan’s development. Presented to the Inter-Neighborhood Council on June 13, 2024 and the Community Development Board on July 15, 2024. These meetings are open to the public. Consulted with representatives from several agencies and organizations to collect specific feedback on the needs and priorities of the populations they serve. Hosted four focus groups with organizations that serve residents living with disabilities, families and individuals experiencing homelessness Developed a community needs survey in English and Spanish to identify the greatest needs in the residents’ neighborhoods and how they want the City to prioritize federal funding. The City worked with several service providers and nonprofit organizations to promote the survey. Held a 30-day draft public comment period and two public hearings to provide additional opportunities for residents to provide input and comment on the draft document. 5. Summary of public comments Most public comments were supportive of the Consolidated Plan while calling for additional attention (and funding) to address immediate needs of people experiencing and at risk of homelessness. In response to such comments—including input from City Commission—the City has adjusted the expected 264 Consolidated Plan BOZEMAN 3 OMB Control No: 2506-0117 (exp. 09/30/2021) prioritization of funds in years 2-5 of the planning period to include more funding for Goal #2 (Improve housing stability for individuals and households with critical needs). Other comments included appreciation for Davis-Bacon wage standards, requests to ensure all materials are accessible for vision- impaired residents, and encouragement to City staff to minimize bureaucracy required to administer federal funds and a call for regional partnerships in addressing housing and community development needs. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted and where applicable, addressed in the Consolidated Plan. 7. Summary The City utilized the findings from the Needs Assessment (NA) and Market Analysis (MA) sections, as well as the findings from the community engagement efforts, which included stakeholder consultations, resident focus groups, a housing and community needs survey with over 950 responses, and public comment to develop the goals identified in this Consolidated Plan. The Strategic Plan goals were also developed to align and reinforce other goals, strategies, and recommendations articulated in other existing City plans. 265 Consolidated Plan BOZEMAN 4 OMB Control No: 2506-0117 (exp. 09/30/2021) The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency BOZEMAN CDBG Administrator BOZEMAN City of Bozeman Economic Development Department Table 1 – Responsible Agencies Narrative The City of Bozeman’s Economic Development Department administers the Community Development Block Grant (CDBG) program for the city of Bozeman, Montana. The City has administered the CDBG Entitlement Program since 2024. CDBG funds are awarded to the City from the U.S. Department of Housing and Urban Development (HUD) annual budget on the Federal Fiscal Year (FFY). The FFY24 runs from October 1, 2023 through September 30, 2024. Program Years (PY) are adopted by each local jurisdiction and can be different than the FFY. The City of Bozeman Program Year 2024 runs November 1, 2024 through October 31, 2025. Consolidated Plan Public Contact Information For more information about Bozeman’s 2024-2028 Consolidated Plan: Go-to: https://engage.bozeman.net/consolidatedplan Call: 406-582-2258 Mail/Visit: City of Bozeman, Economic Development Department, 121 N. Rouse Avenue, Bozeman, MT, 59715 266 Consolidated Plan BOZEMAN 5 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and 91.315(I) Introduction This section summarizes how the City of Bozeman coordinates with housing providers, other relevant government departments and agencies, including the state Continuum of Care, and reviews how the City consulted with stakeholders during the development of the Consolidated Plan. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City works with the Regional Housing Coalition (a Coalition of housing providers, developers, the business community, and local government) to inform and shape priorities and strategies to address housing needs. The Regional Housing Coalition hosts a subcommittee called the Unhoused to Housed Initiative (a committee with representation from homeless service providers and City and County officials and personnel) that assesses service gaps and develops regional strategies and priorities to address homelessness. The City works with the Gallatin Behavioral Health Coalition (a Coalition of healthcare and service providers and local governments) to identify gaps and implement strategies to address mental health service needs across the community. The City of Bozeman and Gallatin County do not have a public housing authority. The Human Resource Development Council of District IX, Inc. (HRDC) has acted as a public housing authority for the City and County since 1995. HRDC is a Certified Housing Development Organization, Community Development Corporation, and Community Action Agency. HRDC develops, preserves, owns, and manages affordable housing, ranging from multi-family properties with HUD subsidies to Low-Income Housing Tax Credit developments to single and multi-family community land trust homes. HRDC also provides housing services ranging from emergency shelter to transitional housing to rental assistance to homebuyer education and down payment assistance. HRDC also administers the Section 8 Housing Choice Voucher program as a field agent for the State of Montana. The City of Bozeman and Gallatin County and HRDC work closely to ensure coordination across public and private housing and service organizations. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The Montana Continuum of Care Coalition (MTCoC) is responsible for local, regional, and statewide coordination of housing and services for individuals and families experiencing homelessness. The MTCoC does not provide direct assistance with housing or support services. They work with local service 267 Consolidated Plan BOZEMAN 6 OMB Control No: 2506-0117 (exp. 09/30/2021) providers across Montana to help individuals, families, and youth experiencing homelessness. HRDC acts as the MTCoC Local Coordinator. Pathways MISI is a not-for-profit partnership that supports the success of HRDC’s Continua of Care. Pathways offers planning, data, and consulting services that help HRDC plan for growth and comply with HUD, HMIS, HIPPA and other applicable regulations. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS City of Bozeman collaborates with HRDC, which manages our region’s CoC services. The Regional Housing Coalition hosts a subcommittee called the Unhoused to Housed Initiative (a committee with representation from homeless service providers and City and County officials and personnel) that assesses service gaps and develops regional strategies and priorities to address homelessness. HRDC, as the ESG grantee determines how to allocate ESG funds, develop performance standards, evaluate outcomes, develop funding, policies, and procedures for the administration of HMIS. The City meets with HRDC on a monthly basis to discuss issues such as homelessness, transitional housing, rapid rehousing, permanent supportive housing, navigation services, and first-time homebuyer education. The City also supports HRDC’s year-round shelter. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities 268 Consolidated Plan BOZEMAN 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency/Group/O rganization Agency/Group/ Organization Type What section of the Plan was addressed by Consultation? How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? CHILD CARE CONNECTIONS Services – Children Needs Assessment and Strategic Plan A representative from Child Care Connections provided input on needs and outcomes during a stakeholder meeting on Wednesday, April 17, 2024. MONTANA HOUSING COALITION Other – Statewide housing coalition Needs Assessment, Market Analysis, and Strategic Plan A representative from Montana Housing Coalition provided input on needs and outcomes during a stakeholder meeting on Wednesday, April 17, 2024. GROUNDPRINT Planning Organization Needs Assessment, Market Analysis, and Strategic Plan A representative from Groundprint provided input on needs and outcomes during a stakeholder meeting on Thursday, April 18, 2024. REACH, Inc. Services – Persons with Disabilities Needs Assessment, Market Analysis, and Strategic Plan A representative from REACH provided input on needs and outcomes during a stakeholder meeting on Thursday, April 18, 2024. BOZEMAN CHAMBER OF COMMERCE Business Leaders Needs Assessment, Market Analysis, and Strategic Plan A representative from the Bozeman Chamber of Commerce provided input on needs and outcomes during a stakeholder meeting on Friday, April 19, 2024. BRIDGERCARE Services – Health Needs Assessment and Strategic Plan A representative from Bridgercare provided input on needs and outcomes during a stakeholder meeting on Friday, April 19, 2024. HAVEN Services – Victims of Domestic Violence Needs Assessment, Market Analysis, and Strategic Plan A representative from Haven provided input on needs and outcomes during a stakeholder meeting on Tuesday, April 23, 2024. FAMILY PROMISE OF GALLATIN VALLEY Services – Housing, Homeless, Children Needs Assessment, Market Analysis, and Strategic Plan A representative from Family Promise of Gallatin Valley provided input on needs and outcomes during a stakeholder meeting on Wednesday, April 24, 2024. 269 Consolidated Plan BOZEMAN 8 OMB Control No: 2506-0117 (exp. 09/30/2021) STATE OF MONTANA CONTINUUM OF CARE COALITION Other – Statewide CoC Needs Assessment and Strategic Plan A representative from the Montana CoC provided input on needs and outcomes during a stakeholder meeting on Thursday, April 25, 2024. MSU INNOVATION CAMPUS Services – Education, Employment, Business Leaders Market Analysis and Strategic Plan A representative from the MSU Innovation Campus provided input on needs and outcomes during a stakeholder meeting on Tuesday, April 30, 2024. HEADWATERS HOUSING TRUST Housing Needs Assessment, Market Analysis, and Strategic Plan Two representatives from Headwaters Housing Trust provided input on needs and outcomes during a stakeholder meeting on Wednesday, May 1, 2024. THE HRDC Services – Housing, Homeless, Education, Employment, and Health Needs Assessment, Market Analysis, and Strategic Plan A representative from HRDC provided input on needs and outcomes during a stakeholder meeting on Wednesday, May 1, 2024 GREATER GALLATIN UNITED WAY Services – Education, Children, and Health Needs Assessment and Strategic Plan A representative from Greater Gallatin United Way provided input on needs and outcomes during a stakeholder meeting on Tuesday, June 11, 2024. GALLATIN COUNTY EMERGENCY MANAGEMENT Agency – Emergency Management A representative from Gallatin County Emergency Management provided input on needs and outcomes during a stakeholder meeting on Thursday, June 13, 2024. Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting All relevant agencies and groups were invited to participate in the development of the Consolidated Plan; none were intentionally excluded or not invited to participate. Other local/regional/state/federal planning efforts considered when preparing the Plan The plans, studies, and community engagement activities conducted by other city departments and other partners and organizations were consulted during the development of the Consolidated Plan 270 Consolidated Plan BOZEMAN 9 OMB Control No: 2506-0117 (exp. 09/30/2021) appear in the matrix below (Table 3). Relevant information from those documents appears throughout this Consolidated Plan. Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2023 Belonging in Bozeman Equity Plan City of Bozeman City’s Diversity, Equity, and Inclusion Plan. The Consolidated Plan goals were developed in alignment with the Belonging in Bozeman goals. 2020 Community Housing Action Plan City of Bozeman The Community Housing Action Plan outlines a partnership framework to address community housing in Bozeman over the next five years. The CHAP helped to inform the development of the Consolidated Plan goals. 2020 Bozeman Community Plan City of Bozeman The City’s General Plan guiding growth and community development. The Plan helped to inform the development of the Consolidated Plan goals. 2023 Economic Development Strategy City of Bozeman This Strategy provides deliberate direction to guide actions that will evolve over the next five years to meet dynamic economic and business conditions. The Consolidated Plan goals were developed in alignment with the EDS goals. 2020 Bozeman Climate Plan City of Bozeman Bozeman’s Climate Plan to reduce the City’s GHG emissions and create a more resilient and equitable community. The Climate Plan helped to inform the development of the Consolidated Plan goals. 2019 City of Bozeman Vulnerability Assessment and Resiliency Strategy City of Bozeman This Assessment and Strategy helps the City anticipate how best to adapt to the risks associated with climate change. This Strategy helped to inform the development of the Consolidated Plan goals. Table 3 – Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) The City of Bozeman intends to coordinate with Gallatin County, the Regional Housing Coalition, and the Montana Housing Coalition in the implementation of the Consolidated Plan. While the City of Bozeman is creating its Consolidated Plan, Gallatin County is writing a growth policy including a housing strategy to create a comprehensive, balanced, and equitable housing strategy that identifies opportunities for Gallatin County to address growing housing challenges. The purpose of the strategy is to: understand how the housing market has changed across the County; identify what types of housing people need compared to what the market is providing; and determine roles for the County to improve hosing access for employees and residents. By uniting diverse experts and decision-makers – from government leaders to housing developers, banks, realtors, employers, and more – the Regional Housing Coalition (RHC) ignites collaboration and 271 Consolidated Plan BOZEMAN 10 OMB Control No: 2506-0117 (exp. 09/30/2021) innovation to tackle the region’s pressing challenges of housing attainability and affordability. The RHC informs community members, coordinates diverse partners, and resources, and catalyzes solutions to address housing stability and attainability in Gallatin County. Through strategic coordination and alignment, the coalition ensures that resources are leveraged, and every effort is synchronized towards a common goal. The Montana Housing Coalition (MHC) advocates for state housing policy that creates homes that working families, seniors, veterans, and Montanans with disabilities can afford to rent or buy. Legislative priorities for the MHC include: support of a State Workforce Housing Tax Credit; reauthorization of the Coal Trust Multifamily Homes Program; and investment in the Housing Montana Fund. Narrative (optional): 272 Consolidated Plan BOZEMAN 11 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Public Meetings The City’s Economic Vitality Citizen Advisory Board (EVB) works with the City’s Economic Development Department on general economic development, housing, municipal art, and diversity, equity, and inclusion efforts. For the development of this plan, the City engaged with the following groups: City Commission—April 16, 2024 and July 23, 2024 Economic Vitality Board—April 18, 2024 and June 5, 2024 Inter-Neighborhood Council—June 13, 2024 Community Development Board—July 15, 2024 Housing and Community Needs Survey The City of Bozeman developed a housing and community needs survey for both residents and stakeholders to identify respondents’ greatest housing, community development, public service, and economic development needs, as well as provide feedback on how the City should prioritize its funding. The survey was available online from March 25th to May 10th, 2024, in both English and Spanish. Additionally, the survey was available in hard copy form in English and Spanish. The survey was promoted through email blasts, social media, stakeholder networks, and community partners and organizations. More than 950 responses to the survey were received. A complete summary of the survey findings can be found in the Community Engagement Findings report section in the appendix. Public Hearings Two public hearings were held at City Council meetings throughout the development of the plan. April 16th, 2024 – City Council was given an overview of the Consolidated Plan planning process and community engagement strategy. The public was asked to provide feedback on the plan development process, community engagement strategy, and other significant housing and community development needs in the city. A summary of those comments are below. 273 Consolidated Plan BOZEMAN 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Several comments were made during this public hearing, including a significant need for more affordable housing. Supportive housing for people living with disabilities and tiny home communities were noted as housing types needed in Bozeman. Residents also encouraged this plan to draw on needs and outcomes from previous community engagement efforts, specifically the Belonging in Bozeman plan. Another resident advocated for the City to host fair housing workshops or provide educational resources about fair housing for residents. July 23rd, 2024 – City Council will be given an overview of the draft Consolidated Plan and asked to consider adoption of the plan. This public hearing will be held during the 30-day public comment period from July 1 to July 31, 2024, to receive final comments and feedback on the draft Consolidated Plan. 274 Consolidated Plan BOZEMAN 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Housing and Community Needs Survey Low- and moderate- income residents, other vulnerable populations. 953 Bozeman residents and stakeholders responded to the survey. The survey was open from March to May 2024. Findings from the housing and community needs survey are summarized in Section II of the City’s Fair Housing Plan (Appendix to this plan). All comments were accepted. n/a 2 Public Hearing Non- targeted/broad community A public hearing before City Commission was held on April 16, 2024, to provide the public an opportunity to comment on the plan development process, community engagement strategy, and to identify other significant housing and community development needs in the city. Comments from this public hearing are summarized above in the PR-15 section. All comments were accepted. n/a 3 Public Hearing Non- targeted/broad community A public hearing before the Economic Vitality Board was held on June 5, 2024, to provide the public an opportunity to comment on the plan development process, community engagement strategy, and to identify other significant housing and community development needs in the city. Findings from this public meeting are summarized in the Community Engagement Appendix. All comments were accepted. n/a 275 Consolidated Plan BOZEMAN 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 4 Public Meeting Non- targeted/broad community A public meeting was held before the Inter Neighborhood Council on June 13, 2024, to provide the public an opportunity to comment on the City’s draft Consolidated Plan. Comments will be summarized in the final version of the Consolidated Plan. TBD n/a 5 Public Hearing Non- targeted/broad community A public hearing will be held before the Community Development Board on July 15, 2024, to provide the public an opportunity to comment on the City’s draft Consolidated Plan. Comments will be summarized in the final version of the Consolidated Plan. TBD n/a 6 Public Hearing Non- targeted/broad community A public hearing will be held before the City Commission on July 23, 2024, to provide the public an opportunity to comment on the City’s draft Consolidated Plan. Comments will be summarized in the final version of the Consolidated Plan. TBD n/a Table 4 – Citizen Participation Outreach 276 Consolidated Plan BOZEMAN 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Needs Assessment NA-05 Overview Needs Assessment Overview The needs assessment examines a variety of housing, homeless, community development, and non- homeless special needs through an analysis of the most updated Census data and CHAS data. These data quantify housing problems, such as overcrowding and cost burden and disproportionate needs, and measure the magnitude of non-homeless special needs populations, including elderly residents, people experiencing disabilities, or populations with HIV/AIDS. Between 2009 and 2020, according to American Community Survey (ACS) data, the City of Bozeman gained 8,010 people, an increase of 20%. The number of households increased by 23%, meaning that household formation outpaced population growth. This is due to a significant increase in the number of people in Bozeman who are living in non-family households (2,695 households) compared to a much smaller increase in the number of families with children (617). This trend is likely driven by the increase in student population over the last decade. Average household size has remained largely the same during this time period (2.11 in 2010, 2.17 in 2020). Median household income has increased by nearly a third over the same time period and is now $59,695. Between 2010 and 2020, median income increased across racial and ethnic groups, but not equally: White, non-Hispanic median household income rose by $18,161; American Indian/Alaska Native median household income rose by $13,931; Hispanic median household income rose by $10,162; and Black/African American median household income rose by $9,520. The primary housing needs in Bozeman, as presented in HUD CHAS housing problems data, include: Severe housing cost burden, where households pay more than 50% of their household gross income on housing, is the most common housing problem for renters and owners with incomes of less than 50% AMI. Affordability. The median income in Bozeman has grown 31% since 2009. This has brought with it affordability challenges for those who have not seen wages keep pace with housing costs— particularly households living on fixed incomes or with limited ability to work. The challenges of rising housing costs disproportionately fall on certain resident groups including people with disabilities, people experiencing domestic violence, single parents with young children, and people with mental health challenges. Homelessness. The 2024 Point-in-Time (PIT) Count identified 409 individuals experiencing homelessness in Bozeman in January 2024, which accounted for 20% of all residents experiencing homelessness in the state of Montana identified during this year’s count. Comparing these data to 2022 5-year ACS data, Hispanic, American Indian and/or Alaska Native, 277 Consolidated Plan BOZEMAN 16 OMB Control No: 2506-0117 (exp. 09/30/2021) and Black/African American residents are all overrepresented in the unhoused population in comparison to their proportions in Bozeman’s general population. Non-homeless special needs. Residents who are victims of domestic violence, have young children in their households; and/or have past experiences with drug or alcohol addiction face the highest barriers to finding stable housing. The greatest needs identified for these populations were more access to supportive housing situations, such as transitional housing and permanent supportive housing. Additionally, these populations need access to a wide range of supportive services, including mental health services, life skills/independent living support, counseling, care management, and accessible transportation to health care facilities and employment. The five most critical housing needs in Bozeman identified in the housing and community needs survey include: Homeownership opportunities (84% of survey respondents, n=796); Rental housing for low-income renters (75%, n=711); Workforce housing (55%, n=525); Emergency shelter (38%, n=364); and Housing rehabilitation for low-income renters (36%, n=342). The five most critical community development needs in Bozeman identified in the housing and community needs survey include: Affordable childcare (65% of survey respondents, n=615); Mental health services (52%, n=477); Supportive services for vulnerable populations (37%, n=353); Climate-resilience planning and implementation (33%, n=316); and More public transportation options (29%, n=276). 278 Consolidated Plan BOZEMAN 17 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) Summary of Housing Needs The following data provide an analysis of housing problems in the City of Bozeman, as measured by HUD’s unique Comprehensive Housing Affordability Strategy (CHAS) data. There are four housing problems reflected in the CHAS data: 1) housing unit lacks complete kitchen facilities; 2) housing unit lacks complete plumbing facilities; 3) household is overcrowded; and 4) household is cost burdened. A household is said to have a housing problem if they have any 1 or more of these 4 problems. Overcrowding— more than 1 person per room. Severe overcrowding—more than 1.5 persons per room. Cost burden—monthly housing costs (including utilities) exceeding 30% of monthly income. Severe cost burden—monthly housing costs (including utilities) exceeding 50% of monthly income. Population and household growth. The population of the city of Bozeman grew by 20% between 2009 and 2020, with the addition of 8,010 people. Household growth outpaced population growth, increasing 23% overall. This difference was driven by a significant increase in the number of people living in non- family households (e.g., students) compared to a much smaller increase in the number of families with children. Income growth. Median income increased by nearly a third (31%) between 2009 and 2020 and is now $59,695. Households by income and type. An estimated 3,385 Bozeman households have incomes of less than 30% AMI (17% of all households), and another 3,250 households have incomes between 31% and 50% AMI (16% of all households). In sum, a third of households of the city’s households are very low income. There are approximately 12x as many small family households as large households, and close to twice as many senior households with younger children, in the city. Demographics Base Year: 2009 Most Recent Year: 2020 % Change Population 40,320 48,330 20% Households 16,575 20,455 23% Median Income $45,729.00 $59,695.00 31% Table 5 - Housing Needs Assessment Demographics Alternate Data Source Name: American Community Survey Data Source Comments: 279 Consolidated Plan BOZEMAN 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Number of Households Table 0-30% HAMFI >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Total Households 3,385 3,250 3,620 2,355 7,850 Small Family Households 495 770 1,015 560 3,955 Large Family Households 10 225 60 25 255 Household contains at least one person 62-74 years of age 285 275 555 320 1,470 Household contains at least one person age 75 or older 330 220 185 255 395 Households with one or more children 6 years old or younger 205 505 359 130 469 Table 6 - Total Households Table Data Source: 2016-2020 CHAS Housing Needs Summary Tables Of the Housing Problems included in Table 7, severe housing cost burden is the most common housing problem for renters and owners with incomes of less than 50% AMI. Severe cost burden is most prevalent among 0-30% AMI renters and owners. For renters with incomes of 30% AMI and higher, cost burden is a more common problem than severe cost burden. The data show that owners with incomes less than 30% AMI and greater than 50% AMI are more likely to be cost burdened, while owners with incomes between 30% and 50% are more likely to experience severe cost burden. Nearly half of homeowners experiencing cost burden have incomes between 51% and 80% AMI, highlighting the challenges of keeping up with mortgage payments in a high-cost market. In all, 2,950 renters and 645 owners are severely cost burdened, while 2,350 renters and 1,235 owners are cost burdened. Compared to cost burden, a significantly smaller proportion of Bozeman’s population experience other housing problems. Severe overcrowding, defined as more than 1.5 people per room, affects 100 renters in Bozeman. Similarly, approximately 100 renters are impacted by substandard housing, defined as lacking complete plumbing or kitchen facilities. 1. Housing Problems (Households with one of the listed needs) 280 Consolidated Plan BOZEMAN 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Substandard Housing - Lacking complete plumbing or kitchen facilities 60 20 15 20 115 0 0 0 0 0 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing) 10 50 40 0 100 0 0 0 0 0 Overcrowded - With 1.01-1.5 people per room (and none of the above problems) 0 4 0 0 4 0 0 10 0 10 Housing cost burden greater than 50% of income (and none of the above problems) 2,095 810 45 0 2,950 270 210 110 55 645 Housing cost burden greater than 30% of income (and none of the above problems) 230 1,320 745 55 2,350 310 145 595 185 1,235 Zero/negative Income (and none of the above problems) 120 0 0 0 120 70 0 0 0 70 Table 7 – Housing Problems Table Data Source: 2016-2020 CHAS 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or 281 Consolidated Plan BOZEMAN 20 OMB Control No: 2506-0117 (exp. 09/30/2021) complete plumbing, severe overcrowding, severe cost burden) The data in Table 8 shows that renters with incomes below 30% AMI are more likely than other household types to be affected by housing problems—81% of renters in this income bracket have housing problems. Once renters reach incomes of 50% AMI and higher, their likelihood of having housing problems diminishes. While homeowners are significantly less likely to experience one or more of the four housing problems compared to renters, the greatest proportion of homeowners who experience at least one or more housing problem are owners with income between 0-30% AMI—38% of these households face some type of housing problem. Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 2,165 890 105 20 3,180 270 210 120 55 655 Having none of four housing problems 500 1,795 2,220 1,180 5,695 445 360 1,175 1,100 3,080 Household has negative income, but none of the other housing problems 0 0 0 0 0 0 0 0 0 0 Table 8 – Housing Problems 2 Data Source: 2016-2020 CHAS Table 3 shows the number of Bozeman households paying more than 30% of their gross household income for housing, including those who pay more than 50%, defined as severe cost burden. Of the household types presented in Table 3, Other households, Large Related households, and Small Related households have the highest rates of cost burden across income ranges (calculated by dividing the number of cost burdened households by all households for each household group). For Other households, 84% of households with 0-30% AMI are cost burdened; 78% of 31-50% AMI households are cost burdened; and 67% of all households with incomes of less than 80% AMI are cost burdened. For Large households, 100% of households with 0-30% AMI are cost burdened (10 households in total); 60% of 31-50% AMI are cost burdened; and 56% of all households with incomes less than 80% AMI are cost burdened. For Small Related households, 58% of households with incomes between 0-30% and 61% of 31-50% AMI households are cost burdened. Cost burden is lowest for elderly households. 282 Consolidated Plan BOZEMAN 21 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. Cost Burden > 30% Renter Owner 0-30% AMI >30-50% AMI >50- 80% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 285 470 85 840 125 40 310 475 Large Related 10 135 20 165 0 85 20 105 Elderly 190 235 69 494 304 109 200 613 Other 1,910 1,365 615 3,890 150 115 190 455 Total need by income 2,395 2,205 789 5,389 579 349 720 1,648 Table 9 – Cost Burden > 30% Data Source: 2016-2020 CHAS Severe cost burden—defined as housing costs exceeding 50% of gross household income—is highly prevalent among 31-50% AMI households and much less common among 0-30% and 51-80% AMI households. All Other households with income between 31-50% AMI are severely cost burdened. Additionally, 40% of Other households with incomes of 80% AMI or less are severely cost burdened. Severe cost burden is lowest for Large Related and Small Related households. 4. Cost Burden > 50% Renter Owner 0-30% AMI >30-50% AMI >50- 80% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 0 0 125 125 110 30 0 140 Large Related 0 0 0 0 0 75 10 85 Elderly 170 110 15 295 50 60 85 195 Other 0 1,755 595 2,350 110 0 0 110 Total need by income 170 1,865 735 2,770 270 165 95 530 Table 10 – Cost Burden > 50% Data Source: 2016-2020 CHAS Overcrowding impacts significantly fewer households that cost burden—approximately 110 renters and 10 owners. By household type, renters are more likely than owners to be living in overcrowded conditions, and single-family households experience more overcrowding than unrelated and other non- family households. Data are not available for the number of households with children living in overcrowded conditions. 283 Consolidated Plan BOZEMAN 22 OMB Control No: 2506-0117 (exp. 09/30/2021) 5. Crowding (More than one person per room) Renter Owner 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Single family households 10 49 40 0 99 0 0 10 0 10 Multiple, unrelated family households 0 0 0 0 0 0 0 0 0 0 Other, non-family households 0 10 0 0 10 0 0 0 0 0 Total need by income 10 59 40 0 109 0 0 10 0 10 Table 11 – Crowding Information – 1/2 Data Source: 2016-2020 CHAS Renter Owner 0- 30% AMI >30- 50% AMI >50- 80% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI Total Households with Children Present 0 0 0 0 0 0 0 0 Table 12 – Crowding Information – 2/2 Data Source Comments: Describe the number and type of single person households in need of housing assistance. The category of “Other” in the Housing Needs Summary tables above includes single persons households and households of unrelated individuals. The City of Bozeman does not collect specific data on the housing needs of single-person households nor is this data provided by HUD. To estimate the number of single person households in need of housing assistance, data was gathered from the 2022 5- year American Community Survey (ACS) estimates. According to ACS estimates, 11,971 “non-family” households lived in Bozeman during 2022. Of those non-family households, approximately 6,321 (53%) are single-person households and the remaining households (47%) are unrelated persons living together. Single-person households make up 29% of all households in the city, while family households (married, unmarried, or single parent with children) make up 46% of households in the city. The remaining 25% are other non-family households. 284 Consolidated Plan BOZEMAN 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Single-person households living below the poverty level can be used to estimate the number of single- person households who have housing needs, as poverty-level households are severely under-housed. Applying the respective poverty rates of seniors and adults to those living in single-person households, returns an estimated 14%, or 872 single person households, with housing needs. As part of the development of the City’s 2019 Community Housing Needs Assessment, an employer survey was administered to better understand the extent to which the availability of housing may be impacting employers and business operations. Comments related to single person households included: “It’s hard enough for a single person renting a room to afford to live here. Families that are making the prevailing wage are having an even harder time.” “The service industry is traditionally an entry level employer. This makes it very difficult for a majority of our staff to earn enough to live in Bozeman. Even our mid and upper-level managers struggle to find housing, especially those who are single parents. Several staff are working two and three jobs just to get by.” “Affordable housing is especially difficult for single parents [to find]…” “It took me 3 months to find a place inexpensive enough for a teacher to purchase. Another 3 months trying to find a single mom (a supervisor at MSU) a place she could manage. Both purchased in Belgrade but work in Bozeman.” Cost burden can be a significant challenge for single parents, as a single income is stretched by housing, childcare, and transportation costs. Stakeholders shared that lack of available and affordable childcare was a significant challenge for single parents. One stakeholder shared that several single parents they work with have left the workforce because it’s less expensive to watch their children than find reliable and affordable childcare, if they can find it. In turn, not having employment and income can have significant impacts on the housing stability of the household. As a result, single parents may have to locate far from places of employment, job training, and/or schools to find affordable places to live. It may also force some single parents to compromise on space to afford housing, which can lead to overcrowding. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. Households with disabilities. According to 2022 5-year ACS estimates, an estimated 5,115 residents live with mental, physical, and/or developmental disabilities in Bozeman. Among these residents, an estimated 20%, or 1,018, have housing needs based on the share that live below the poverty level. Stakeholders shared that residents living with disabilities, regardless of age or level of care needed, would benefit from more affordable and accessible housing available in the community. As such, the primary recommendation coming out of the Disability Community Liaison Report for the City’s Belonging in Bozeman Equity and Inclusion Plan was to encourage and promote construction of affordable, inclusive, barrier-free dwellings that improve equitable access to housing. 285 Consolidated Plan BOZEMAN 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Disability is closely correlated with aging, and, as such, Bozeman residents over the age of 65 are more likely than other age groups to report a disability. Victims of domestic violence, dating violence, sexual assault, and stalking. According to a stakeholder who works for a local organization serving residents impacted by domestic violence, sexual assault, sex trafficking, and stalking, between July 2022 and June 2023, 1,232 unique individuals were assisted by the organization. This stakeholder also noted that while the number of people who have reached out to their organization over the last few years has continued to increase, they estimated that a larger proportion of the population than they currently serve are in domestic violence situations. According to the National Intimate Partner and Sexual Violence Survey, an estimated 3.1% of women a year and 3% of men in the United States experience domestic violence, sexual violence, and stalking. Applying this rate to Bozeman, this equates to 780 women and 850 men who would have experienced intimate partner and sexual violence in 2022. Of these victims, 13.4% of women and 5.3% of men will need housing assistance at some point according to Center for Disease Control (CDC) estimates – or approximately 150 survivors who need housing assistance. According to the 2024 Point-in-Time Count, 40 people experiencing homelessness in Bozeman are adult survivors of domestic violence, which accounts for approximately 10% of residents experiencing homelessness. A stakeholder shared that there is an emergency shelter in the community available specifically for survivors of domestic violence, which offers 40 beds among 30 rooms. Related to housing assistance, this stakeholder also shared that a direct subsidy/financial resources for rental assistance would be most helpful for this population. What are the most common housing problems? A household is said to have a housing problem if they have any one or more of these four problems: Overcrowding – More than 1 person per room. Severe overcrowding – More than 1.5 persons per room. Cost burden – Monthly housing costs (including utilities) exceeding 30% of monthly income. Severe cost burden – Monthly housing costs (including utilities) exceeding 50% of monthly income. According to HUD CHAS data, 53% of Bozeman renter households with incomes of 80% AMI and less spend more than 30% of their income on housing costs and , as such, are cost burdened. Over a quarter of these households (27%) pay more than 50% of their income on housing costs and are severely cost burdened. A total of approximately 5,400 low-income households are cost burdened with 2,770 severely cost burdened. Cost burdened disproportionately impacts renter households: 5,389 low-income renter households are cost burdened compared to 1,648 low-income owner households. The discrepancy between wages and housing costs compounds cost burden experienced by households in Bozeman. According to the 2023 National Low Income Housing Coalition Out of Reach report for Gallatin County, the necessary hourly wage to afford a two-bedroom fair market rental is $22.38 per 286 Consolidated Plan BOZEMAN 25 OMB Control No: 2506-0117 (exp. 09/30/2021) hour and the minimum wage for the state of Montana is $9.95. This means that renters earning minimum wage need to work 90 hours a week (2.25 jobs) in order to afford a two-bedroom fair market rental. Are any populations/household types more affected than others by these problems? According to CHAS data, both Other and large households have the highest rates of cost burden: 67% of “Other” and 56% of “large related” households under 80% AMI face cost burden. This compares to 27% of elderly housing facing cost burden. The proportion of households impacted by cost burden and severe cost burden is highest for households in lower income brackets. Households with incomes between 0-30% AMI face very high rates of cost burden: 84% of Other households (1,910 households), 58% of small related households (285 households), and 100% of large households (10 households) with 0-30% AMI income are cost burdened. Additionally, 78% of Other households (1,365 households), 61% of small related households (470 households), and 60% of large related households (135 households) with income between 31-50% AMI are cost burdened. Additionally, 100% of Other households (1,755 households) with income between 31-50% AMI experience severe cost burden. Elderly households are less likely to experience cost burden, even households with income between 0- 30% AMI, because they are more likely to be homeowners compared with other groups. For all housing problems, renter households with incomes of 0-30% AMI are far more likely than others to face problems: 81% have at least one housing problem, compared to 33% of 31-50% AMI renters, 5% of 51-80% AMI renters, and 2% of 81-100% renters. Renters with income between 0-30% AMI are more likely to have housing problems compared with owners in the same income range. However, a greater proportion of homeowners with incomes between 31-50% AMI (37%), 51-80% AMI (9%), and 81-100% AMI (5%) are more likely to experience at least one housing problem compared to renters in the same income range. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance Severe cost burden can be used as a proxy for households with imminent risk of either residing in shelters or becoming unsheltered. According to HUD CHAS data, 2,770 renters and 530 owners are severely cost burdened. A portion of these renters are likely students at Montana State University and may face a lower risk of houselessness because they have family support and/or can rely on college savings accounts to manage housing costs. The community survey conducted for this study collected resident input on the populations with the greatest housing needs and priorities. The responses to this question can be a proxy for which low- 287 Consolidated Plan BOZEMAN 26 OMB Control No: 2506-0117 (exp. 09/30/2021) income populations are most at risk of becoming homeless. According to the survey, the populations with the greatest housing needs include: Low- to moderate-income populations (78% of survey respondents chose this option); Unhoused populations (62%) Local workforce (56%) Residents experiencing mental health challenges (40%); and Residents living with disabilities (36%). Stakeholders also shared the characteristics and needs of low-income individuals and families with children who are currently housed but are at imminent risk of residing in shelters or becoming unsheltered. One stakeholder that works for an organization serving families experiencing homelessness or at-risk of homelessness shared that a lot of the families they assist struggle with financing their household expenses and managing their money. They added that a lot of clients they serve are working in lower- paying jobs and can’t find any housing that is affordable to them. This client also shared that “a lot of these families are $400 away from experiencing homelessness.” Monolingual Spanish-speaking households, as well as Native American households, were mentioned as a subset of unhoused families with children that disproportionately experience more housing challenges than other populations. Additionally, single parents, particularly those experiencing domestic violence, also have a greater likelihood of falling into homelessness. One stakeholder shared that their organization sees a lot of survivors fall into homelessness because they are not the primary income earners in their home, adding that “if an abuser ends up getting arrested, then the survivor runs the risk of being evicted for not paying their bills.” This stakeholder added that the cost of childcare is also a significant barrier in this population securing safe and affordable housing. Families with lower levels of education attainment, limited work experience, and without an economic safety net are vulnerable to housing instability, especially if couples separate. As shown in the MA-45 – Educational Attainment section (Table 51), the median household income for earners with a high school degree is $36,437 per year. Affording rent and childcare for young children with low earnings is very challenging in the current housing market, and doing so with one income is nearly impossible. The 2024 Point-in-Time Count reported that 195 individuals experiencing homelessness were identified as living in family households; however, this is likely an undercount of the true number of families experiencing homelessness. Low-income families and families with children at imminent risk of homelessness are underrepresented in such statistics because these families are difficult to identify. They may be living in overcrowded conditions with friends or family, or residing with an abusive family member/partner to remain housed. Undocumented, refugee, and/or immigrant families may prefer to remain unidentified and not participate in surveys. HRDC provides rapid rehousing assistance via a small grant from HUD CoC funding. As such, there is a limited pool of funding for this type of assistance. Per HRDC: 288 Consolidated Plan BOZEMAN 27 OMB Control No: 2506-0117 (exp. 09/30/2021) In 2022, four families received rapid rehousing assistance—three maintained their housing following the rapid rehousing assistance, while one family received an eviction due to lease violations. In 2023, eight families received rapid rehousing assistance—seven maintained their housing following the rapid rehousing assistance, while one family received an eviction due to lease violations. In 2024, three families received rapid rehousing assistance so far and all have maintained their housing following the rapid rehousing assistance. While the sample size is small, nearly all families in Bozeman who have utilized rapid rehousing assistance over the last three years have maintained their housing. Stakeholders felt that these rapid rehousing resources helped to stabilize families’ housing and financial situations and that having more of these specific resources would help keep more families at-risk of experiencing homelessness housed. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates: The City of Bozeman adheres to HUD’s criteria for defining homelessness to identify those at imminent risk of homelessness risk of homelessness. This is category two within the homeless definition, which is an individual or family who will imminently lose their primary nighttime residence, provided that: (i) Residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks needed to obtain other permanent housing. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness There are many reasons that individuals and families fall into homelessness. Homelessness is increasingly related to rapidly rising rental housing costs relative to incomes; very limited and low production of affordable housing units; conversion of housing stock to vacation and recreational use; and few resources to serve low-income households – such as long-term rental assistance – relative to demand. Primary social factors include domestic violence; prior history of eviction or foreclosure; bad credit history; past justice involvement or chemical dependency; mental illness; and discrimination, especially for youth identifying as LGBTQIA+. 289 Consolidated Plan BOZEMAN 28 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) Introduction According to HUD, disproportionate need refers to any need for a certain race/ethnicity that is more than 10 percentage points above the demonstrated need for the total households within the jurisdiction at a particular income level. The tables and analyses below identify the share of households by race/ethnicity and income level experiencing one or more of the four housing problems outlined by HUD guidelines. The four housing problems are: 1. Housing unit lacks complete kitchen facilities a. A complete kitchen consists of a sink with a faucet, a stove or range, and a refrigerator 2. Housing unit lacks complete plumbing facilities a. Complete plumbing consists of hot and cold running water, a flush toilet, and a bathtub or shower 3. More than one person per room (overcrowded) 4. Housing is cost burdened a. Between 30-50% of income is devoted to housing costs. In the following tables, income is grouped as follows: 0-30% AMI is extremely low income; 31-50% AMI is low income; 51-80% AMI is moderate income; and 81-100% AMI is middle income. 0%-30% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,975 405 0 White 2,635 325 0 Black / African American 10 10 0 Asian 80 0 0 American Indian, Alaska Native 45 0 0 Pacific Islander 0 0 0 Hispanic 115 70 0 0 0 0 0 Table 13 - Disproportionally Greater Need 0 - 30% AMI Data Source Comments: *The four housing problems are: 290 Consolidated Plan BOZEMAN 29 OMB Control No: 2506-0117 (exp. 09/30/2021) 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 30%-50% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,565 690 0 White 2,345 595 0 Black / African American 0 0 0 Asian 20 20 0 American Indian, Alaska Native 30 0 0 Pacific Islander 0 0 0 Hispanic 90 0 0 0 0 0 0 Table 14 - Disproportionally Greater Need 30 - 50% AMI Data Source Comments: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50%-80% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,565 2,060 0 White 1,445 1,915 0 Black / African American 25 0 0 Asian 0 4 0 American Indian, Alaska Native 35 70 0 Pacific Islander 0 0 0 Hispanic 15 65 0 0 0 0 0 Table 15 - Disproportionally Greater Need 50 - 80% AMI Data Source Comments: *The four housing problems are: 291 Consolidated Plan BOZEMAN 30 OMB Control No: 2506-0117 (exp. 09/30/2021) 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 80%-100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 315 2,040 0 White 315 1,895 0 Black / African American 0 0 0 Asian 0 75 0 American Indian, Alaska Native 0 4 0 Pacific Islander 0 0 0 Hispanic 0 60 0 0 0 0 0 Table 16 - Disproportionally Greater Need 80 - 100% AMI Data Source Comments: *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Discussion This section highlights the disproportionate housing needs of racial and ethnic groups by income category in Bozeman based on a unique analysis of CHAS data provided by HUD. The narrative draws on the NA-15 Disproportionately Greater Needs tables. Discussions by income category include racial and ethnic groups within which data represent 20 or more households. 0-30% AMI. At this income level, 88% of households have one or more of four housing problems. Most households experience housing problems in each racial and ethnic group except for Black/African American households, where half of households have housing problems; it should be noted that this population group is very small (20 households) relative to other population groups. The groups with the highest share of households with housing problems are Asian (100%) and American Indian, Alaska Native (100%). These groups have disproportionately high needs compared to non-Hispanic White households. 30-50% AMI. The share of households with housing problems remains high for this income group at 79%, and high shares (80% to 100%) of households in all racial and ethnic groups face housing problems except for Asian households (50%). Compared to non-Hispanic White households, American Indian, Alaska Native and Hispanic households have disproportionately high needs. 50-80% AMI. In this income group, 43% of households have housing problems—much lower than the share of lower income groups with housing problems. The share of Black/African American households with housing problems is disproportionately high at 100%, while Hispanic households have housing problems at the lowest rate (19%). 80-100% AMI. This income group has the smallest share of households with housing problems, with about 13% of households having one or more housing problems. The share of households with housing 292 Consolidated Plan BOZEMAN 31 OMB Control No: 2506-0117 (exp. 09/30/2021) problems is 14% for non-Hispanic White households and 0% for Asian; American Indian, Alaska Native; and Hispanic households. 293 Consolidated Plan BOZEMAN 32 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2) Introduction This section draws on the HUD definition of severe housing needs and uses HUD-prepared housing needs data. The tables separate severe housing needs by racial and ethnic group and income. Severe housing needs are: Housing lacks complete kitchen facilities; Housing lacks complete plumbing facilities; Household has more than 1.5 persons per room; and Household cost burden exceeds 50%. Disproportionate need is revealed when members of a racial or ethnic group experience housing problems at a greater rate than the category of need as a whole. For example, if 30% of renters in the city experienced cost burden, but Black households faced the problem at a rate of 50%, then this would indicate that Black households have a disproportionately greater need. As specified in 91.205(b)(2), 91.305(b)(2), and 91.405, the Consolidated Plan must include an assessment for each disproportionately greater need. The tables show need by racial and ethnic group and the jurisdiction as a whole to compare experiences. In the following tables, income is grouped as follows: 0-30% AMI is extremely low income; 31-50% AMI is low income; 51-80% AMI is moderate income; and 81-100% AMI is middle income. 0%-30% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,435 945 0 White 2,140 820 0 Black / African American 10 10 0 Asian 65 15 0 American Indian, Alaska Native 25 20 0 Pacific Islander 0 0 0 Hispanic 115 70 0 0 0 0 0 Table 17 – Severe Housing Problems 0 - 30% AMI Data Source Comments: *The four severe housing problems are: 294 Consolidated Plan BOZEMAN 33 OMB Control No: 2506-0117 (exp. 09/30/2021) 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 30%-50% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,100 2,155 0 White 995 1,945 0 Black / African American 0 0 0 Asian 20 20 0 American Indian, Alaska Native 0 30 0 Pacific Islander 0 0 0 Hispanic 55 40 0 Other 0 0 0 Table 18 – Severe Housing Problems 30 - 50% AMI Data Source Comments: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 50%-80% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 225 3,395 0 White 180 3,175 0 Black / African American 0 25 0 Asian 0 4 0 American Indian, Alaska Native 0 105 0 Pacific Islander 0 0 0 Hispanic 0 85 0 Other 0 0 0 Table 19 – Severe Housing Problems 50 - 80% AMI Data Source Comments: 295 Consolidated Plan BOZEMAN 34 OMB Control No: 2506-0117 (exp. 09/30/2021) *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 80%-100% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 75 2,280 0 White 75 2,140 0 Black / African American 0 0 0 Asian 0 75 0 American Indian, Alaska Native 0 4 0 Pacific Islander 0 0 0 Hispanic 0 60 0 Other 0 0 0 Table 20 – Severe Housing Problems 80 - 100% AMI Data Source Comments: *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Discussion This discussion highlights the disproportionately severe housing needs of racial and ethnic groups by income category. The narrative draws on the NA-20 Severe Housing Problems tables. Discussions by income group include racial and ethnic groups within which data represent 20 or more households. 0-30% AMI. In this income group, Asian and non-Hispanic White households have the largest shares of households with severe housing needs, and these are similar to the share of households overall who face severe needs (72%). Black/African American households have the smallest share of households with needs (50%); it should be noted that this population group is very small (20 households) relative to other population groups. 30-50% AMI. This income group has a smaller share of households with needs at 34% of households overall. Disproportionately large shares of Hispanic and Asian households have severe housing needs at 58% and 50%, respectively. American Indian, Alaskan Native households had the smallest share of households with severe housing problems at 0%. 50-80% AMI. The share of households with severe needs continues to decline for this income group with 6% of all households facing severe needs. Non-Hispanic White households have the highest shares of households with severe needs in this income group (5%) and 0% of Asian; American Indian, Alaska Native; Black/African American; and Hispanic households have severe needs. 296 Consolidated Plan BOZEMAN 35 OMB Control No: 2506-0117 (exp. 09/30/2021) 80-100% AMI. At this income level, only 3% of households have severe housing problems. Non-Hispanic White households have the highest shares of households with severe needs in this income group (3%) and 0% of Asian; American Indian, Alaska Native; and Hispanic households have severe needs. 297 Consolidated Plan BOZEMAN 36 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) Introduction: This section analyzes data on households experiencing cost burden disproportionately by race and ethnicity. Housing cost burden exists when a household pays more than 30% of their gross household income toward housing costs, including utilities. Severe housing cost burden occurs when households spend more than 50% of their gross household income. Disproportionate need is revealed when members of a racial or ethnic group experience housing problems at a greater rate than the category of need as a whole. For example, if 30% of renters in the city experienced cost burden, but Black households faced the problem at a rate of 50%, then this would indicate that Black households have a disproportionately greater need. As specified in 91.205(b)(2), 91.305(b)(2), and 91.405, the Consolidated Plan must include an assessment for each disproportionately greater need. The tables show need by racial and ethnic group and the jurisdiction as a whole to compare experiences. In the following tables, income is grouped as follows: 0-30% AMI is extremely low income; 31-50% AMI is low income; 51-80% AMI is moderate income; and 81-100% AMI is middle income. Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No / negative income (not computed) Jurisdiction as a whole 12,730 3,850 3,690 190 White 11,605 3,610 3,300 125 Black / African American 35 35 0 0 Asian 320 15 85 0 American Indian, Alaska Native 95 85 25 0 Pacific Islander 0 0 0 0 Hispanic 385 55 170 70 Table 21 – Greater Need: Housing Cost Burdens AMI Data Source: 2016-2020 CHAS Discussion: About one-fifth of total households and non-Hispanic White households are cost burdened. Black/African American and American Indian, Alaska Native households face disproportionately high rates of cost burden at 50% and 41% respectively, while cost burden is lowest for Asian households at under 4%. Another 18% of total households and non-Hispanic White households are severely cost burdened, and no racial group faces disproportionately high severe cost burden. Hispanic households have the highest rate of severe cost burden at 28%, while Black/African American households have the lowest rate of severe cost burden at 0% (though it should be noted that only 20 Black/African American households were represented in the data). 298 Consolidated Plan BOZEMAN 37 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Disproportionate housing needs exist when members of a racial or ethnic group experience housing problems at least 10 percentage points higher than the category of need as a whole. For example, if 30% of renters in the county experienced cost burden, but Black households faced the problem at a rate of 50%, then this would indicate that Black households have a disproportionately greater need. If they have needs not identified above, what are those needs? In Bozeman, the following groups have disproportionately high rates of housing problems: Asian and American Indian, Alaska Native households earning 0-30% AMI; American Indian, Alaska Native and Hispanic households earning 30-50% AMI; and Black/African American households earning 50-80% AMI. Note that 90 or fewer households are in each of these groups. Asian and Hispanic households earning 30-50% AMI face severe housing problems at disproportionate rates. Note that fewer than 60 households belong to each of these groups. Disproportionate need exists for Black/African American and American Indian, Alaska Native households experiencing cost burden Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community? Census tracts with more than 1.4% of Native American residents are considered a concentration. There are 3 such tracts in Bozeman. Census Tract 7.04, bounded by N Ferguson Avenue to the west, W Babcock Street to the south, Farmer’s Canal to the east, and Durston Road to the north, has the greatest concentration of AIAN residents in the city (3.9% of the total tract population). Other census tracts with concentrations of AIAN residents include Census Tract 6 (3%) and Census Tract 7.01 (1.6%). African American/Black residents make up a very small proportion of residents in the city. In this case, concentrations occur when just 0.9% of residents report their race as African American/Black. There are two Census tracts in Bozeman that have a concentration of African American/Black residents, both of which cover the Montana State University campus. African American/Black residents represent 2.2% and 2.5% of residents in Census Tracts 11.01 and 11.02, respectively. 299 Consolidated Plan BOZEMAN 38 OMB Control No: 2506-0117 (exp. 09/30/2021) 300 Consolidated Plan BOZEMAN 39 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-35 Public Housing – 91.205(b) Introduction There is no public housing authority in the city of Bozeman or Gallatin County and as such, no public housing units. In lieu of a public housing authority, the city of Bozeman, along with other municipalities in Gallatin, Meagher, and Park counties, is served by the Human Resource Development Council District IX, or HRDC IX. HRDC is a Certified Housing Development Organization, Community Development Corporation, and Community Action Agency. HRDC develops, preserves, owns, and manages affordable housing, ranging from multi-family properties with HUD subsidies to Low-Income Housing Tax Credit developments to single and multi-family community land trust homes. HRDC also provides housing services ranging from emergency shelters to transitional housing, rental assistance, homebuyer education, and down payment assistance. HRDC also administers the Section 8 Housing Choice Voucher program as a field agent for the State of Montana. In addition to providing community development, emergency assistance, transportation, food and nutrition, and several other services, HRDC administers the housing choice voucher program for the area. As of spring 2024, HRDC administers approximately 400 tenant-based vouchers and approximately 275 project-based vouchers regionwide. Additionally, HRDC administers eight Section 811 vouchers. The organization also manages a portfolio of around 400 units, the majority of which are subsidized. HRDC's leadership in housing development and preservation is an asset in Bozeman, alongside the organization's programs in housing. In addition to HRDC’s portfolio, there are another four properties in Bozeman with project-based vouchers. As of spring 2024, there are approximately 1,200 applicants on the waitlist for tenant-based vouchers. Additionally, there is approximately an 18-month wait for applicants wanting to rent a subsidized apartment from HRDC. Totals in Use Program Type Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers in use 0 0 0 504 290 208 6 0 0 Table 22 - Public Housing by Program Type 301 Consolidated Plan BOZEMAN 40 OMB Control No: 2506-0117 (exp. 09/30/2021) *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Data Source: PIC (PIH Information Center) Characteristics of Residents Program Type Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Average Annual Income 0 0 0 16,001 16,001 n/a n/a 0 Average length of stay 0 0 0 3.25 3.25 yrs n/a n/a 0 Average Household size 0 0 0 1 1 n/a n/a 0 # Homeless at admission 0 0 0 33 18 13 2 0 # of Elderly Program Participants (>62) 0 0 0 228 67 156 5 0 # of Disabled Families 0 0 0 202 78 122 2 0 # of Families requesting accessibility features 0 0 0 63 13 50 0 0 # of HIV/AIDS program participants 0 0 0 0 0 n/a n/a 0 # of DV victims 0 0 0 0 0 n/a n/a 0 Table 23 – Characteristics of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) 302 Consolidated Plan BOZEMAN 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Race of Residents Program Type Race Certificate Mod- Rehab Public Housing Vouchers Total Project -based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * White 0 0 0 442 244 192 6 0 0 Black/African American 0 0 0 15 6 9 0 0 0 Asian 0 0 0 10 6 4 0 0 0 American Indian/Alaska Native 0 0 0 27 12 15 0 0 0 Pacific Islander 0 0 0 6 6 0 0 0 0 Other 0 0 0 5 5 n/a n/a 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 24 – Race of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) Ethnicity of Residents Program Type Ethnicity Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * Hispanic 0 0 0 32 17 15 0 0 0 Not Hispanic 0 0 0 479 273 200 6 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 25 – Ethnicity of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) 303 Consolidated Plan BOZEMAN 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: There are no public housing units in the city of Bozeman. Several stakeholders shared that there is a significant lack of accessible housing units available in Bozeman. One stakeholder shared that many new housing developments being built in Bozeman are not accessible, adding that for a resident who needs both an affordable and accessible unit through HRDC, an applicant can wait for up to two years. Most immediate needs of residents of Public Housing and Housing Choice voucher holders Given the city’s tight and expensive rental market, residents with vouchers are experiencing extreme difficulty in both finding landlords willing to accept vouchers and obtaining affordably priced units. Stakeholders shared that there are approximately 400 tenant-based vouchers and 275 project-based vouchers available in the Bozeman area. According to stakeholder interviews, as of March 2024, the estimated time to find a subsidized property in Bozeman is 18 months. A stakeholder shared that for HRDC’s tenant-based voucher waitlist, the list has been dwindling because when vouchers are issued to residents and they can’t find a unit within the allotted time, they are moved to the bottom of the waitlist. This stakeholder added that understandably, residents express frustration about not finding a unit and getting moved to the bottom of the waitlist so they choose to not go back on the waitlist. The housing and community needs survey found that 6% (45 responses) of respondents utilize a Section 8 housing choice voucher. Of those respondents, 57% reported that it is “somewhat difficult” to find a landlord that accepts a housing choice voucher while 27% reported that it was “very difficult” to find a landlord to accept it. The most common reasons cited for why it is “somewhat difficult or very difficult” to utilize the voucher include the voucher is not enough to cover the rent for the places the respondent wants to live (21 responses) and the respondent can’t find information about landlords that accept Section 8 (17 responses). Limited voucher funding, which is set by Congress, has not kept up with demand and rental assistance is in short supply. According to the “Worst Case Housing Needs 2023 Report to Congress” from HUD’s Office of Policy Development and Research, just one in four eligible households nationwide received rental assistance. How do these needs compare to the housing needs of the population at large Households utilizing housing choice vouchers are in critical need of affordable housing. According to the 2024 Gallatin Valley Housing Report, in 2020, the rental vacancy rate was “two percentage points below what is considered healthy for a market with adequate supply, underscoring the tightness in Bozeman’s 304 Consolidated Plan BOZEMAN 43 OMB Control No: 2506-0117 (exp. 09/30/2021) rental market.”1 Recent data and housing survey results shows that the “market tightness” is easing, however, residents who need to utilize housing choice vouchers are more likely to experience challenges finding affordable and suitable rental housing. Additionally, increasing inflation disproportionately impacts low-income households’ ability to afford basic needs compared to the population at large. Discussion The lack of accessible and affordable housing units disproportionately impacts residents living with disabilities and low-income households and families. Due to the lack of affordable units available, residents are finding it more challenging to actually utilize the voucher once they secure one. While data indicate that rental market vacancies are easing, constrained rental supply and inflation are disproportionately impacting low-income households from finding affordable housing and affording basic needs compared to the population at large. 1 https://www.gallatinrealtors.com/gallatin-valley-housing-report/ (page 32) 305 Consolidated Plan BOZEMAN 44 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-40 Homeless Needs Assessment – 91.205(c) Introduction: The city of Bozeman, along with other municipalities in Gallatin, Meagher, and Park counties, are served by Human Resource Development Council District IX, or HRDC IX. As noted earlier, HRDC is a Certified Housing Development Organization, Community Development Corporation, and Community Action Agency. HRDC develops, preserves, owns, and manages affordable housing, ranging from multi-family properties with HUD subsidies to Low-Income Housing Tax Credit developments to single and multi-family community land trust homes. HRDC also functions as the local Continuum of Care and administers the local Coordinated Entry System. The HRDC is a partner with the statewide Montana Continuum of Care Coalition and Pathways Community Network Institute, which provides public data related to all of the state’s Coordinated Entry Systems. Between May 1, 2023, and May 1, 2024, the statewide HMIS found that 458 unique individuals were identified through Bozeman’s local Coordinated Entry System. The 2024 Point-in-Time (PIT) Count identified 409 individuals experiencing homelessness in Bozeman in January 2024, which accounted for 20% of all residents experiencing homelessness in the state of Montana identified during this year’s count. Comparing these data to 2022 5-year ACS data, Hispanic, American Indian and/or Alaska Native, and Black/African American residents are all overrepresented in the unhoused population in comparison to their proportions in Bozeman’s general population. If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): According to the Montana Statewide Continuum of Care’s Homeless Management Information System (HMIS) data dashboard, from May 1, 2023, to May 1, 2024, 458 individuals experiencing homelessness were identified through HRDC’s Coordinated Entry System—432 were unique individuals. During that same time period, 438 individuals exited HRDC’s Coordinated Entry System and 246 individuals have yet to exit the Coordinated Entry System. The State’s HMIS dashboard provides data on the median days to find housing by entry/exit destination. The top five fastest destinations of finding housing by entry/exit destination where clients answered include: Staying or living with family, permanent tenure (31 days) Rental by client, no ongoing housing subsidy (69.5 days) Staying or living with friends, permanent tenure (71 days) 306 Consolidated Plan BOZEMAN 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Place not meant for habitation (e.g., a vehicle, abandoned building, bus station, etc.) (79.5 days) Staying or living with family, temporary tenure (e.g., room, apartment, or house) (92.5 days) The top five slowest destinations of finding housing by entry/exit destination where clients answered include: Emergency shelter, including hotel or motel paid for with emergency shelter voucher, Host Home shelter (421.5 days) Jail, prison, or juvenile detention facility (406 days) Residential project or halfway house with no homeless criteria (351 days) Owned by client, no ongoing housing subsidy (217 days) Rental by client, no ongoing housing subsidy (197.5 days) Demographics. Of the unique individuals entering HRDC’s Coordinated Entry System from May 1, 2023, to May 1, 2024: Age: o 7% were under the age of 18; o 16% were between the ages of 18-24; o 22% were between the ages of 25-34; o 23% were between the ages of 35-44; o 23% were between the ages of 45-61; o 6% were over the age of 62; and o Data was not collected for 4% of individuals. Gender: o 51% identify as a man; o 43% identify as a woman; o .01% identified as non-binary; o .01% identified as transgender; and o Collectively, .03% preferred not to answer, identified differently from the presented options, identified as questioning, or data was not collected for the individual. 307 Consolidated Plan BOZEMAN 46 OMB Control No: 2506-0117 (exp. 09/30/2021) Chronic homelessness. Over this time period, 49 individuals were identified as experiencing chronic homelessness—44 were unique individuals. Of those identified, 19 individuals had yet to exit the Coordinated Entry System. For individuals experiencing chronic homelessness, the top three fastest destinations of finding housing by entry/exit destination where clients answered include: Staying or living with friends, permanent tenure (42 days) Rental by client, no ongoing housing subsidy (98 days) Long-term care facility or nursing home (113 days) The top three slowest destinations of finding housing by entry/exit destination where clients answered include: Emergency shelter, including hotel or motel paid for with emergency shelter voucher, Host Home shelter (527 days) Jail, prison, or juvenile detention facility (396 days) Rental by client, with ongoing housing subsidy (223 days) Below is a summary of Bozeman's 2024 Point-in-Time (PIT) Count. Overall: 192 residents were identified experiencing sheltered homelessness in emergency shelter (47% of residents identified during the PIT Count); 104 residents were identified experiencing sheltered homelessness in transitional housing (25%); and 113 residents were identified experiencing unsheltered homelessness (28%). By household type, 217 residents identified during the count were in adult-only households, 195 residents were in family households, and two residents were in child-only households. By age, there were 31 residents between the ages of 0-4, 59 residents between the ages of 5-12, and 15 residents between the ages of 13 and 17. Of the unaccompanied youth and children identified during Bozeman’s count, 26 were between the ages of 18 and 24 and two residents were under the age of 18. Of those identified during the Count that were found to be experiencing chronic homelessness, 70 residents were identified in adult-only households while 11 residents were in households with children. Other demographic information provided in the 2024 Count include: 25 residents identified as Veterans (6%); 125 residents identified living with a disabling condition (31%); and 40 residents identified as survivors of domestic violence (10%). 308 Consolidated Plan BOZEMAN 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Nature and Extent of Homelessness: (Optional) Race: Sheltered: Unsheltered (optional) White 0 0 Black or African American 0 0 Asian 0 0 American Indian or Alaska Native 0 0 Pacific Islander 0 0 Ethnicity: Sheltered: Unsheltered (optional) Hispanic 0 0 Not Hispanic 0 0 Data Source Comments: Estimate the number and type of families in need of housing assistance for families with children and the families of veterans. According to the 2024 Point-in-Time Count, 195 residents experiencing homelessness identified as living in family households (48% of all residents identified during the Count). Additionally, two residents were identified as living in child-only households. As noted earlier in the plan, this is likely an undercount of the true number of families experiencing homelessness. Low-income families and families with children at imminent risk of homelessness are underrepresented in such statistics because these families are difficult to identify. They may be living in overcrowded conditions with friends or family, or residing with an abusive family member/partner to remain housed. Undocumented, refugee, and/or immigrant families may prefer to remain unidentified and not participate in surveys. According to CHAS data, there are 7,284 households in Bozeman with income less than 80% AMI with housing needs. Applying the proportion of the city’s family households with children under 18 (17.1%) (46% and 54%, respectively) to this subset of households, there are an estimated 1,246 families with income less than 80% AMI in need of housing assistance. Additionally, 25 residents identified during the 2024 Point-in-Time Count (6% of all residents experiencing homelessness) identified as Veterans. Additionally, between May 1, 2023 and May 1, 2024, 26 Veterans were identified in the local Coordinated Entry System. Describe the Nature and Extent of Homelessness by Racial and Ethnic Group. The 2024 Point-in-Time Count reported that 274 residents identified during the Count identified as White (67% of all residents), while 101 residents identified as Other (11%) and 34 residents identified as Native American (8.3%). Additionally, between May 1, 2023, and May 1, 2024, Bozeman’s local Coordinated Entry reported the top five categories of race and ethnicity during this time period as: 309 Consolidated Plan BOZEMAN 48 OMB Control No: 2506-0117 (exp. 09/30/2021) Non-Hispanic White (47% of respondents); Hispanic (11% of respondents); Hispanic and White (9% of respondents); American Indian, Alaska Native, or Indigenous (8%); Black, African American, or African (4%); and Data was not collected for 14% of individuals. Additionally, according to HRDC staff, “since 2020, the HRDC has seen the number of Hispanic residents it serves rise from 5 percent to 16 percent of the total. Use of the emergency warming shelter by Latino individuals ‘has gone up significantly since the pandemic,’ however, ‘they remain a small percentage of the overall guests.’”2 Comparing these data to 2022 5-year ACS data, Hispanic, American Indian and/or Alaska Native, and Black/African American residents are all overrepresented in the city’s unhoused population in comparison to their proportions in Bozeman’s general population. Describe the Nature and Extent of Unsheltered and Sheltered Homelessness. Stakeholders described that the number of residents experiencing homelessness continues to grow, with 2024 representing the greatest number of people ever identified experiencing homelessness during the PIT Counts. In 2024, of the 409 residents identified during the Point-in-Time Count: 192 were in emergency shelter (47% of all residents identified during the count); 113 were unsheltered (28%); and 104 were in transitional housing (25%). It’s important to note that PIT counts typically significantly underestimate the number of people who are experiencing homelessness, as those living in precarious housing situations (unsafe conditions, unsafe partners/roommates, about to be evicted, couch surfing, etc.) are not captured in the traditional counts. From 2023 to 2024, the number of people experiencing homelessness captured by the PIT Count for the Bozeman/Livingston area increased by 36%, while the number of people experiencing unsheltered homelessness increased by nearly 50% (57 people in 2023, 113 in 2024). Currently, HRDC’s Warming Center currently has 105 beds available; however, Homeward Point, a new emergency shelter opening in 2025, will add an additional 30 beds and five family suites. HRDC has an additional 42 units of emergency shelter available for families. Haven, an organization serving survivors of domestic violence, also recently opened an emergency shelter with 30 units and 40 beds. Additionally, stakeholders expressed a significant need for more transitional housing options. This stakeholder shared that from a community perspective, “all the shelter providers have identified transitional housing as the big need.” They noted that collectively, HRDC, Family Promise and Haven 2 https://www.thenation.com/article/society/bozeman-montana-undocumented-labor/ 310 Consolidated Plan BOZEMAN 49 OMB Control No: 2506-0117 (exp. 09/30/2021) have approximately 35 units available; however, collectively, they are not enough to meet demand. A stakeholder shared there is also a significant need for more permanent supportive housing in Bozeman. According to this stakeholder, there are only 19 PSH units available to the entire community. Discussion: 311 Consolidated Plan BOZEMAN 50 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) Introduction: HUD’s term “special needs” means any population that has greater housing challenges and/or unique housing needs when compared to low-income households in general. The special needs groups for which Consolidated Plan regulations require estimates of supportive housing needs include: Elderly and frail elderly, Persons with disabilities (mental, physical, developmental), Persons with alcohol or other drug addictions, Persons with HIV/AIDS and their families, and Public housing residents. This Consolidated Plan also includes needs estimates for survivors of domestic violence and undocumented residents. Describe the characteristics of special needs populations in your community: Elderly and Frail Elderly. According to 2022 5-year ACS estimates, there are 6,840 residents in Bozeman over the age of 62. Of these residents, 243, or 4%, have incomes below the poverty level—a proxy for housing and service needs. Of the city’s senior population, 688 residents live below the poverty level and have a self-care disability. Of this population, 24 residents are estimated to have housing and service needs. Bozeman residents over the age of 65 are two and a half times more likely than the general population to have a disability. Persons with Disabilities. The noninstitutionalized population with a disability in Bozeman totals 5,115. Of these residents, 20% live below the poverty level and have housing and supportive service needs according to ACS data—putting those with needs at 1,018 residents. The needs of residents with disabilities vary depending on the disability, and the level of support required to provide the same opportunity as non-disabled residents to access and enjoy community assets. By disability: There are 2,035 residents with hearing or vision impairments in Bozeman, and 35%, or 705, have housing and service needs according to HUD CHAS data. 1,365 residents have an ambulatory limitation and 44%, or 594, have housing and service needs. 1,535 residents have a cognitive limitation and 43%, or 655, have housing and service needs. 1,455 residents have a self-care or independent living limitation, and 43%, or 630, have housing and service needs. 312 Consolidated Plan BOZEMAN 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Persons with Alcohol or other Drug Addiction. An estimated 10,321 Bozeman residents have some form of alcohol or drug addiction based on national incidence rates applied to the local population. An estimated 4,991 residents need and are not receiving treatment for their addiction. Public housing residents. While there are no public housing units available in Bozeman, stakeholders articulated that the waitlist for tenant-based vouchers in the Bozeman area is approximately 1,200 residents. Survivors of Domestic Violence. Based on surveys conducted by the CDC, an estimated 1,415 Bozeman residents are victims or survivors of domestic violence. Of these, 9%, or 130 residents, will have long- term housing and service needs associated with the experience of violence. Undocumented residents. It is difficult to estimate the number of undocumented residents living in Bozeman. An excerpt from a recent article3 shared that: “It’s nearly impossible to accurately measure the growth of Bozeman’s Spanish-speaking population since nearly all the new arrivals are undocumented. In Gallatin County, the Latino proportion of the population jumped from 2.8% to 5% between 2010 and 2020, according to U.S. census data – a nearly 140% increase. Experts say the estimate is conservative and doesn’t include the years since 2021, the period of Bozeman’s most explosive housing-market growth.” What are the housing and supportive service needs of these populations and how are these needs determined? Elderly and frail elderly residents. Stakeholders shared several housing and service needs of elderly and frail elderly populations in Bozeman. Stakeholders noted that a subset of senior residents that own their homes are being displaced due to rising property taxes. Compounding the displacement of seniors is the lack of affordable housing options, particularly options to downsize from their current living situation. This stakeholder shared that “seniors are being priced out of their home because there are no smaller/other alternatives available.” Another stakeholder shared that the community is seeing a large spike in the number of seniors experiencing homelessness and that anecdotally, they know a lot of seniors who have moved into a camper/RV and are now living down the street from HRDC’s shelter. This stakeholder also added that the window of income eligibility for seniors to live in LIHTC developments is “really narrow.” They shared that HRDC recently developed 96 senior tax credit housing units but that seniors who make barely over the eligibility threshold (<60% AMI) are ineligible to live in the units. The top housing challenges faced by survey respondents over the age of 65 included: 3 https://montanafreepress.org/2024/05/07/bozemans-boom-depends-on-immigrants-but-struggles-to-support- them/ 313 Consolidated Plan BOZEMAN 52 OMB Control No: 2506-0117 (exp. 09/30/2021) N/A; I don’t face any of these challenges (64% of respondents); I need help taking care of myself/my home and can’t find or afford to hire someone (10%); and I worry that if I request a repair it will result in a rent increase or eviction (6%). Service needs articulated by stakeholders for elderly and frail elderly populations included more access to mental health service and affordable health care options, as well as more availability of paratransit services and senior-oriented services and community events. Disability. Stakeholders overwhelmingly identified the significant lack of affordable and accessible housing available in Bozeman, which disproportionately impacts residents living with physical disabilities. One stakeholder shared that one of the greatest challenges to providing more accessible housing are zoning regulations that require mixed-use developments to have housing on the second floor and commercial space on the ground floor. They added that for people who have mobility challenges, “the second floor is dangerous. What if there’s a fire? An elevator isn’t going to do anything for you. A lot more housing would be available for people with accessibility needs if it was made available on the ground floor.” Stakeholders also articulated a significant need for mental health services, energy utility assistance, and more affordable health and dental care services. The top housing challenges faced by survey respondents living with a disability or with someone experiencing a disability in their household included: I worry that if I request a repair it will result in a rent increase or eviction (19% of respondents); N/A; I don’t face any of these challenges (18%); My house or apartment isn’t big enough for my family members (16%); My home/apartment is in bad condition (14%); and My landlord refuses to make repairs despite my requests (9%). Persons with Drug or Alcohol addiction. Stakeholders described a significant need not only for more affordable housing options, but for more detox and sober living home facilities to be available in Bozeman. One stakeholder shared that for residents struggling with drug or alcohol addiction challenges, having a stable and affordable living situation is critical to ensuring people continue to thrive on their path to recovery. Greater Impact, Inc., a nonprofit organization that serves residents experiencing drug or alcohol addiction challenges, currently offers the only sober living home options in the Gallatin Valley, with one home serving men and two homes serving women.4 Stakeholders also articulated a critical need for more substance abuse/chemical dependency services. They noted that Alcohol and Drug Services of Gallatin County closed in fall 2023 and as a result, there “has been a spike in the number of overdose-related deaths in the first part of 2024.” Survivors of domestic violence. One stakeholder shared that for survivors of domestic violence, “there can be a lot of barriers to finding housing.” They added that each situation is different and some 4 Second women's sober living home in Bozeman to open soon (kbzk.com) 314 Consolidated Plan BOZEMAN 53 OMB Control No: 2506-0117 (exp. 09/30/2021) survivors are more resourced than others, adding that “we’ve seen a lot of survivors who are not the primary income earners in their home…if the abuser ends up getting arrested, then the survivor runs the risk of being evicted for not paying their bills.” The stakeholder added that this dynamic also plays into cooperating with those prosecuting the crimes of their abusers, adding “if they cooperate and the abuser goes to jail, then they might end up losing their housing. There’s a lot of nuance that survivors have to navigate.” This stakeholder shared that direct subsidy/financial resources for rental assistance and other housing costs would be most helpful for survivors of domestic violence. They added that “if Bozeman is not able to increase its affordable housing stock, direct subsidy will be the most helpful.” In addition to financial resources, this stakeholder shared that the availability of more mental health services, particularly services that are trauma-informed, would be incredibly beneficial for this population. Additionally, several stakeholders identified more available and affordable childcare options as a significant need for this population. Undocumented residents. A handful of stakeholders described the significant housing and service barriers faced by undocumented residents. One stakeholder shared that because these residents don’t have social security numbers, they can’t “access a lease or other housing programming.” They added that they also don’t qualify for any federal programs (e.g. WIC, SNAP, housing assistance), so the only service HRDC can provide is case management. Another stakeholder shared that they only know of one property management company that will rent housing units to undocumented residents, adding that one of the families they work with “has been on the waitlist for that property for two years.” Stakeholders shared that because these residents can’t find housing through traditional means, they are either forced into housing that is overcrowded and/or in poor condition. Several stakeholders pointed to Bienvenidos a Gallatin County as the primary organization assisting immigrant families in Bozeman. A stakeholder shared that most of these families get all their food from the foodbank and that “it really all comes down to how they can get income.” They expressed concern about their available employment options, noting that “they don’t receive healthcare benefits, they might make $10/hour, and they are vulnerable.” They added that “my biggest fear is that these families are incredibly desperate which makes them vulnerable to exploitation. And most of them have kids. They are just looking to make a better life.” Another stakeholder shared that their organization “could use a lot more resources for immigrant survivors…[we have a] large and growing Spanish speaking population and we need to be able to provide more information and awareness about their rights.” They advocated for more translation services to be made available, adding that “we have a pretty good network of interpreters….translators would be most helpful.” Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area: According to AIDSVu, in 2021, 69 of every 100,000 people in Gallatin County are living with HIV. This rate is lower than surrounding counties, including Jefferson (83/100K), Madison (88/100K), and Park (91/100K) counties, as well as the state of Montana (77/100K). Based on the state’s incidence rate of 315 Consolidated Plan BOZEMAN 54 OMB Control No: 2506-0117 (exp. 09/30/2021) people living with HIV and AIDS, there are approximately 35 people in the city of Bozeman living with HIV/AIDS. However, this is likely an undercount. AIDS Outreach, an organization serving Gallatin County, offers several services to residents living with HIV, including individual counseling, financial assistance in the form of food, clothing, shelter, and medical treatment, and direct outreach and support for families and caregivers. Similar to other special populations, residents living with HIV/AIDS also have significant housing and supportive service needs. One stakeholder that provides healthcare services shared that a lot of their patients report difficulty finding and securing stable housing, adding that “our sense is that cost of living continues to increase and puts a strain on people with lower incomes, with housing being their largest cost.” This stakeholder added that even with flexible payment options, “fewer people are coming in…[they’re] delaying care if they feel they don’t have the funds for it.” Additionally, this stakeholder shared that for residents living with HIV/AIDS, there is “stigma in accessing care,” which necessitates more healthcare options that are trauma-informed and inclusive. They added that “we hear from our clients that have gone into a different healthcare setting and felt judged and stigmatized, which led them not to return to that provider.” They added that “accessing healthcare in a non-judgmental compassionate space can be difficult to find….[if people don’t find this], they will forego care altogether.” If the PJ will establish a preference for a HOME TBRA activity for persons with a specific category of disabilities (e.g., persons with HIV/AIDS or chronic mental illness), describe their unmet need for housing and services needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2) (ii)) N/A. The City of Bozeman does not receive HOME funds. Discussion: 316 Consolidated Plan BOZEMAN 55 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-50 Non-Housing Community Development Needs – 91.215 (f) Describe the jurisdiction’s need for Public Facilities: Overall, public facilities that Bozeman survey respondents most wanted to see include: Additional and/or higher quality childcare centers (43% of respondents); Improvements to parks and recreation centers (28%); and A community center and/or improvements to existing community centers (24% of respondents). Other comments from survey respondents related to public facilities included: “ADA improvements [should be] prioritized above all else. The city follow through with the goals and recommendations in the Equity & Inclusion plan, which would address all of the community development outcomes listed.” “An Adult Day Care Center that offers quality life enrichment to enhance the quality of life for persons with dementia and disabilities.” “Community park/center with outdoor swimming pool.” “We need a community center on the NW side of the city.” “Improve indoor centers with activities for homeschool families, events or activities indoors during winter months for kids/youth.” Several residents and stakeholders articulated a need for more community centers in the city. One stakeholder shared that “since the COVID-19 pandemic, it’s been difficult for a lot of community members to find places to meet people. We need more public spaces that help facilitate these interactions.” How were these needs determined? The City of Bozeman conducted a Housing and Community Needs survey for the development of this plan, as well as a series of resident focus groups and stakeholder interviews throughout the plan development process to determine the most urgent community needs. Describe the jurisdiction’s need for Public Improvements: Overall, public improvements that Bozeman survey respondents most wanted to see include: Street and sidewalk improvements (32% of respondents); Improvements to parks and recreation centers (28%); A community center and/or improvements to existing community centers (24% of respondents) Other comments from survey respondents related to public improvements included: “Street maintenance – potholes, plowing is a long-term problem in this town that is worse than other comparable towns….” 317 Consolidated Plan BOZEMAN 56 OMB Control No: 2506-0117 (exp. 09/30/2021) “Bring back benches please! The disabled and elderly really rely on them.” “We need better public transit, pedestrian infrastructure, and biking infrastructure.” “Multi-modal transport infrastructure and neighborhood-scale amenities.” “Separated bike lanes and shared use paths.” Several stakeholders shared that a lot of the public infrastructure in Bozeman, including sidewalks, streets, and parks, are not accessible to residents living with disabilities. One stakeholder articulated that, “accessing things around the city can be difficult. If our organization receives free tickets to a show downtown for our clientele with mobility challenges, trying to find parking downtown is incredibly tough…accessibility is a huge issue.” This stakeholder wanted to see more thought go into building accessible spaces in the city, citing Story Mill Park as a “great example of accessibility being integrated into the space.” How were these needs determined? The City of Bozeman conducted a Housing and Community Needs survey for the development of this plan, as well as a series of resident focus groups and stakeholder interviews throughout the plan development process to determine the most urgent community needs. Describe the jurisdiction’s need for Public Services: Overall, the public services that Bozeman survey respondents most wanted to see included: Increased access to mental health care services (50% of respondents); Climate resilience-focused planning and implementation (37%); Increased access to addiction treatment services (34%); More recreation options for youth and other special populations (23%) Increased access to internet/broadband services (12%) Other comments from survey respondents related to public services included: “More effective snow removal.” “Increase Streamline bus service (more frequent).” In addition to the community survey and stakeholder consultations, an April 2024 article5 quoted HRDC’s food and nutrition outreach coordinator saying “food insecurity is a thing in our community…it’s something that we are working to address every day. We’ve had some record numbers recently for visits to the food bank.” Resident and stakeholders also articulated a desire for expanded transportation options, including more reliable and frequent bus options, more financial services and life skills classes, 5 https://nbcmontana.com/news/local/hrdc-to-host-food-drive-as-donations-slow-need-rises 318 Consolidated Plan BOZEMAN 57 OMB Control No: 2506-0117 (exp. 09/30/2021) more employment services for harder-to-employ residents to secure jobs, and more tenant rights/legal aid/fair housing resources. How were these needs determined? The City of Bozeman conducted a Housing and Community Needs survey for the development of this plan, as well as a series of resident focus groups and stakeholder interviews throughout the plan development process to determine the most urgent community needs. 319 Consolidated Plan BOZEMAN 58 OMB Control No: 2506-0117 (exp. 09/30/2021) Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: Affordable housing is very limited for households earning less than 80% of the AMI, especially those with incomes lower than 30% AMI. According to a gaps analysis conducted to support this Consolidated Plan, renters making below $50,000 do not have an adequate supply of affordable housing. There are 5,339 renter households in Bozeman with incomes of $50,000 and less. These renters have 4,899 rental units that are affordable to them, leaving a gap of 440 affordable rentals or rental subsidies to accommodate their needs. The gap is largest for renters with who live on fixed incomes, and renters with incomes between $20,000 and $25,000. The City of Bozeman’s 2019 Community Housing Needs Assessment found that between 5,400 to 6,340 housing units were needed over the next five years to address the city’s current housing shortfall for residents and the workforce to keep up with job growth. The Plan identifies that while community housing should serve the full range of incomes, efforts should focusing on increasing: Ownership housing from 80% to 120% AMI, while also incentivizing the production of missing middle housing up to 150% AMI; Additional resident and employee rentals up to 80% AMI; and Safety net rentals below 30% AMI. As outlined in the 2024 Gallatin Valley Housing Report, “economic expansion plays a pivotal role in fueling housing demand, with job growth serving as a critical component.” As articulated by residents and stakeholders throughout the development of this Consolidated Plan, as well as other local and regional economic development plans, the need to provide a range of affordable housing options is a critical factor in the continued growth of Bozeman’s economy. 320 Consolidated Plan BOZEMAN 59 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-10 Number of Housing Units – 91.210(a)&(b)(2) Introduction As of 2020, 40% of the City’s housing stock was made up of single-family detached homes. The second most common housing type is multifamily properties with 5-19 units. Properties with 2-4 units make up 16% of the city’s housing stock while single-family attached homes make up 15%. Another 9% is units in multifamily properties with 20 units or more. Mobile homes represent approximately 2% of the city’s housing stock. All residential properties by number of units Property Type Number % 1-unit detached structure 8,880 40% 1-unit, attached structure 3,295 15% 2-4 units 3,425 16% 5-19 units 3,950 18% 20 or more units 2,002 9% Mobile Home, boat, RV, van, etc. 505 2% Total 22,057 100% Table 26 – Residential Properties by Unit Number Data Source: 2016-2020 ACS The City of Bozeman has a homeownership rate of 42%. Approximately 7 in 10 homeowners live in single family detached homes; 85% have homes with 3 or more bedrooms and 14% live in homes with two bedrooms. Just 1% of homeowners live in homes with fewer than two bedrooms. Single family detached homes also provide rental opportunities for residents, with 18% of renters living in single family detached homes. Rental units with three or more apartments make up approximately 60% of units where renters reside. Renters are much more likely than homeowners to live in units with one bedroom (15%) or no bedrooms (6%). However, most renters live in two- or three-bedroom homes (79%). Unit Size by Tenure Owners Renters Number % Number % No bedroom 20 0.2% 679 6% 1 bedroom 114 1% 1,771 15% 2 bedrooms 1,197 14% 5,715 49% 3 or more bedrooms 7,389 85% 3,572 30% Table 27 – Unit Size by Tenure Data Source: 2016-2020 ACS 321 Consolidated Plan BOZEMAN 60 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. The City of Bozeman defines community housing as rental or owned homes that are affordable to households earning within specific income ranges or for special needs households. According to the City’s 2019 Community Housing Needs Assessment, a total of 138 community ownership units and 947 affordable community rental units have been constructed in Bozeman. Since the City’s Housing Needs Assessment, an additional 43 affordable community ownership units and 277 affordable community rental units have been built. Affordable ownership units in the City include land trust products, Habitat for Humanity Homes, units created under the City’s AHO, and HRDC units/programs. Not all remain in the affordable inventory but all have been leveraged to create affordability and contribute to wealth creation for low income households. Of the affordable community rental units: Affordable rentals are a mix of low-income housing tax credit (LIHTC), project-based section 8, MT Board of Housing funding, and non-profit owned properties. Two properties are voluntarily operated as affordable rentals, meaning they could charge market rates. One is owned by a non-profit. A total of 357 units (29% of the community rental stock) are limited to occupancy by seniors and/or persons with disabilities. Below is a table that describes the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs in Bozeman since 2018.6 6 2019 City of Bozeman Community Housing Needs Assessment, page 46 322 Consolidated Plan BOZEMAN 61 OMB Control No: 2506-0117 (exp. 09/30/2021) In addition to the inventory listed above, the following affordable rental housing developments have been built: Housing First Village, 42 units of permanent supportive housing for residents with incomes up to 50% AMI (Built in 2021); Arrowleaf, 76 units of affordable rental housing for residents with incomes up to 60% AMI (Built in 2021); Perennial Park, 97 units of affordable rental housing for residents older than 55 with incomes up to 60% AMI (Built in 2021); Timber Ridge, 30 units of affordable rental housing for residents with incomes up to 60% AMI *Built in 2023); and 30 units of emergency shelter/rental housing for survivors of domestic violence. With the majority of units in LIHTC developments, 58% of the units in the city’s community rental housing stock are targeted at households with income of at least 60% AMI. Additionally: Less than 1% of units are targeted at households with incomes less than 30% AMI; 1% of units are targeted at households with incomes less than 40% AMI; 323 Consolidated Plan BOZEMAN 62 OMB Control No: 2506-0117 (exp. 09/30/2021) 23% of units are targeted to households with incomes up to 50% AMI; 13% of units are targeted to households with incomes up to 80% AMI; And 8% of units do not have income limits. Additionally, as of January 2024, the City of Bozeman reported that 17 community housing projects are currently in the pipeline, totaling an additional 1,241 affordable housing units and 3,715 units overall. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. Pond Row Apartments (22 units) have an affordability expiration period this year; no other LIHTC development’s affordability period will expire until at least 2031. However, many more properties are or will be eligible to apply for a “qualified contract” during this period. Does the availability of housing units meet the needs of the population? No. The City of Bozeman’s 2019 Community Housing Needs Assessment found that between 5,400 to 6,340 housing units were needed over the next five years to address the city’s current housing shortfall for residents and the workforce to keep up with job growth. The Plan identifies that while community housing should serve the full range of incomes, efforts should focus on increasing: Ownership housing from 80% to 120% AMI, while also incentivizing the production of missing middle housing up to 150% AMI; Additional resident and employee rentals up to 80% AMI; and Safety net rentals below 30% AMI. Additionally, to support the Housing Market Analysis of this Consolidated Plan, a “gaps analysis” was conducted, which compares renter household incomes to the distribution of both affordable rental and homeownership units. That analysis was based on the 2022 American Community Survey (ACS) data and reflects housing market conditions during 2022. According to that gaps analysis, renters making below $50,000 do not have an adequate supply of affordable housing. There are 5,339 renter households in Bozeman with incomes of $50,000 and less. These renters have 4,899 rental units that are affordable to them, leaving a gap of 440 affordable rentals or rental subsidies to accommodate their needs. The gap is largest for renters with who live on fixed incomes, and renters with incomes between $20,000 and $25,000 (a gap of 1,873 affordable rental units). Additionally, the gaps analysis also looked at the availability of homes for sale that were affordable to residents at different AMI levels. The analysis found that there are no affordable homes for sale to households that make less than 120% AMI. Describe the need for specific types of housing: 324 Consolidated Plan BOZEMAN 63 OMB Control No: 2506-0117 (exp. 09/30/2021) The City’s Needs Assessment also found that about 60% of the units needed to be priced “below- market” to meet the full range of community housing needs. This includes a mix of housing unit types to diversify options for residents, with prices ranging primarily between $160,000 and $400,000 for ownership and $500 to $1,200 per month for rent. The gaps analysis also reveals a need for deeply affordable and permanent supportive housing for the city’s extremely low-income renters, as well as a need for more affordable homeownership opportunities for households making less than 120% AMI. More income and deed restricted housing is needed to accommodate this group of renters and potential buyers. Specific housing types articulated by residents and stakeholders include a need for more transitional housing options, more accessible and first-floor housing options for residents living with disabilities, more housing options that allow older residents to downsize, and smaller-scale, affordable homeownership opportunities. Discussion 325 Consolidated Plan BOZEMAN 64 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction Between 2010 and 2022, the median market value of homes in Bozeman, as measured by the American Community Survey (ACS), increased by 104%. The median value was $546,100 as of 2022, requiring an annual household income of approximately $164,000 and a downpayment of at least $54,600. Rents have also increased significantly, rising 96% between 2010 and 2022. The annual household income needed to afford the median rent and utilities is $58,000. In 2022, 47% of Bozeman’s renters paid $1,500 or more per month for rent. In 2010, just 6% of renters paid $1,500 or more per month for rent. Cost of Housing Base Year: 2010 Most Recent Year: 2022 % Change Median Home Value $268,100 $546,100 104% Median Contract Rent $686 $1,343 96% Table 28 – Cost of Housing Data Source: 2010 and 2022 5-year ACS estimates Rent Paid Number % Less than $500 279 2 $500-999 2,517 21 $1,000-1,499 3,561 30 $1,500-1,999 3,183 27 $2,000 or more 2,400 20 Table 29 - Rent Paid Data Source: 2018-2022 ACS Housing Affordability Number of Units affordable to Households earning Renter Owner 30% HAMFI No Data 50% HAMFI 80% HAMFI 100% HAMFI No Data Table 30 – Housing Affordability Data Source: 2016-2020 CHAS The fair market rents listed in Table 36 represent FY2024 fair market rents. 326 Consolidated Plan BOZEMAN 65 OMB Control No: 2506-0117 (exp. 09/30/2021) Monthly Rent Monthly Rent ($) Efficiency (no bedroom) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Fair Market Rent $901 $999 $1,275 $1,797 $2,164 High HOME Rent $901 $999 $1,275 $1,797 $1,998 Low HOME Rent $901 $999 $1,226 $1,417 $1,581 Table 31 – Monthly Rent Data Source: HUD FMR and HOME Rents Is there sufficient housing for households at all income levels? No. According to the City’s 2019 Community Housing Needs Assessment, between 5,405 and 6,340 housing units for residents and employees were estimated to be needed by 2025 –an average of about 770 to 905 housing units per year. According to the Needs Assessment, about 60% of the housing needed to be priced below-market, approximately 3,210 to 3,765 units (about 460 to 540 per year). Specifically, this meant ownership housing priced below $350,000 (150% AMI) and rental units priced below $1,000 per month (60% AMI). The Needs Assessment articulated that to support the local workforce, 41% of new units should be targeted for ownership and 59% of units should be targeted for renters. As highlighted above, the gaps analysis completed for this plan found that renters making below $50,000 do not have an adequate supply of affordable housing. There are 5,339 renter households in Bozeman with incomes of $50,000 and less. These renters have 4,899 rental units that are affordable to them, leaving a gap of 440 affordable rentals or rental subsidies to accommodate their needs. The gap is largest for renters with who live on fixed incomes, and renters with incomes between $20,000 and $25,000 (a gap of 1,873 affordable rental units). The analysis found that there are no affordable homes for sale to households that make less than 120% AMI. How is affordability of housing likely to change considering changes to home values and/or rents? Between 2009 and 2020, Bozeman’s population has increased by 20%. Over roughly the same time period, median market value of homes has increased by 104% while rents have increased by 96%. Market home values and rents have continued to increase alongside the population, suggesting that people with higher incomes are moving to the area and are able to afford the rising cost of housing. Therefore, the market is incentivized to accommodate the demand of high-income households. For these high-income households, affordability may not be a concern. However, for existing residents with lower incomes, finding and maintaining stable, affordable housing may become less likely as housing costs outpace their income. How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? 327 Consolidated Plan BOZEMAN 66 OMB Control No: 2506-0117 (exp. 09/30/2021) According to 2022 5-year ACS data, median gross rent for efficiency, one-bedroom, two-bedroom, and three-bedroom units are all higher than the FY24 Fair Market Rents established by HUD, as well as HOME High Rents for Gallatin County. This suggests that the payment standards established by HUD are lower than current market rates in Bozeman for rental units. Consequently, this indicates that the City will need to continue prioritizing the preservation of existing affordable housing and the production of new affordable units. These findings align with feedback from both stakeholders and residents that have articulated that for residents who are able to secure a housing voucher, the payment standards are too low for the voucher to cover the remainder of rent after a household pays 30% of their income. Additionally, “voucher is not enough to cover the rent for places I want to live” was the number one answer articulated by survey respondents who indicated it was somewhat difficult or very difficult to use a voucher in the Bozeman area. Discussion 328 Consolidated Plan BOZEMAN 67 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) Introduction This section provides data on the condition of housing units within Bozeman, based on American Community Survey (ACS) data from 2022. Of owner-occupied units, about a quarter, or 2,372 units, have a reported condition issue. A small share, just 1% or 54 units, have more than one condition issue. Seventy five percent of owner-occupied units in Bozeman have no condition issues. Rental units are much more likely to be in poor condition, with 47% or 5,770 units with one condition issue. Similar to owner-occupied units, just 1% of the rental housing stock in Bozeman, or 129 units, have more than one condition issue. Just over half of the city’s rental housing stock have no condition issues. Condition issues appear to be somewhat correlated with year built. As described above, rental units are nearly 2.5 times more likely to have a condition issue compared with owner-occupied units. Between 1950 and 1979, twice as many rental units were built as owner-occupied units. Additionally, between 1980 and 1999, for every one owner-occupied unit built, approximately 1.8 rental units were built. Homes built before 1980 have the greatest risk of lead-based paint hazard, as the federal government banned lead from paint beginning in 1978. According to the federal Environmental Protection Agency )EPA), nationally, 24% of homes built between 1960 and 1977 contain lead-based paint, in addition to 69% of homes built between 1940 and 1950, and 87% of homes built before 1940. Bozeman has a sizable share of homes built before 1980: nearly a third (32%) of owner-occupied homes and 35% of renter-occupied homes were built before lead-based paint was banned. There were nearly one and a half times more rental units built during before 1980 than owner-occupied units (3,066 owner-occupied, 4,316 rental units). Due to the lack of available data, this analysis did not include an inventory of the suitability of units in need of rehabilitation. Definitions Condition of Units Condition of Units Owner-Occupied Renter-Occupied Number % Number % With one selected Condition 2,318 24% 5,770 47% With two selected Conditions 54 1% 129 1% With three selected Conditions 0 0% 0 0% With four selected Conditions 0 0% 0 0% No selected Conditions 7,269 75% 6,501 52% Total 9,641 100% 12,400 100% Table 32 - Condition of Units Data Source: 2022 5-year ACS 329 Consolidated Plan BOZEMAN 68 OMB Control No: 2506-0117 (exp. 09/30/2021) Year Unit Built Year Unit Built Owner-Occupied Renter-Occupied Number % Number % 2000 or later 4,952 51 5,155 41 1980-1999 1,623 17 2,929 24 1950-1979 1,551 16 3,230 26 Before 1950 1,515 16 1,086 9 Total 9,641 100 12,400 100 Table 33 – Year Unit Built Data Source: 2022 5-year ACS Risk of Lead-Based Paint Hazard Risk of Lead-Based Paint Hazard Owner-Occupied Renter-Occupied Number % Number % Total Number of Units Built Before 1980. 3,066 32 4,316 35 Housing units built before 1980 with children present Table 34 – Risk of Lead-Based Paint Data Source: 2018-2022 ACS (Total Units) 2016-2020 CHAS (Units with Children present) Vacant Units Suitable for Rehabilitation Not Suitable for Rehabilitation Total Vacant Units n/a n/a n/a Abandoned Vacant Units n/a n/a n/a REO Properties n/a n/a n/a Abandoned REO Properties n/a n/a n/a Table 35 - Vacant Units Need for Owner and Rental Rehabilitation Housing units built over 30 years ago are more likely to need rehabilitation assistance. Given that 32% of owner-occupied stock and 35% of renter-occupied stock was built before 1980, a sizable portion of Bozeman’s housing stock likely has moderate rehabilitation needs. In general, low- and moderate- income households are more likely to be renters and renters are also more likely to experience substandard housing conditions. In Bozeman, households in Census Tract 6, which is north of W Peach Street, east of N19th Avenue, and south of W Griffin Drive, have lower median household incomes and higher poverty rates compared to the city at-large. According to 2022 5-year ACS data, more than half of the housing stock in this Tract (53.7%) was built before 1980. 330 Consolidated Plan BOZEMAN 69 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards According to CHAS data, an estimated 189 households with children aged 6 or younger live in owner- occupied homes built before 1980, which are more likely to contain lead-based paint hazards. There are an estimated 209 households with children aged 6 or younger in renter-occupied units with risk of exposure to lead-based paint hazards. It is common for households with lower incomes to live in older housing given that new and updated homes are likely more expensive. Low-income renters may be more likely to reside in substandard housing that contains lead-based paint hazards, as homeowners often have more income to remodel and more autonomy over the decision to address potential hazards in the home. Discussion 331 Consolidated Plan BOZEMAN 70 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-25 Public and Assisted Housing – 91.210(b) Introduction There are no public housing units in the city of Bozeman. Totals Number of Units Program Type Certificate Mod-Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers available 0 38 0 675 275 350 50 0 0 # of accessible units *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 36 – Total Number of Units by Program Type Data Source: PIC (PIH Information Center) Describe the supply of public housing developments: n/a. Describe the number and physical condition of public housing units in the jurisdiction, including those that are participating in an approved Public Housing Agency Plan: n/a. 332 Consolidated Plan BOZEMAN 71 OMB Control No: 2506-0117 (exp. 09/30/2021) Public Housing Condition Public Housing Development Average Inspection Score n/a n/a Table 37 - Public Housing Condition Describe the restoration and revitalization needs of public housing units in the jurisdiction: n/a. Describe the public housing agency's strategy for improving the living environment of low- and moderate-income families residing in public housing: n/a. Discussion: n/a. 333 Consolidated Plan BOZEMAN 72 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-30 Homeless Facilities and Services – 91.210(c) Introduction The 2024 PIT Count counted 296 sheltered and 113 unsheltered homeless individuals in the city of Bozeman. A variety of housing facilities and services are offered to these homeless individuals by organizations within Bozeman, including the City, HRDC, other community-based organizations, and health service agencies. Housing facilities include emergency shelters, transitional housing, safe havens, and permanent supportive housing options. Homeless support services offered within the Bozeman area include: prevention and diversion, outreach, case management, system navigation and housing location assistance, medical services, employment services, substance use disorder services, mental health care, public assistance benefits and referrals, and domestic violence support. Facilities and Housing Targeted to Homeless Households Emergency Shelter Beds Transitional Housing Beds Permanent Supportive Housing Beds Year Round Beds (Current & New) Voucher / Seasonal / Overflow Beds Current & New Current & New Under Development Households with Adult(s) and Child(ren) Five family suites (Homeward Point) 40 beds (Haven) - 15 units (Family Promise) - - Households with Only Adults 105 beds (HRDC Warming Center) 136 beds (Homeward Point -opening 2025) - 10 units (HRDC) 42 units (Housing First Village) 19 units (community wide) - Chronically Homeless Households - - - - Veterans - - - - Unaccompanied Youth - - - - Table 38 - Facilities and Housing Targeted to Homeless Households 334 Consolidated Plan BOZEMAN 73 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Medical and Mental Health Care Services available to the Bozeman community include: Community Health Partners – CHP provides medical, dental, behavioral health, and pharmaceutical services. CHP also institutes a sliding scale payment system for services in use, and referrals to specialists also are on a sliding scale basis. Bridgercare – provides excellent, affordable reproductive and sexual healthcare and education in a safe environment. Gallatin County Health Department – Resources provide by the Health Department include environmental health, immunizations, WIC nutrition services, emergency preparedness, and preventative cancer screenings, among other services. Hope House – Hope House provides a Crisis Stabilization Center for anyone experiencing a mental health crisis who needs a safe place to go. Hope House also provides case management and short-term stay for clients. Gallatin Mental Health Center – GMHC assists individuals and communities with the challenges of mental health, substance use, and co-occurring disorders in order to achieve the highest quality of life. GMHC has sliding scale fees. Human Development Clinic – HDC provides quality, low-cost counseling services for the Gallatin Valley, including individual and group counseling, skill development workshops, and therapy for families, children, adults, and couples. Western Montana Mental Health Center – an integrated community-based mental health center offering a comprehensive range of services to adults living with mental health conditions in Montana. A.W.A.R.E., Inc. – statewide nonprofit organization that offers quality, community-based support for people with mental health and/or developmental disabilities and families with children ages 0 to 8. MSU Human Development Clinic – staffed by faculty and graduate students of the counseling program within the Department of Counseling at MSU, services are offered to members of the community, as well as students and staff at MSU. Low-cost mental health services to adults and children of Gallatin County are available. Providence Mental Health – Providence works toward alleviating the harmful effects of traumatic experiences for families and individuals. In addition to the housing services provided for residents experiencing homelessness in the Bozeman area, HRDC also provides youth employment support, Medicare counseling, at home assistance for older adults, and care coordination for older adults. The day services also provide support to unhoused residents to meet their basic hygiene needs. Additionally, employment and adult education services available to the Bozeman community include: 335 Consolidated Plan BOZEMAN 74 OMB Control No: 2506-0117 (exp. 09/30/2021) Bozeman Job Service – Bozeman Job Service provides employment listings, job matching and training, Veteran resources, and counseling. The Job Service also provides computers, phone, fax, copying, and printing services for employment searches. Vocational Rehab – Promotes work and independence for adults with disabilities. Resources include job training and placement, counseling, and post-employment services. Youth Development @ the HRDC – Jobs skills, resources, and job placement for youth (ages 14- 21, up to 24 years old in some cases). Career Transitions – Career Transitions uses a variety of tools to promote job readiness, including training and computer literacy classes, to ensure successful job placement for individuals. LC Staffing – A staffing agency for those seeking temporary or full-time employment. Express Employment – A staffing agency for those seeking temporary or full-time employment. Adult Learning Center – A service of Bozeman Public Schools, the ALC provides assistance in HI- SET preparation (formerly the GED) as well as resume skills, job search help, and basic adult education. Beacon Employment Services – Employment assistance for people with mental and physical disabilities. Assistance includes resume writing assistance, job search and placement, job coaching, interview skills development, and benefits counseling. While there are available mental health services available in the Bozeman community, residents and stakeholders indicated that the demand for these services far outpaces supply. The majority of stakeholders consulted for this plan indicated that mental health services was one of the most critical needs in Bozeman. Additionally, 50% of survey respondents (n=477) indicated that more mental health services were a critical need for the Bozeman community. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. Montana 2-1-1 provides information and connects people to resources for non-emergency needs, via an easy-to-remember phone number (2-1-1) and a website (montana211.org). Facilities HRDC Warming Center – The Bozeman Warming Center offers emergency shelter to anyone in need, including families with children, single adults, and couples. The space provides each individual or group with separate sleeping areas. The Shelter is open nightly from 8 p.m. to 8 a.m. Additionally, the Warming Center also provides Drop-In Services during the day. Warming Center and Day Center Services include computer access, day storage, housing case management, housing navigation, job search assistance, peer support and recovery groups, personal laundry, showers, and sock exchange. Note that HRDC’s Homeward Point (discussed below) will replace the Warming Center when it opens. 336 Consolidated Plan BOZEMAN 75 OMB Control No: 2506-0117 (exp. 09/30/2021) HRDC Homeward Point – Expected to open in spring 2025, HRDC @Homeward Point will be Bozeman’s year-round shelter. The shelter was planned from a trauma-informed point of view and includes dedicated space for families with a separate entrance. Staff and community partners will be located onsite, along with a variety of services, to ensure that clients’ experience with homelessness is brief and that they are well supported as they aim for housing stability. Haven – Recently, Haven has relocated to a new emergency shelter facility, which now offers 40 beds in 30 units. This shelter provides a confidential and safe house for victims of sexual and domestic violence. Staff also helps with crisis intervention, on-going support, education, and legal advocacy. Family Promise – Family Promise’s Shelter Programs provide temporary shelter and highly individualized, person-centered, trauma-informed case management to move families from homelessness to housing independence. Family Promise services individuals who are pregnant, families with children under the age of 18, and families of all compositions. VASH program – Veteran Affairs Supportive Housing for homeless veterans, including case management, counseling, and ongoing rental assistance. Supportive Services for Veterans and Families – Volunteers of American Northern Rockies provides supportive services for veterans and families who are experiencing or at risk of homelessness. Additionally: There are 25 units of transitional housing available in the community (HRDC manages 10 units; Family Promise manages 15 units); HRDC also manages the Housing First Village, which offers 42 units of permanent supportive housing. An additional 19 units of PSH are available in the community. Prevention and Diversion Services HRDC – HRDC’s Homeless Prevention program includes case management, housing counseling, financial coaching, and temporary emergency rental relief for households who meet program eligibility criteria. Family Promise – Through its Prevention and Diversion programs, Family Promise provides temporary assistance needed to prevent moving into emergency shelter, to maintain or move into stable housing, including rental payment assistance, landlord mediation, and transportation and utility support. Haven – Haven has a community engagement team and prevention education team that performs community outreach and awareness building to help people recognize domestic violence when it’s happening and how to support survivors. Haven also has a partnership with Bridgercare to administer a Peer Education program, which trains teens to teach their peers about sexuality and healthy relationships in a medically accurate, developmentally-appropriate, evidence-based, and culturally-sensitive manner. 337 Consolidated Plan BOZEMAN 76 OMB Control No: 2506-0117 (exp. 09/30/2021) Haven also provides counseling services, a 24-hour support line, emotional support, personal advocacy services, and safety planning. They also connect clients to other available community resources. Supportive and Specialized Services HRDC – Other services provided by HRDC include emergency energy and emergency food assistance. In addition to the Homeless Prevention services and Transitional Housing mentioned above, HRDC’s Housing First program provides Rapid Rehousing services, Housing Counseling/Supportive Services, and SSI/SSDI Outreach, Access, and Recovery (SOAR). Additionally, HRDC’s Market Place offers a no-cost grocery market (Gallatin Valley Food Bank), monthly grocery program for seniors, a pay-what-you-can restaurant, cooking and nutrition classes, year-round kid friendly food programs, emergency assistance, financial coaching and education, support to help clients file their taxes, utility assistance programs, home weatherization assistance, preschool registration, youth employment support, foster youth support, transitional housing support for youth, volunteer opportunities, and Medicare counseling, among others. REACH – REACH works to empower adults with a range of physical or developmental disabilities through employment, residential, and transportation assistance. The Help Center – provides a 24-hour crisis hotline, as well as Bozeman’s 211 information line. Ability MT – Provides services that promote independence for people with disabilities. Rural Dynamics, Inc. – provides financial counseling, debt management, bankruptcy education, and other financial services. Bozeman Public Library – free books, movies, music, computers, and internet access. LOVE, Inc. – service for residents of Gallatin County who need clothing, food, budgeting assistance, car repairs, home repairs, transportation, and family help. Salvation Army – assists with clothing, linens, housewares, etc. Veterans and homeless assistance is also available. Family Outreach, Inc. – Provides free services to families and friends of children and adults with disabilities to help keep families intact. They also offer placement assistance. Eagle Mount – Provides quality adaptive recreation and support opportunities for people with disabilities and young people impacted by cancer and provide support for families of participants. Big Sky Youth Empowerment – Creates transformative community where vulnerable teenagers experience belonging, purpose, and well-being through group mentorship, adventure, and connection with the natural world. Bozeman Adult Learning Center English for Speakers of Other Languages – ESOL classes are designed to meet the individual language and cultural understanding needs of non-native English speakers. 338 Consolidated Plan BOZEMAN 77 OMB Control No: 2506-0117 (exp. 09/30/2021) Bienvenidos- Connects new Spanish-speaking families with local mentors, volunteers, and professionals who help families meet their goals through language acquisition, coordination of services, access to community resources, and advocacy. Montana Legal Services – provides non-criminal legal information, advice, and representation to Montanans to fight scam on seniors, assist veterans, help people escape abusive relationships, and represent families living in unsafe housing conditions. Child Care Connections – assists families in affording child care through scholarships, provides resources for families regarding child safety, emergency preparedness, and special needs resources for both families and childcare providers. South North Nexus – Manages Migrant Legal Fund which assists migrants and their families in Montana with legal support to address pressing issues related to their residency in Montana. McKinney-Vento – Education for homeless children and youth program through Montana’s Office of Public Instruction. Montana Fair Housing – Promotes non-discrimination in Montana through outreach, education, dispute resolution and enforcement. 339 Consolidated Plan BOZEMAN 78 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-35 Special Needs Facilities and Services – 91.210(d) Introduction Special needs populations in Bozeman include the elderly; frail elderly; persons with mental, physical, or developmental disabilities; persons with HIV/AIDS; and persons with substance abuse disorders. These populations face unique barriers to stable housing. Some rely on a fixed income, such as Social Security Disability Income (SSDI) that cannot withstand large increases in housing costs. People with mental, physical, or developmental disabilities have limited accessible and affordable housing options. For those relying on housing vouchers, the task of finding an accessible unit can be challenging. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs Special needs populations require unique housing support. An estimated 40% of households with a disability have a housing need that may require modifications to make a unit more accessible, such as shower grab bars, ramps, or wide doors. This population may need help with one or more daily activities requiring assistance of a hired caregiver or family member. If neither option is available due to lack of family members or for financial reasons, group homes offer vital support for populations with disabilities. An estimated 4% of elderly (aged 62 years and older) and 4% of frail elderly (elderly and requiring assistance with daily living) have housing or service needs; this is based on the share of elderly and frail elderly living in poverty. These needs are similar to those with disabilities, such as modifications to the home or care provided by a family member, or at-home caregiver. There are an estimated 35 people living with HIV/AIDS in Bozeman based on CDC rates of incidence in Montana at 65.6 infections per 100,000 people. According to the CDC, treatment for HIV requires intensive, consistent medication to suppress the viral load to keep this population healthy and reduce the risk of transmission. Housing stability is critical for this population, as homelessness can make obtaining the necessary medication challenging and risks inconsistent usage. Support to maintain housing stability could be permanent supportive housing, housing vouchers, emergency rental assistance, and a medical care team to ensure health is optimized. Based on the U.S. Department of Health and Human Services National Survey on Drug Use and Health, there are an estimated 10,321 persons with alcohol or other drug abuse disorders in Bozeman; 48% of which have a housing or service need. To best support this population, counseling for the individual and their family may be needed alongside housing assistance. Stable housing is key to recovery, as many with substance abuse disorders may use to cope with impending or present dangers of homelessness. Among the greatest community development needs that residents and stakeholders were asked to consider as critical needs, the top five were: Affordable Childcare, Mental Health Services, Supportive Services for Vulnerable Residents, Climate Resilience Planning and Implementation, and Public Transit. 340 Consolidated Plan BOZEMAN 79 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing As noted earlier in this section, several organizations serve residents experiencing mental health challenges, including Community Health Partners, Gallatin Mental Health Center, Human Development Clinic, Western Montana Mental Health Center, and the MSU Human Development Clinic. Organizations serving the needs of residents living with physical or development disabilities include REACH, Inc., Ability MT, and Family Outreach. While programs and services do exist for providing supportive housing options to these populations, residents and stakeholders described a significant gap in the availability of supportive housing. Stakeholders described a critical shortage of affordable and accessible housing options for people living with disabilities. Additionally, mental health services were highlighted as being a significant community need. Several stakeholders felt that until residents treated their mental health challenges, finding and remaining in a stable housing situation would be a challenge. Stakeholders also mentioned that the lack of staff capacity and resources available for organizations to provide services in a housing setting were significant barriers to supportive housing. A couple of stakeholders cited the cost of living in Bozeman as a primary reason they are unable to retain their staff. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. 91.315(e) The City of Bozeman strives to ensure that city information and public participation options are inclusive and accessible. The City has adopted policies in compliance with the Americans with Disabilities Act. The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so that people with disabilities can participate equally in City programs, services, and activities, including, but not limited to, qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. The City is dedicated to increasing staff resources to serve the elderly, persons with disabilities, and individuals with other special needs. The City is in the process of hiring a Disability Community Liaison, a Belonging in Bozeman Coordinator, Community Engagement Coordinator, and ADA Coordinator. The role of the ADA Coordinator is to ensure ADA compliance and bolster disability inclusivity in accessing the community. This will allow the City to move away from a reactionary model of addressing ADA compliance and ensure the City meets all federally mandated requirements in a proactive manner. The Disability Community liaison will assist the ADA Coordinator on community engagement and outreach to promote a positive relationship between the disability community and the City, ensure that community members with disabilities have an avenue to voice their concerns and provide feedback in community development. The Belonging in Bozeman and Community Engagement Coordinators will work together to implement the goals and strategies outline in the City Diversity, Equity and Inclusion Plan, which 341 Consolidated Plan BOZEMAN 80 OMB Control No: 2506-0117 (exp. 09/30/2021) includes goals pertaining to residents living with mental, physical, developmental disabilities and other special needs. The Neighborhood Services division at the City of Bozeman has a specific focus on the health and safety impacts related to houseless residents, including those living with disabilities. The Neighborhood Services program connects vulnerable members of the community to services and resources, including mental health and substance abuse services, for persons suffering from drug and alcohol addiction and mental illness. In partnership with Eagle Mount Bozeman the City of Bozeman’s Parks and Recreation Division are working together to create inclusive summer camps for our community. Eagle Mount is focused on celebrating abilities and removing barriers to recreation. Eagle Mount offers a wide range of activities with adaptive features, such as skiing, horseback riding, swimming, camping, rock climbing, kayaking, cycling, fishing, and more. These activities foster freedom, joy, strength, focus and confidence. This collaboration allows for more success in a group setting for children with greater individual special needs. The summer camps are for all abilities to promote diversity and the beauty of disability. In addition to the services these various departments provide for people with special needs, the City of Bozeman has identified the need to promote aging in place and universally accessible residential design. The City intends to leverage expertise of the disability community to educate design and building professionals and conduct educational workshops for design, construction, and real estate professionals on universal design practices and adaptable dwellings within residential developments. If an environment is accessible, usable, convenient and a pleasure to use, everyone benefits. By considering the diverse needs and abilities of all throughout the design process, universal design creates digital and built environments, services and systems that meet peoples’ needs. For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) Please see above. 342 Consolidated Plan BOZEMAN 81 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-40 Barriers to Affordable Housing – 91.210(e) Negative Effects of Public Policies on Affordable Housing and Residential Investment Through the stakeholder consultation process, a handful of barriers were identified impacting the development of affordable housing in Bozeman. One stakeholder felt that the housing conversation is not really occurring at the regional level, adding that “it’s ignored a little bit at the regional level.” They noted that regionally, there is a de facto moratorium on development because of infrastructure constraints, namely sewer infrastructure. As a result, “the inability of other places to grow is putting pressure on growth in Bozeman.” This stakeholder wanted to see more regional cooperation among Bozeman and other local communities to try and address their housing issues in a collective manner. Another stakeholder shared that the current zoning code does not allow the development of more compact homes on smaller lots, adding that to move their development through the process, they needed approximately 20 variances to the zoning code and had to use the Planned Unit Development (PUD) tool. Describing the process as “extremely challenging,” they felt there was a disconnect between the vision of the community and what can actually be built in the city. Another stakeholder felt that zoning gets blamed a lot as a barrier to affordable housing development, however, they articulated that “Bozeman’s Unified Development Code (UDC) has tons of flexibility…it’s just really convoluted.” They noted that the city’s zoning code has been “patched up and moved around” so much that only a handful of people actually can navigate it and understand it. They felt that if you can navigate the code, it’s not overly difficult to move developments through the process. Private covenants can also create barriers, particularly when they duplicate overly large lot sizes, excessive design costs, etc. Once adopted, covenants are very difficult to change. Montana has very little state law setting any kind of process guidance or standards for owners associations, fiscal stewardship, or equal protection making them easy to misuse. Other stakeholders highlighted the development approval process in the city as a barrier, citing that due to staff capacity issues and unfamiliarity with the development code, the process to obtain all of the necessary approvals was not as efficient as it could have been. Additional barriers identified by stakeholders impacting the development of affordable housing included the high cost of land and lack of availability of land, high cost of infrastructure, high cost of labor, and NIMBYism. A couple of stakeholders also mentioned that in addition to these barriers, Bozeman has a short construction season due to the weather, which compounds the negative impacts of the aforementioned barriers. One stakeholder also cited high interest rates as another current barrier to development. Stakeholders are also concerned about redevelopment of manufactured housing which could displace residents and contribute to a loss of naturally affordable stock. 343 Consolidated Plan BOZEMAN 82 OMB Control No: 2506-0117 (exp. 09/30/2021) At the state level, stakeholders highlighted the State Legislature’s removal of a jurisdiction’s regulatory authority to allow for inclusionary zoning. In response, the City is currently implementing an incentive- based approach to increasing the number of community housing units in Bozeman. Stakeholders did acknowledge the City’s effort to update the Unified Development Code, which aimed to: Ensure consistency with the Growth Plan and other adopted policy documents; Modernize and improve the organization, usability, and user-friendliness of the code; Provide for a wide range of housing types to meet an expanded range of housing needs; Improve the built environment and provide new and improved development standards; and Ensure compliance with recent state land use legislative changes. However, the City’s Mayor and Commission paused the update to the UDC in fall 2023 to allow for additional community engagement activities. 344 Consolidated Plan BOZEMAN 83 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-45 Non-Housing Community Development Assets – 91.215 (f) Introduction Economic Development Market Analysis The City of Bozeman updated its Economic Development Strategy in 2023, which includes the following goals: Strong Economic Base Increase middle and high wage traded sector employment and diversify the economic base. Support local sector businesses with a seamless permitting process and awareness about existing small business programs. Invest in infrastructure projects identified on the capital improvement plan (CIP) that the business community needs and wants. Strong Community Protect the outdoor environment by guiding efficient industry site development within the city limits. Foster an environmentally and economically sustainable community with an active transportation network (transit networks, bicycle routes, trails, and sidewalks) that employers and employees desire. Offset livability costs for citizens with conscious infrastructure and workforce investments that improve access to job opportunities with the understanding that several other stakeholders are focused specifically on affordable housing. Additionally, the City’s 2023 Economic and Market Update highlight eight key segments that distinguish the Bozeman economy from other mid- sized cities and recreation/resort-oriented mountain communities: Higher Education – In 2022, Montana State University (MSU) had 16,688 students enrolled and 4,250 faculty and staff. MSU is one of 131 R1 research institutions with “very high research activity” within the Carnegie Classification of Institutions of Higher Education. Tourism and Recreation – Bozeman is a “gateway community” for world class recreation including the Bridger Bol and Big Sky ski areas, pristine rivers and streams, and Yellowstone and Glacier National Parks. Yellowstone International Airport (BZN) is a major tourism (and business) driver with over 2.2 million passengers in 2022. Health Care – Bozeman Health is a regional hub for health care in Southwest Montana, employing over 1,000 people. There are numerous other clinics and medical offices clustered around the hospital and located throughout Bozeman. 345 Consolidated Plan BOZEMAN 84 OMB Control No: 2506-0117 (exp. 09/30/2021) Technology – Bozeman is a hub for technology and research and development companies that have both started in or moved to Montana. Major employers range from companies focusing on software development to photonics R&D and manufacturing. Manufacturing – There are numerous manufacturing firms in Greater Bozeman ranging from outdoor companies to optical technology, materials science, electronics, and aerospace. Retail and Hospitality – Bozeman retailers serve at least a 50-mile radius trade area, making it the premier retail, services, and health care hub in Southwest Montana. Downtown Bozeman is a vibrant main street with independent shops, restaurants, and breweries serving locals and visitors. Creative Arts – The city has many businesses that provide goods and services based on intellectual property and individual creativity. These businesses include publishing, film, TV, media, design, technology, performing arts, and museums and galleries. Montana State University Innovation Campus – The MSUIC hosts the only Secure Compartmental Information Facility (SCIF) in the state of Montana and facilitates classified research for both government agencies and the private sector. Business Activity Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Agriculture, Mining, Oil & Gas Extraction 495 64 1.6% 0.2% -1.4% Arts, Entertainment, Accommodations 4,586 6,308 14.6% 16.2% 1.6% Construction 2,493 2,237 7.9% 5.7% -2.2% Education and Health Care Services 8,231 11,101 26.2% 28.5% 2.3% Finance, Insurance, and Real Estate 1,590 1,793 5.1% 4.6% -0.5% Information 194 601 0.6% 1.5% 0.9% Manufacturing 2,149 1,573 6.8% 4.0% -2.8% Other Services 1,697 1,665 5.4% 4.3% -1.1% 346 Consolidated Plan BOZEMAN 85 OMB Control No: 2506-0117 (exp. 09/30/2021) Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Professional, Scientific, Management Services 3,867 4,664 12.3% 12.0% -0.3% Public Administration 545 1,438 1.7% 3.7% 2.0% Retail Trade 4,326 5,690 13.8% 14.6% 0.8% Transportation & Warehousing 892 644 2.8% 1.7% -1.1% Wholesale Trade 368 903 1.2% 2.3% 1.1% Grand Total 31,433 38,981 100% 100% - Table 39 - Business Activity Data Source: 2017-2021 ACS (Workers), 2021 Longitudinal Employer-Household Dynamics (Jobs) 347 Consolidated Plan BOZEMAN 86 OMB Control No: 2506-0117 (exp. 09/30/2021) Labor Force Total Population in the Civilian Labor Force 33,661 Civilian Employed Population 16 years and over 32,708 Unemployment Rate 2.8% Unemployment Rate for Ages 16-24 7.3% Unemployment Rate for Ages 25-65 1.3% Table 40 - Labor Force Data Source: 2018-2022 ACS Occupations by Sector Number of People Management, business, science, arts 15,519 Farming, fisheries and forestry occupations 277 Service 6,074 Sales and office 5,673 Construction, extraction, maintenance and repair 2,144 Production, transportation and material moving 3,021 Table 41 – Occupations by Sector Data Source: 2018-2022 ACS Travel Time Travel Time Number Percentage < 30 Minutes 24,602 91% 30-59 Minutes 1,596 6% 60 or More Minutes 756 3% Total 26,954 100% Table 42 - Travel Time Data Source: 2018-2022 ACS 348 Consolidated Plan BOZEMAN 87 OMB Control No: 2506-0117 (exp. 09/30/2021) Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Less than high school graduate 372 0 199 High school graduate (includes equivalency) 1,727 54 685 Some college or Associate’s degree 4,684 88 800 Bachelor’s degree or higher 14,921 138 1,831 Table 43 - Educational Attainment by Employment Status Data Source: 2018-2022 ACS Educational Attainment by Age Age 18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs Less than 9th grade 161 2 22 28 88 9th to 12th grade, no diploma 191 68 190 261 39 High school graduate, GED, or alternative 4,049 713 520 1,233 1,177 Some college, no degree 7,477 1,630 1,069 1,330 1,080 Associate’s degree 656 915 280 348 202 Bachelor’s degree 2,318 5,624 2,253 2,999 1,392 Graduate or professional degree 354 2,467 1,631 1,916 1,756 Table 44 - Educational Attainment by Age Data Source: 2018-2022 ACS Educational Attainment – Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate $27,455 High school graduate (includes equivalency) $36,437 Some college or Associate’s degree $39,535 Bachelor’s degree $46,677 Graduate or professional degree $63,252 Table 45 – Median Earnings in the Past 12 Months Data Source: 2018-2022 ACS 349 Consolidated Plan BOZEMAN 88 OMB Control No: 2506-0117 (exp. 09/30/2021) Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? In Bozeman, Education and Health Care Services is the largest employment sector, with 26% of all workers and 29% of all jobs (Table 45). The second largest sector is Retail Trade at 14% of workers and 15% of jobs. Professional, Scientific, and Management Services make up 12% of both workers and jobs in the city. According to the City’s 2023 Economic Vitality Strategy, the largest industries in the city of Bozeman and Gallatin County are local and tourism sectors, including retail trade, hotels and restaurants, construction, and health care. The traded sectors of professional and technical services and manufacturing are the next largest groups of industries. Describe the workforce and infrastructure needs of the business community: According to a SWOT analysis performed for the 2023 Strategy, there were three significant weaknesses/threats impacting the Bozeman and Gallatin County economies: Rapid increase in housing and real estate costs. The implications associated with this factor include constraining the availability of the labor force, as well as constraining business expansion or relocation (cost of space). Large proportion of jobs in the Bozeman area are in tourism, retail, and food and beverage industries. The implications associated with this factor include lower wages, less economic productivity, and a mismatch between wages and housing costs. Education and opportunity gap between white and non-white population. The implications associated with this factor are investing resources into career paths to ensure there is more diversity in higher paying jobs. In addition to the factors highlighted above and the lack of affordable housing, stakeholders also shared that the lack of available and affordable childcare is a significant economic impact. One stakeholder highlighted a recent workforce impact report that found Gallatin County is only meeting 50% of the demand for childcare. Several stakeholders highlighted recruitment and retention of childcare workers as a major problem, with one stakeholder sharing that “[as a city], we don’t retain workforce very well. Childcare is a very low paying occupation, and with the cost of living in Bozeman as high as it is, the turnover rate [of childcare staff] is really high.” Another stakeholder articulated that for a significant number of people who live and work in Bozeman, “they’re not making enough money to cover the cost of childcare.” This forces households to have one member leave the workforce so they can care for their child(ren). Quality of childcare is another issue highlighted by this stakeholder, noting that a lot of households bounce around from one childcare facility to another due to the lack of quality. They felt that providing more resources to better train employees can improve retention rates with both employees and families. One stakeholder shared that, “if parents don’t have reliable childcare, they won’t show up for work.” They added that they know residents who have had to leave the workforce because they haven’t been 350 Consolidated Plan BOZEMAN 89 OMB Control No: 2506-0117 (exp. 09/30/2021) able to find affordable childcare, noting that “availability [of childcare options] is one thing, but being able to afford childcare is a greater challenge.” Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. The City’s 2025-2029 Capital Improvement Plan (CIP) articulates the priorities of improving and maintaining the city’s infrastructure, facilities, parks, and roads over the next five years. The 2025-29 CIP has $394.6 million in scheduled projects and $513.5 million in unscheduled projects. However, stakeholders overwhelmingly described more affordable housing and childcare as the primary needs to continue supporting workforce development and economic growth in Bozeman and the broader region. As articulated in the City’s CIP Plan, “…the need to address the demand for affordable housing in Bozeman continues to be a priority. This plan serves as an indication to the City’s commitment to leverage as many capital projects as possible for the further development of affordable housing in the community. The City will continue to evaluate and explore opportunities to address this critical concern.” How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? As the largest university in the state of Montana, Montana State University has positioned itself to align the growing sectors of its economy with the educational opportunities offered at the campus. The primary investment in this alignment of education and supply workforce is the MSU Innovation Campus, which is the state’s premier commercial development offering opportunities for partners to invest and build in a highly creative and entrepreneurial environment. The Campus will establish collaborative programs between institutions and the private sector with the aim of amplifying research, commercializing new technologies, and catalyzing Montana’s entrepreneurial ecosystem. Specifically, the Campus will offer opportunities in the following areas: Computer science; Biofilm engineering; Optical technology; Mental health and recovery; Space science and engineering; and Business and entrepreneurship. According to the Northern Rocky Mountain Economic Development District (NRMEDD)’s Comprehensive Economic Development Strategy (CEDS), the labor force participation rate in Gallatin County is higher than the national average, meaning most of the residents are working and there are not many residents to attract into the workforce. However, stakeholders were most concerned with the lack of affordable housing and cost of living in Bozeman, which forces many recent graduates to leave the area for employment. One stakeholder shared that while MSU is providing the appropriate educational 351 Consolidated Plan BOZEMAN 90 OMB Control No: 2506-0117 (exp. 09/30/2021) opportunities to fill Bozeman’s workforce needs, “some students have to leave and only come back 10 years later when they can afford to live here…that’s not a sustainable strategy.” Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. Gallatin College, Montana State University offers two-year workforce associate degrees and one-year professional certificates that complement four-year programs at Montana State University to ensure access to workforce development that promotes a vibrant local economy. Examples of degrees and certificates offered include HVAC-R, Photonics and Laser Technology, IT Cybersecurity Information Assurance, and CNC Machining Technology. As noted above, the MSU Innovation Center is working to provide space for companies to locate while offering MSU student opportunities to be involved in real-time research projects and other efforts. For example, in 2020, the Applied Research Laboratory opened as the first building on the campus, where scientists work with federal agencies, such as the U.S. Department of Energy and Department of Defense, on projects related to lasers and photonics, advanced manufacturing and materials, and cyber security. Stakeholders described that the MSU Innovation Campus is attracting a lot of attention from domestic and international companies. As such, these companies are exploring how to contribute in providing housing opportunities and other amenities, such as childcare, to recruit and retain high-quality employees. Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? Yes. If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. The goals articulated in the Northern Rocky Mountain Economic Development District (NRMEDD) CEDS document are: Region-Wide Collaboration – foster and catalyze region-wide economic development collaboration among local and state governments, businesses, educational institutions, federal government agencies and nonprofits; Data-Driven Thoughtful Growth – champion economic vitality, resiliency, recovery, and thoughtful growth through data-driven initiatives that reflect the region’s character and resources; 352 Consolidated Plan BOZEMAN 91 OMB Control No: 2506-0117 (exp. 09/30/2021) Infrastructure Enhancements – encourage and support enhancements to regional infrastructure to address existing and future economic constraints, including housing needs; and Workforce Development and Education – promote workforce expansion and development opportunities, including education, to support local businesses. Additionally, the City’s 2023 Economic Vitality Strategy identified the following goals and objectives to guide economic vitality actions in the city: Goal 1: Provide Opportunity for Gallatin Valley Residents Enhance the small business development ecosystem; Provide comprehensive and coordinated skills development starting with childcare through middle school and higher education; and Improve access to career opportunities for local and surrounding rural residents. Goal 2: Support a Diverse Economy Focus on traded sector industries that are emerging and can increase exports; Enhance development of the talent pipeline; and Elevate a growing creative arts industry cluster. Goal 3: Build a More Resilient Region Increase amount and access to housing for all Develop a sustainable city; and Foster a cultured-focused on climate change resilience. The goals articulated above in both the CEDS and City plan align with the goals of the Consolidated Plan, namely increasing the amount of and access to affordable housing in the city and region and ensuring that community services, such as childcare and access to education, are available to ensure that all residents can contribute to and benefit from the local economy. Discussion 353 Consolidated Plan BOZEMAN 92 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") For the purposes of this plan, a “concentration” is defined a Census Tract with 150 percent (or 1.5 times) of the city proportion of that group. For example, if 10% of residents are Asian but the Asian population of a specific Census tract is 15%, that tract would be considered “concentrated.” Excluding the Census Tracts that overlap the Montana State University campus, Census Tract 6 is the one tract in Bozeman that contains a majority of households experiencing housing problems. Specifically: 59% of households in Census Tract 6 have income less than $50,000 (33% of households in the city make $50,000); The median household income in Census Tract 6 is $44,762; the household median income in the city of Bozeman is $74,113. The poverty rate in Census Tract 6 is 25%; in the city of Bozeman, 14% of the population live in poverty. While not a concentration, Census Tract 6 has a greater proportion of households that experience cost burdened compared to the city overall (54% of households in Census Tract 6, 51% of households overall). Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") The same definition of “concentration” articulated above is used in this subsection. The following Census Tracts in Bozeman have concentrations of racial/ethnic minorities: Concentrations occur when Census tracts are more than 7.2% Hispanic. Three Census in the city of Bozeman have concentrations of Hispanic residents—one in the northeast quadrant of the city (Census Tract 6) and two directly north of the Montana State University campus (Census Tracts 7.03 and 9). African American/Black residents make up a very small proportion of residents in the city. In this case, concentrations occur when just 0.9% of residents report their race as African American/Black. Two Census tracts in Bozeman have a concentration of African American/Black residents, both of which cover the Montana State University campus (Census Tracts 11.01 and 11.02). Asian residents make up a relatively small proportion of residents overall (2.3%). Census tracts with 3.5% and more Asian residents are considered concentrated. There are three Census tracts in the city with a concentration of Asian residents—all located south of Main Street. Census Tract 11.01, located on the Montana State University campus, has the greatest proportion of Asian residents in the city (6.9%), followed by Census Tract 10.02 (4.5%) and Census Tract 9 (4.3%), which are directly east and north of campus, respectively. 354 Consolidated Plan BOZEMAN 93 OMB Control No: 2506-0117 (exp. 09/30/2021) Census tracts with more than 1.4% of Native American residents are considered a concentration. There are 3 such tracts in Bozeman. Census Tract 7.04, bounded by N Ferguson Avenue to the west, W Babcock Street to the south, Farmer’s Canal to the east, and Durston Road to the north, has the greatest concentration of AIAN residents in the city (3.9% of the total tract population). Other census tracts with concentrations of AIAN residents include Census Tract 6 (3%) and Census Tract 7.01 (1.6%). What are the characteristics of the market in these areas/neighborhoods? The market in these areas offer more affordable options low-income renters. Rental units make up 57% of all units in the tract; moreover, there are several LIHTC developments and other community housing options located in Census Tract 6. Additionally, according to 2022 5-year ACS data, more than half of the housing stock in this tract (53.7%) was built before 1980. It is common for households with lower incomes to live in older housing given that new and updated homes are likely more expensive. Similarly, Census Tract 11.01 and 11.02 overlap with the Montana State University campus. As such, more rental housing opportunities are available in these areas – rental units make up 98% of total units in Census Tract 11.01, as well as 60% of units in Census Tract 11.02. In Census Tract 11.01, 61% of the housing was built before 1980 while just over a fifth of the housing units (21%) in Census Tract 11.02 were built before 1980. With students as the primary tenants in these Census Tracts, it would suggest units are more affordable in these areas compared to the city overall. Are there any community assets in these areas/neighborhoods? Census Tract 6 has several community assets located within its boundaries, including Story Mill Park, Bozeman’s only completely accessible park. In addition to several other parks, Headwaters Academy and the Bozeman Social Senior Center are located in the tract, along with multiple Streamline bus routes. The greatest asset in Census Tract 11.01 and 11.02 is Montana State University. These Tracts also have direct access to Streamline bus routes to the north, along with several parks in Census Tract 11.02. Are there other strategic opportunities in any of these areas? Several of the City’s planned/pipeline community housing projects are located in Census Tract 6 and Census Tract 11.02. Montana State University is the greatest strategic opportunity in not only Census Tract 11.01 and 11.02, but the entire city. For example, when complete, Montana State University’s Innovation Campus, the campus will be home to more than 500,000 square feet of technology, biotech, healthcare, and office space. The census tracts that overlay commercial corridors like Midtown (North 7th Avenue) offer strategic opportunities for LMI workers in the expanding hospitality and hotel industries, in the growing variety of small businesses in the corridors and a growing number of minority-owned businesses. Around MSU the strategic opportunities are found in the educational opportunities offered by 2yr and 4yr educational opportunities as well as one-year certificates of training in a variety of disciplines. 355 Consolidated Plan BOZEMAN 94 OMB Control No: 2506-0117 (exp. 09/30/2021) In addition to opportunities in the specific tracts above, the City of Bozeman maintains the following goals / priorities / strategies to promote equity throughout the City: Equitable economic growth that improves economic mobility, builds wealth and provides equal opportunities for under-represented individuals. A sustainable economy with varied industries and business sizes including diverse ownership. Resilient infrastructure to endure economic shocks and climate change, which includes areas such as adequate workforce housing, water supply, renewable energy, and multi-modal transportation. Engage higher education that supports an entrepreneurial ecosystem and talent pipeline to careers in the Gallatin Valley throughout the student’s education. Innovation that captures opportunities in emerging technologies and industries including those aligned with national interests (e.g., defense, energy, climate) Fostering a small business hub through a supportive network that generates opportunity for wealth building of under-resourced individuals and retains businesses through succession planning. Building affordable housing near existing transportation corridors and concentrating growth in compact walkable urban centers to avoid sprawl. Prioritize development of affordable housing for low- and moderate-income households ensuring housing development keeps pace with job growth in key census tracts. 356 Consolidated Plan BOZEMAN 95 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households - 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low- and moderate-income households and neighborhoods. According to 2022 5-year ACS data, 91% of households have access to a desktop or laptop while 93% have access to a smartphone. Additionally, 67% of households have access to a tablet or other wireless computer. Approximately 3% of households do not have access to a computer. Ninety-two percent of households have some type of access to broadband, such as cable, fiber, or DSL. Just 8% of Bozeman households do not have an internet subscription. Lower income households in Bozeman are less likely to have internet access than households with higher income. According to 2022 5-year ACS data, 59% of households making less than $20,000 have a broadband subscription while 41% of households do not have an internet subscription. Conversely, 100% of households making between $20,000-$74,999 and 98% of households making more than $75,000 have a broadband subscription. Yellowstone Fiber is a non-profit fiber provider in Gallatin County. In spring of 2023, Yellowstone Fiber began construction of an all-fiber optic network, with the aim of providing ultra-high speed internet to over 22,000 homes in Bozeman by 2025. Due to the growing importance of broadband and internet connectivity, “local officials and community leaders decided to create their own connectivity solutions in the absence of state and federal leadership. After declaring broadband “essential infrastructure,” the City [of Bozeman] worked to develop a GIS map of broadband availability for their over 48,000 residents. Specifically, the City wanted to ensure decision makers knew where every inch of city-owned conduit and fiber assets were laid. Access to this information helped to ensure that decisions were more effective and efficient in closing the digital divide for Bozeman residents.”7 These “fiber huts,” which contain broadband fiber infrastructure, are planned to be situated at parks around the city as the City builds out the network. Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. According to the Federal Communications Commission (FCC) database, the city of Bozeman is served primarily by ten large broadband providers (figure below). In terms of coverage at 25/3 Mbps or greater speed, Space Exploration Technologies Corporation, Viasat, Inc., and Hughes Network Systems, LLC serve 100% of units in Bozeman. They are followed by Charter Communications (87% of households 7 https://nextcenturycities.org/mappingmontana/ 357 Consolidated Plan BOZEMAN 96 OMB Control No: 2506-0117 (exp. 09/30/2021) served), Lumen Technologies, Inc. (86%), SkyNet Communications (64%), T-Mobile USA, Inc. (62%), Montana Opticom (52%), BHT Investment Holdings (47%), and LAT Inc. (44%). 358 Consolidated Plan BOZEMAN 97 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) Describe the jurisdiction’s increased natural hazard risks associated with climate change. In 2019, the City of Bozeman developed its Vulnerability Assessment and Resiliency Strategy to help the city identify and mitigate the consequences of climate change and other hazards, as well as find solutions to adapt to the risks associated with changing local climate condition and establish local resilience initiatives. This Assessment analyzed the following natural hazards risks on critical facilities, critical infrastructure, and community centers: Extreme heat, expected to be more frequent and intense; Floods, expected to be more severe; Drought, expected to be more frequent and intense; Mountain snowpack, expected to decline in volume; Wildfire, expected to be more extensive, frequent, and intense; and Winter storms, expected to be more severe. In the City of Bozeman’s Climate Plan, several strategies related to “Vibrant and Resilient Neighborhoods” are articulated, including “reducing the vulnerability of neighborhoods and infrastructure to natural hazards.” Specific actions related to reducing this vulnerability include planning for resilience hubs at critical facilities, advancing resiliency in development code and development review processes, supporting business and residential preparedness outreach, and incorporating resiliency into infrastructure plans. According to the City’s Climate Plan dashboard, all of these actions are in progress. Additionally, Gallatin County Emergency Management has several plans that address natural hazard risks associated with climate change, include the Gallatin County Emergency Management Plan, Gallatin Hazard Mitigation and Community Wildfire Protection Plan, and the Gallatin County Sheltering Plan. While plans are in place to address these issues, stakeholders shared that one of the greatest challenges to addressing natural hazard risks associated with climate change is coordination among local governments and other partners. One stakeholder shared that until a major event occurs, it’s difficult to get all the necessary partners in the same room to discuss roles and responsibilities related to the impacts of natural hazards. Residents and stakeholders also acknowledged the impacts that natural hazard risks have and will continue to have on the city of Bozeman and surrounding areas. Of the most critical community development needs, a third of all survey respondents (n=316) identified a need for climate-resilience planning and implementation by the City. Describe the vulnerability to these risks of housing occupied by low- and moderate-income households based on an analysis of data, findings, and methods. 359 Consolidated Plan BOZEMAN 98 OMB Control No: 2506-0117 (exp. 09/30/2021) The City’s Vulnerability Assessment found that the buildings most vulnerable to extreme heat are primarily community centers that serve diverse and vulnerable populations. Facilities serving vulnerable populations at greater risk of experiencing impacts from natural hazards include: Bozeman Senior Center – vulnerable to extreme heat events, smoke hazards, and winter storms Story Mill Community Center – vulnerable to extreme heat events, flooding, and smoke hazards Bozeman Public Library – extreme heat events, flooding, and smoke hazards In the state of Montana’s 2021 Climate Change and Human Health in Montana, the report details populations that are particularly vulnerable to the impacts of climate change. These groups include: People with existing chronic conditions People threatened by increased heat People living in proximity to wildfire and smoke. People facing food and water insecurity. People who are very young, very old, or pregnant People with limited access to healthcare services People living poverty American Indians People lacking adequate health insurance. People with mental health issues. 360 Consolidated Plan BOZEMAN 99 OMB Control No: 2506-0117 (exp. 09/30/2021) Strategic Plan SP-05 Overview Strategic Plan Overview Five-year goals are a critical part of the development of the Consolidated Plan. Five-year goals guide funding priorities and allocations, and, as such, housing and community development goals should reflect community priorities and align with complementary goals and initiatives. The City utilized the findings from the Needs Assessment (NA) and Market Analysis (MA) sections, as well as the findings from the community engagement efforts, which included stakeholder consultations, resident focus groups, and a housing and community needs survey with over 950 responses, to develop the goals identified in this Consolidated Plan. These goals were also developed to align and reinforce other goals, strategies, and recommendations articulated in other existing City plans. 361 Consolidated Plan BOZEMAN 100 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-10 Geographic Priorities – 91.215 (a)(1) Geographic Area The City of Bozeman will not allocate funding to specific geographic areas of the city; funding will be allocated on a citywide basis. General Allocation Priorities Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) n/a. 362 Consolidated Plan BOZEMAN 101 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-25 Priority Needs - 91.215(a)(2) Priority Needs 363 Consolidated Plan BOZEMAN 102 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Priority Need Name Affordable Rental Housing Priority Level High Population Extremely low Low Moderate Geographic Areas Affected Citywide Associated Goals Goal 1: Increasing and Preserving Housing Options Description The lack of affordable rental housing was identified as the most critical need in Bozeman through the data analysis for this plan and community engagement findings. Basis for Relative Priority Residents and stakeholders identified the lack of affordable rental housing as the greatest need in the city of Bozeman. In the housing and community needs survey administered for this plan, 75% of respondents (n=711) identified rental housing for low-income renters as a critical need. Other City-led community engagement findings and plans, such as Belonging in Bozeman, Bozeman Community Plan, and the 2023 Economic Vitality Strategy, all identify the need for more affordable rental housing options. 2 Priority Need Name Affordable Homeownership Opportunities Priority Level High Population Extremely low Low Moderate Geographic Areas Affected Citywide Associated Goals Goal 1: Increasing and Preserving Housing Options Description The lack of affordable homeownership opportunities was another critical need identified through the data analysis for this plan and community engagement findings. 364 Consolidated Plan BOZEMAN 103 OMB Control No: 2506-0117 (exp. 09/30/2021) Basis for Relative Priority Residents and stakeholders identified the lack of affordable homeownership opportunities as another significant need in the city of Bozeman. In the housing and community needs survey administered for this plan, 84% of respondents (n=796) identified homeownership opportunities as a critical need. Other City-led community engagement findings and plans also stress the importance of more affordable homeownership opportunities in the city. 3 Priority Need Name Accessible Housing Priority Level High Population Extremely Low Low Persons with Disabilities Geographic Areas Affected Citywide Associated Goals Goal 1: Increasing and Preserving Housing Options Description The lack of accessibility in the city, particularly accessible housing options, was identified through the community engagement findings. Basis for Relative Priority Several stakeholders discussed the lack of overall accessibility in the city for people living with disabilities. The lack of accessible housing was identified as a significant barrier for this population. Additionally, over a third of survey respondents (36%, n=342) identified residents living with disabilities as one of the population groups with the greatest challenges finding and keeping housing. 4 Priority Need Name Emergency Shelter and Transitional Housing Priority Level High 365 Consolidated Plan BOZEMAN 104 OMB Control No: 2506-0117 (exp. 09/30/2021) Population Extremely Low Low Chronic Homelessness Individuals Persons with Disabilities Families with Children Mentally Ill Chronic Substance Abuse Victims of Domestic Violence Unaccompanied Youth Geographic Areas Affected Citywide Associated Goals Goal 2: Supporting Vulnerable Populations Description With a growing unhoused population, a need for more emergency shelter space and transitional housing options were identified as significant needs through the data analysis for this plan and community engagement findings. Basis for Relative Priority Stakeholders who serve unhoused residents described a significant need for more emergency shelter and transitional housing capacity in Bozeman. Over 6 in 10 survey respondents (n=593) identified unhoused residents as a population group with the greatest challenges finding and keeping housing. 5 Priority Need Name Community Services Priority Level High Population Extremely Low Low Chronic Homelessness Individuals Persons with Disabilities Families with Children Mentally Ill Chronic Substance Abuse Veterans Persons with HIV/AIDS Victims of Domestic Violence Unaccompanied Youth Geographic Areas Affected Citywide Associated Goals Goal 3: Critical Community Services 366 Consolidated Plan BOZEMAN 105 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Several community services were identified as significant needs through the data analysis and community engagement findings. Basis for Relative Priority Residents and stakeholders identified several community services that they would like to see increased access to, including but not limited to, mental health services, chemical dependency services, and affordable and available childcare. Nearly two-thirds of survey respondents (n=615) identified affordable childcare as the greatest unmet community development need in Bozeman, while 50% of respondents (n=477) identified mental health services as a significant need. Over a third of survey respondents (37%, n=353) wanted to see more supportive services for vulnerable populations. Table 46 – Priority Needs Summary Narrative (Optional) 367 Consolidated Plan BOZEMAN 106 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-30 Influence of Market Conditions – 91.215 (b) Influence of Market Conditions The City’s Consolidated Plan goals provide flexibility for the City of Bozeman to implement the most effective strategies to address housing and other community needs. The City understands and recognizes that these needs can change with economic and housing market conditions. The table below succinctly summarizes the City’s anticipated response to market conditions that will influence the use of its entitlement funds. Affordable Housing Type Market Characteristics that will influence the use of funds available for housing type Tenant Based Rental Assistance (TBRA) n/a. TBRA for Non-Homeless Special Needs n/a. New Unit Production Ongoing gap between need and housing supply. Rehabilitation Low-income owners and renters living in housing in poor condition and inability of these households to access credit and make repairs. Acquisition, including preservation Opportunity to acquire properties at prices needed to facilitate preservation and affordability. Table 47 – Influence of Market Conditions 368 Consolidated Plan BOZEMAN 107 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) Introduction The Office of Community Planning and Development at the U.S. Department of Housing and Urban Development (HUD) allocates entitlement funds to the City of Bozeman Economic Development Department, which administers the CDBG program. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG Public Federal Housing Homeless Support Public Services Planning and Administration $325,859 n/a n/a $325,859 $1,303,436 Expected Amount Available for remainder of Con Plan is FY2024 allocation times four. Table 48 - Anticipated Resources Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Federal CDBG funds will be paired with the City’s Community Housing Fund to achieve the goals outlined in the Consolidated Plan. The City estimates that $1 million will be available in the Community Housing Fund over the next program year. There are no additional resources. There are no matching requirements. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan. 369 Consolidated Plan BOZEMAN 108 OMB Control No: 2506-0117 (exp. 09/30/2021) Within the city boundaries, publicly owned land suitable for development is incredibly limited. However, the City is actively seeking out and pursuing partnerships with other government agencies, organizations, and local entities to find and develop land suitable for affordable and workforce housing. Discussion 370 Consolidated Plan BOZEMAN 109 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-40 Institutional Delivery Structure – 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Type Role Geographic Area Served City of Bozeman Government CDBG Administrator Citywide The HRDC Non-profit organization CoC/Homelessness District-wide Table 49 - Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System Stakeholders and residents were highly complimentary of the services provided by HRDC and other organizations serving low-income and unhoused residents, particularly Family Promise, Haven, Bridgercare, and Bienvenidos a Gallatin County. In general, stakeholders felt that for the size of the community and the capacity of these organizations, as one stakeholder articulated, “these organizations continue to do more with less.” However, stakeholders did acknowledge that the City and its partners could improve upon their coordination and efficacy at providing services to the City’s high-need populations. Stakeholders felt that the lack of affordable and accessible housing available throughout the community was a significant hindrance in providing services in an efficient and impactful manner. Another issue highlighted by stakeholders was the lack of transitional housing available in Bozeman. One stakeholder shared that to ensure that the supportive services received by residents are actually effective, these residents need to be in safe and secure housing. They added that ideally, transitional housing available in Bozeman are actual homes, and not converted hotel rooms. Stakeholders emphasized the importance of a resident/household to feel genuinely safe and secure in their housing situation to make supportive services as impactful as possible. The City’s Belonging in Bozeman Equity and Inclusion Plan was adopted in December 2023. One of the recommendations coming out of its Health & Wellbeing Goals/Recommendations was Increasing coordination between health agencies to reduce barriers to healthcare services and programs. Strategies to implement this recommendation as articulated in the Plan include: Coordinate across organizations to enable data sharing to better characterize health disparities and social needs in underserved communities. Improve referral and case management processes across health care and social service providers to connect patients/clients with community resources. Availability of services targeted to homeless persons and persons with HIV and mainstream services 371 Consolidated Plan BOZEMAN 110 OMB Control No: 2506-0117 (exp. 09/30/2021) Homelessness Prevention Services Available in the Community Targeted to Homeless Targeted to People with HIV Homelessness Prevention Services Counseling/Advocacy X X X Legal Assistance X X Mortgage Assistance X Rental Assistance X X Utilities Assistance X X Street Outreach Services Law Enforcement X Mobile Clinics Other Street Outreach Services X X Supportive Services Alcohol & Drug Abuse X X X Child Care X X Education X X Employment and Employment Training X X Healthcare X X X HIV/AIDS X Life Skills X Mental Health Counseling X X X Transportation X X Other Other Table 50 - Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) The HRDC provides a range of services to a wide variety of residents, including unhoused residents, residents experiencing emergency needs, families in need of ongoing housing assistance, and others. At the end of 2023, HRDC opened Market Place, which opened to ensure that no one in the Bozeman community goes hungry. The Market Place includes a warehouse for emergency food storage, a grocery area, a pay-what-you-can restaurant, space for enrichment and educational opportunities, and access to several homelessness prevention and supportive services. In addition to Market Place, HRDC will open Homeward Point in 2025, Bozeman’s first and only year-round emergency shelter and resource hub to integrate services is intended to make homelessness rare, brief, and one-time. Several other organizations, such as Family Promise, Haven, and the VA, provide a range of housing and/or services to specific unhoused and low-income populations. 372 Consolidated Plan BOZEMAN 111 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above Montana 2-1-1 website provides a comprehensive list of services that are part of the community-wide effort to connect people at imminent risk of homelessness with help. Services available in the community include at-risk/homeless housing-related assistance programs, homeless prevention and diversion programs, healthcare-focused programs, and other specialized services. Another common issue highlighted by stakeholders in Bozeman’s existing delivery system was the lack of mental health services available in the city, with one stakeholder sharing that these services “are non- existent right now.” Other services lacking in the city’s service delivery system include substance use/chemical dependency services. Stakeholders that serve unhoused residents in the Bozeman area described the lack of transitional housing as one of the most critical housing needs in the city. One stakeholder described that while the city’s shelter capacity has increased, the supply of transitional housing is lagging significantly behind demand. They added that a consequence of having limited transitional housing is that for residents who might be ready to move on from the shelter into transitional housing, they have no options available to them so they usually end up back on the street. Stakeholders felt that the lack of transitional housing options, as well as the lack of housing in general, makes the city’s service delivery system less effective. Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs The City benefits from a strong network of housing and community development partners. Stakeholders described the lack of funding as a significant barrier to overcoming the gaps in the community’s service delivery system. Nonetheless, while several stakeholders acknowledged that an influx of funding would not fix all of the gaps, they did advocate for more coordination among service providers to ensure that efficiency and efficacy of services is maximized while duplication of services is reduced. 373 Consolidated Plan BOZEMAN 112 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-45 Goals Summary – 91.215(a)(4) The following table reflects staff recommendations on funding allocation by goal. Final amount will be determined in collaboration with City Commission. Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Increasing and Preserving Housing Options 2025 2029 Affordable Housing Citywide Affordable rental housing Affordable homeownership opportunities Accessible housing $646,355 Rental units constructed: 50 Household Housing Unit Homeowner Housing Rehabilitated: 5 Household Housing Unit Housing for Homeless added: 10 Household Housing Unit 2 Supporting Vulnerable Populations 2025 2029 Homeless Citywide Emergency shelter and transitional housing $412,687 Homeless Person Overnight Shelter: 125 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 30 Beds 3 Critical Community Services 2025 2029 Public Services Citywide Community Services $244,394 Public service activities other than Low/Moderate Income Housing Benefit: 500 Persons Assisted 4 Planning and Administration 2025 2029 Planning and Administration Citywide Planning and Administration $325,859 Other: 0 Other Table 51 – Goals Summary Goal Descriptions 374 Consolidated Plan BOZEMAN 113 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Name Goal Description Increasing and Preserving Housing Options Increase, protect and preserve affordable rental and homeownership housing opportunities by improving access to a diverse set of affordable housing, including but not limited to, naturally occurring affordable housing (NOAH), supportive housing for seniors and residents living with disabilities, and accessible housing. Supporting Vulnerable Populations Improve housing stability for individuals and households with critical needs, including persons experiencing or at- risk of homelessness by providing appropriate housing and service solutions grounded in Housing First approaches, including but not limited to, emergency shelter, transitional housing, and other supportive services. Critical Community Services Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, mental health services, chemical dependency services, and affordable and available childcare. Planning and Administration Support the implementation of the three goals articulated above. Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2) The City of Bozeman estimates that through the implementation of the above goals, will serve roughly 100 extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing, shelter, and/or services. 375 Consolidated Plan BOZEMAN 114 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-50 Public Housing Accessibility and Involvement – 91.215(c) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) n/a. Activities to Increase Resident Involvements n/a. Is the public housing agency designated as troubled under 24 CFR part 902? n/a. Plan to remove the ‘troubled’ designation n/a. 376 Consolidated Plan BOZEMAN 115 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-55 Barriers to affordable housing – 91.215(h) Barriers to Affordable Housing As articulated in the housing market analysis, several barriers to affordable housing development were identified in Bozeman. Barriers identified by stakeholders included the high cost of infrastructure, complex and convoluted development code, high cost and lack of availability of land, cost of labor, short construction season, overly restrictive private covenants, redevelopment pressures on manufactured housing stock, and community pushback. Additionally, stakeholders highlighted the State’s removal of a jurisdiction’s regulatory authority to allow inclusionary zoning as another barrier. Strategy to Remove or Ameliorate the Barriers to Affordable Housing While some of the barriers highlighted above cannot be addressed by the City of Bozeman, the City has implemented several efforts to address the lack of affordable housing in the community. Following the 2019 Community Housing Needs Assessment, the City developed the 2020 Bozeman Community Housing Action Plan to focus the community housing partnership framework and increase the ability to meet community housing needs in Bozeman. The City identified 17 strategies to implement over the next five years: Funding General Funds Tax Increment Financing (TIF) Taxed dedicated to housing Low-Income Housing Tax Credits Preservation Community Land Trust Deed Restricted Housing (permanent) Co-op Housing (mobile home parks) Incentive/Regulation Removal of Regulatory Barriers ADUs Fee Waiver/Deferral Partnership/Land Public/Private/Institutional Partnerships Land Banking Program Homebuyer Assistance Permanent Supportive Housing (PSH) and Transitional Employer Assisted Housing Several of these strategies have and continue to be implemented. In addition to its existing community housing inventory of over 1,200 affordable rentals and close to 200 affordable homeownership units, as of January 2024, there are an additional 1,241 community housing affordable units in the project pipeline. 377 Consolidated Plan BOZEMAN 116 OMB Control No: 2506-0117 (exp. 09/30/2021) Additionally, while the City’s effort to update the Unified Development Code is currently paused, the effort will aim to: Ensure consistency with the Growth Plan and other adopted policy documents; Modernize and improve the organization, usability, and user-friendliness of the code; Provide for a wide range of housing types to meet an expanded range of housing needs; Improve the built environment and provide new and improved development standards; and Ensure compliance with recent state land use legislative changes. The City of Bozeman leverages a variety of programs, public and private, to fill the large financial gaps in affordable housing projects due to the escalating costs of land, labor, lumber and lending. The tools currently at the City’s disposal include the Community Housing Fund, a yearly general fund allocation, Urban Renewal funds when a project is located within an Urban Renewal District, 4% or 9% Low Income Housing Tax Credits when available, and when awarded by the State of Montana, and the Gallatin Housing Impact Fund, a $10M privately raised low-interest revolving loan fund. Occasionally, there is overlap between the geographically constrained URD and LIHTC boundaries where the City can pair and sometimes triple the incentive to lower the AMI and increase long term affordability. The City will also look for opportunities to support and defend local housing solutions at the state legislature and Identify and pursue local and state revenue streams for the creation of affordable housing and housing assistance programs, including dedicated mills to affordable housing projects and preserving the ability to use Tax Increment Financing as a tool for affordable housing The City of Bozeman will continue to implement the strategies above and will look to leverage other opportunities and partnerships that help reduce barriers to affordable housing development in the city. 378 Consolidated Plan BOZEMAN 117 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-60 Homelessness Strategy – 91.215(d) The City of Bozeman adopted its Belonging in Bozeman Equity & Inclusion Plan in December 2023 to ensure that all residents, visitors, and City employees can thrive regardless of their race, identity, or life circumstance. The Plan builds upon the City’s 2021 Equity Indicators Report and was put together through a collective partnership of the entire Bozeman community, including nonprofits, businesses, community groups, educational institutions, residents, employees, and visitors alike. This section summarizes the primary contents of that strategy and is organized around actions to address the needs of residents experiencing homelessness, helping individuals and families experiencing homelessness make the transition to permanent housing, and prevent homelessness. Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The development of the City’s Belonging in Bozeman Equity & Inclusion Plan emphasized removing participation barriers and fostering diverse pathways for input to ensure that the Plan was grounded in shared experiences and supported by data and community engagement findings. The Plan acknowledges that residents with lived experiences should be valued and integrated into goals and recommendations that address homelessness in the community. To that end, the first goal of the Equity and Inclusion Plan’s Housing recommendations is Develop a coordinated strategy to address homelessness in the Bozeman area. This goal’s first strategy is to “Identify and prioritize Housing First approaches to address housing instability and homelessness.” According to the National Low Income Housing Coalition (NLIHC), under the Housing First model, “homeless service providers must design programs that address the unique, individualized needs and interests of each person who is being served, rather than imposing a one-size-fits-all design that denies or disqualifies people from receiving the assistance they need.”8 Addressing the emergency and transitional housing needs of homeless persons Additionally, the City’s Equity and Inclusion Plan first Housing Goal includes a recommendation to address the emergency and transitional housing needs of Bozeman residents experiencing homelessness. Specifically, the recommendation states, “Support partner organizations by funding transitional and emergency housing initiatives and programs.” The City is currently addressing this need through a competitive grant award process (using City general resources) that funds the work of non- profits that provide social services not covered by the City. This effort aligns with Goal 2 of this Consolidated Plan. Additionally, several stakeholders consulted for the development of this plan identified transitional housing as one of the most critical housing needs for unhoused residents in Bozeman. 8 National Low Income Housing Coalition, Key Facts about Housing First, February 2023 379 Consolidated Plan BOZEMAN 118 OMB Control No: 2506-0117 (exp. 09/30/2021) Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. One of the primary goals of the HRDC is to assist unhoused residents access safe and secure housing and to ensure that being unhoused in Bozeman is rare, brief, and one-time. The organization’s housing services include providing emergency shelter and transitional housing, assisting residents find affordable rentals and access assistance, and providing homeownership assistance with education, counseling, and other resources. Recently, HRDC opened Market Place, which includes a warehouse for emergency food storage, a commercial kitchen, a grocery area, a pay-what-you-can restaurant, and space for enrichment activities. Additionally, the Market Place acts as a “one-stop-shop” hub of services to ensure that residents experiencing homelessness can meet all of their needs in one place. The Market Place also includes several housing resources, including: Emergency assistance; Financial coaching and education; Support to file taxes; Utility assistance programs; Home weatherization assistance; Transitional housing support for youth; Home rental search and assistance; Homeowner assistance; and Transitional housing support. Additionally, in 2025, HRDC is opening Homeward Point, a new year-round shelter to address the needs of Bozeman’s unhoused community, right next door to the Market Place. The proximity of this shelter and availability of services will make it easier to help unhoused residents transition to permanent housing, find affordable housing units, and ensure that once these households find housing, they are stable and secure in their situation. Help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs As highlighted above, HRDC’s Market Place provides a variety of services to all residents in Bozeman who are either unhoused or are at-risk of experiencing homelessness. In addition to the services described above, other housing resources and services available to residents likely to become homeless after being discharged from a publicly funded institution or system of care, as well as residents receiving assistance from public and private agencies, include: 380 Consolidated Plan BOZEMAN 119 OMB Control No: 2506-0117 (exp. 09/30/2021) Monthly grocery program for seniors; Youth employment support; Foster youth support; Medicare counseling; At home assistance for older adults; and Care coordination for older adults. The City’s Belonging in Bozeman Equity & Inclusion Plan includes other recommendations to ensure that low-income individuals and families, as well as residents receiving assistance from public and private agencies, find safe, secure, and affordable housing. One of the recommendations under the City’s goal of developing a coordinated strategy to address homelessness in the area is “Working with partners to leverage creative funding mechanisms, incentives, existing assets to increase long-term affordable housing supply and housing preservation for people earning below 60% AMI.” This recommendation aims to increase the supply of housing that is available to low-income residents in Bozeman, as well as residents who are currently in need of housing and other service assistance. Other goals articulated in the City’s Equity & Inclusion Plan aimed at assisting this population include: Promote aging in place and universally accessible residential development; Support and defend local housing solutions at the state legislature; Support continuing education for health professionals on working with underserved communities; Increase coordination between health agencies to reduce barriers to healthcare services and programs; Increase wrap-around support and resources available to students experiencing homelessness; Support and recognize inclusive businesses and employers; Support the growing Hispanic + Latino workforce to our economy and community; Increase knowledge and use of resources for underserved communities; and Prioritize food access for low-income communities. 381 Consolidated Plan BOZEMAN 120 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-65 Lead based paint Hazards – 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards As discussed in MA-20 Housing Market Analysis: Condition of Housing, there is a correlation between low- to moderate-income households and lead-based paint (LBP) hazards. As such, the City will plan to develop policies and procedures to address lead-based paint hazards in housing built before 1978 that are compliant with regulations regarding the use of Community Development Block Grant (CDBG) funding during this upcoming program year. How are the actions listed above related to the extent of lead poisoning and hazards? Lead-based paint (LBP) was prohibited in residential properties starting in 1978. In Bozeman, 33% of the housing stock was built before 1980. Assuming an equal distribution of Bozeman’s low- to moderate- income households, then 50% of the 7,382 housing units built before 1980, or 3,691, would be low or moderate-income households possibly at risk of LBP hazards. As such, the City’s development of policies and procedures related to lead-based paint hazards will include guidance on lead-based paint screenings, mitigation actions, when necessary, and information for homeowners and tenants regarding the hazards of lead-based paint and actions that will help reduce the likelihood of lead poisoning events. How are the actions listed above integrated into housing policies and procedures? The City will ensure that all CDBG contracts entered into between the City and Subrecipients of CDBG funding will include language that stipulates that Subrecipients must comply with lead-based paint regulations and policies as established by the City, State of Montana, and other applicable Federal laws and regulations, including specific policies related to lead-based pain in the CDBG program. 382 Consolidated Plan BOZEMAN 121 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-70 Anti-Poverty Strategy – 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan Several of the goals and objectives articulated in the City of Bozeman’s 2023 Economic Development Strategy address reducing poverty in the community including: Provide Opportunity for Gallatin Valley Residents Enhance the small business development ecosystem; Provide comprehensive and coordinated skills development starting with child care through middle school and higher-ed; and Improve access to career opportunities for local and surrounding rural residents. Support a Diverse Economy Enhance development of the talent pipeline. Build a More Resilient Region Increase amount and access of housing for all. Additionally, the City’s Belonging in Bozeman Equity and Inclusion Plan has several goals related to addressing poverty in the community, which are also coordinated with the goals articulated in this Consolidated Plan. The Belonging in Bozeman Plan goals include: Housing Goals Develop a coordinated strategy to address homelessness in the Bozeman area. Reduce displacement of residents who work and go to school in Bozeman but cannot afford to live in Bozeman. Promote aging-in-place and universally accessible residential development. Health & Wellbeing Goals Support continuing education for health professionals on working with underserved communities. Increased coordination between health agencies to reduce barriers to healthcare services and programs. Expand meaningful language access in clinical settings and in health promotion programs. Education Expand opportunities for multilingual learners of all ages. 383 Consolidated Plan BOZEMAN 122 OMB Control No: 2506-0117 (exp. 09/30/2021) Increase recruitment and resources to support higher education for underserved communities. Increase wrap-around support and resources available to students experiencing homelessness. Childcare & Youth Reduce barriers to out-of-school opportunities and programs for underserved children. Increase capacity of after-school and summer programs. Increase subsidy for childcare programs and providers. Recruit, develop, and retain quality staff. Economic Security Serve as a model for fostering fair and inclusive work environments. Expand access to city contracts and funding for local firms, businesses, and vendors. Support the growing Hispanic and Latino workforce to our economy and community. Community Resiliency Increase knowledge and use of resources for underserved communities. Alleviate utility cost burden for low-income residents. Prioritize food access for low-income communities. 384 Consolidated Plan BOZEMAN 123 OMB Control No: 2506-0117 (exp. 09/30/2021) SP-80 Monitoring – 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Bozeman is responsible for ensuring that all regulations and requirements governing the administrative, financial, and programmatic operations of the CBDG program are followed. This includes ensuring that performance goals are achieved within the scheduled timeframe and budget, as well as ensuring that the City and/or Subrecipient of the City’s CDBG funding are taking appropriate actions when performance problems arise. If the City decides to allocate its entitlement funding to Subrecipients, monitoring of the Subrecipient continues over the course of the project. Monitoring Plan Because this is the City’s first Consolidated Plan, a Subrecipient Monitoring Plan has not been created. However, the City will utilize HUD’s Managing CDBG: A Guidebook for Grantees on Subrecipient Oversight and will develop a Monitoring Plan over the next program year. Specifically, the City’s Monitoring Plan will include: A statement about the importance of Subrecipient monitoring; Regulatory requirements related to Uniform Administrative Requirements, Cost Principles, Audit Requirements for Federal Awards, and grant administration responsibilities related to the Community Development Block Grant (CDBG) program; The City’s Risk Analysis assessment and process to determine a Subrecipient’s technical assistance needs, how often Subrecipients should be monitored, and how the City’s monitoring of Subrecipients will be structured; Development of a monitoring strategy, which might include remote review of Subrecipient documents, pre-monitoring, and formal monitoring visits; Establishment of a monitoring schedule; Creation of a monitoring checklist and workbook; A list of monitoring questions to help determine whether Subrecipients are complying with federal requirements. How to conduct a monitoring; and How to notify a Subrecipient about concerns and findings, corrective actions, and sanctions; and How to address any findings of noncompliance. The City will also plan to include a list of monitoring resources to ensure City staff have the knowledge and information needed to conduct monitoring of Subrecipients in an efficient and thorough manner. The City will work with its local HUD office to ensure its Monitoring Plan includes all necessary information and applicable federal regulations and requirements. The City will also ensure that its 385 Consolidated Plan BOZEMAN 124 OMB Control No: 2506-0117 (exp. 09/30/2021) Monitoring Plan includes information related to outreach to minority businesses and organizations, as well as compliance with comprehensive planning requirements. 386 Consolidated Plan BOZEMAN 125 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction HUD’s FY24 CPD Formula Program Allocations has the City of Bozeman receiving $325,859 in CDBG funding. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG Public Federal Housing Homeless Support Public Services Planning and Administration $325,859 n/a n/a $325,859 $1,303,436 Expected Amount Available for remainder of Con Plan is FY2024 allocation times four. Table 52 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Federal CDBG funds will be paired with the City’s Community Housing Fund to achieve the goals outlined in the Consolidated Plan. The City estimates that $1 million will be available in the Community Housing Fund over the next program year. There are no additional resources. There are no matching requirements. 387 Consolidated Plan BOZEMAN 126 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan. Within city boundaries, publicly owned land suitable for development is incredibly limited. However, the City is actively seeking out and pursuing partnerships with other government agencies, organizations, and local entities to find and develop land suitable for affordable and workforce housing. Discussion 388 Consolidated Plan BOZEMAN 127 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives The following table reflects staff recommendations on funding allocation by goal. Final amounts will be determined in collaboration with City Commission. Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Increasing and Preserving Housing Options 2025 2029 Affordable Housing Citywide Affordable rental housing Affordable homeownership opportunities Accessible housing $0 Other: 0 Other 2 Supporting Vulnerable Populations 2025 2029 Homeless Citywide Emergency shelter and transitional housing $212,687 Homeless Person Overnight Shelter: 75 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 30 Beds 3 Critical Community Services 2025 2029 Public Services Citywide Community Services $48,000 Public service activities other than Low/Moderate Income Housing Benefit: 100 Persons Assisted 4 Planning and Administration 2025 2029 Planning and Administration Citywide Planning and Administration $65,172 Other: 0 Other Table 53 – Goals Summary Goal Descriptions The five-year goals established to address housing and community development needs in Bozeman are described in the table below. 389 Consolidated Plan BOZEMAN 128 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Name Goal Description Increasing and Preserving Housing Options Increase, protect and preserve affordable rental and homeownership housing opportunities by improving access to a diverse set of affordable housing, including but not limited to, naturally occurring affordable housing (NOAH), supportive housing for seniors and residents living with disabilities, and accessible housing. Supporting Vulnerable Populations Improve housing stability for individuals and households with critical needs, including persons experiencing or at-risk of homelessness by providing appropriate housing and service solutions grounded in Housing First approaches, including but not limited to, emergency shelter, transitional housing, and other supportive services. Critical Community Services Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, mental health services, chemical dependency services, and affordable and available childcare. Planning and Administration Support the implementation of the three goals articulated above. 390 Consolidated Plan BOZEMAN 129 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction Based on the Consolidated Plan goals described above, the table below describes the projects that will be funded in Program Year (PY) 2024-2025. Projects # Project Name 1 Emergency and transitional housing 2 Public services Table 54 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs. These priorities meet an increasing need in the Bozeman community by addressing the most acute housing needs through the additional of transitional and emergency housing, the cost-effective preservation of naturally occurring ah and supportive housing for underserved seniors and people with disabilities. Housing has been an issue for Bozeman residents for many years; concern has increased as costs have skyrocketed following the COVID-19 pandemic. This is well-documented across several existing reports. The 2019 Bozeman Community Housing Needs Assessment revealed that prior to the pandemic, housing costs were already becoming unmanageable – the percentage of households paying over 30% of their income for rent plus utilities was 55%. Bozeman’s 2021 Equity Indicators Project found housing access to affordable housing was the top need identified by survey takers (69% reported “large need”). The most recent 2023 Gallatin Valley Housing Report confirms that the post-COVID real estate price surge has been staggering: “the median price of a newly built single-family home in 2022 was $950,000, nearly double the amount recoded in 2019.” These priorities take steps to ensure equitable and inclusive housing is a reality in Bozeman by focusing strategically on homelessness, displacement, aging-in-place and universal building accessibility, increasing community knowledge, and lobbying for local solutions at the state level, so that Bozeman residents of all ages, abilities, and income levels can feel confident and secure in calling Bozeman their home. 391 Consolidated Plan BOZEMAN 130 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit Emergency and transitional housing City- wide Goal 2: Supporting Vulnerable Populations Priority Need 4. Emergency Shelter and Transitional Housing $212,687 Improve housing stability for individuals and households with critical needs, including persons experiencing or at-risk of homelessness by providing appropriate housing and service solutions grounded in Housing First approaches, including but not limited to, emergency shelter, transitional housing, and other supportive services. 2024 75 people experiencing and/or at risk of homelessness Public Services City- wide Goal 3: Critical Community Services Priority Need 5. Community Services $48,000 Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, mental health services, chemical dependency services, and affordable and available childcare. 2024 100 low- and moderate- income residents Admin City- wide All goals supported All priorities supported $65,172 Planning and administration of CDBG funds 2024 n/a 392 Consolidated Plan BOZEMAN 131 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Bozeman will not distribute funds geographically. Geographic Distribution Target Area Percentage of Funds Citywide 100% Table 55 - Geographic Distribution Rationale for the priorities for allocating investments geographically n/a. Discussion n/a. 393 Consolidated Plan BOZEMAN 132 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction One Year Goals for the Number of Households to be Supported Homeless 75 Non-Homeless 100 Special-Needs Total 175 Table 56 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance The Production of New Units Rehab of Existing Units Acquisition of Existing Units Total Table 57 - One Year Goals for Affordable Housing by Support Type Discussion 394 Consolidated Plan BOZEMAN 133 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction There are no public housing units in the city of Bozeman. Actions planned during the next year to address the needs to public housing n/a. Actions to encourage public housing residents to become more involved in management and participate in homeownership n/a. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance n/a. Discussion n/a. 395 Consolidated Plan BOZEMAN 134 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including As highlighted in the City’s Strategic Plan, the City of Bozeman’s Equity and Inclusion recommends that the City develop a coordinated strategy to address homelessness in the Bozeman area in partnership with HRDC and the One Valley Regional Housing Coalition. The Coalition is made up of a government leaders, housing developers, banks, realtors, and other employers to help inform community members about housing issues, coordinate diverse partners and resources, and catalyze solutions to address housing stability and attainability in Gallatin County. The City will look to leverage and maximize its entitlement funding with other local and state resources to address the housing and services needs of unhoused Bozeman residents, as articulated in Goal 2 of this Plan. Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs As highlighted in the City’s Strategic Plan, the first goal of the Equity and Inclusion Plan’s Housing recommendations is “Develop a coordinated strategy to address homelessness in the Bozeman area.” This goal’s first strategy is to “Identify and prioritize Housing First approaches to address housing instability and homelessness.” The City will continue to work collaboratively with its local community partners to provide funding and other resources to support reaching out to residents experiencing homelessness to not only help assess their own unique individual needs, but to work toward developing a strategy to address homelessness in Bozeman that is built upon the lived experience of unhoused residents in the community. Addressing the emergency shelter and transitional housing needs of homeless persons The City’s Equity and Inclusion Plan first Housing Goal includes a recommendation to address the emergency and transitional housing needs of Bozeman residents experiencing homelessness. Specifically, the recommendation states, “Support partner organizations by funding transitional and emergency housing initiatives and programs.” The City is currently addressing this need through a competitive grant award process (using City general resources) that funds the work of non-profits that provide social services not covered by the City. This effort aligns with Goal 2 of this Consolidated Plan. Additionally, several stakeholders consulted for the development of this plan identified transitional housing as one of the most critical housing needs for unhoused residents in Bozeman. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were 396 Consolidated Plan BOZEMAN 135 OMB Control No: 2506-0117 (exp. 09/30/2021) recently homeless from becoming homeless again One of the primary goals of the HRDC is to assist unhoused residents access safe and secure housing and to ensure that being unhoused in Bozeman is rare, brief, and one-time. The organization’s housing services include providing emergency shelter and transitional housing, assisting residents find affordable rentals and access assistance, and providing homeownership assistance with education, counseling, and other resources. Recently, HRDC opened Market Place, which includes a warehouse for emergency food storage, a commercial kitchen, a grocery area, a pay-what-you-can restaurant, and space for enrichment activities. Additionally, the Market Place acts as a “one-stop-shop” hub of services to ensure that residents experiencing homelessness can meet all of their needs in one place. The Market Place also includes several housing resources, including: Emergency assistance; Financial coaching and education; Support to file taxes; Utility assistance programs; Home weatherization assistance; Transitional housing support for youth; Home rental search and assistance; Homeowner assistance; and Transitional housing support. Additionally, in 2025, HRDC is opening Homeward Point, a new year-round shelter to address the needs of Bozeman’s unhoused community, right next door to the Market Place. The proximity of this shelter and availability of services will make it easier to help unhoused residents transition to permanent housing, find affordable housing units, and ensure that once these households find housing, they are stable and secure in their situation. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs As highlighted above, HRDC’s Market Place provides a variety of services to all residents in Bozeman who are either unhoused or are at-risk of experiencing homelessness. In addition to the services described above, other housing resources and services available to residents likely to become homeless after being discharged from a publicly funded institution or system of care, as well as residents receiving assistance from public and private agencies, include: Monthly grocery program for seniors; Youth employment support; Foster youth support; Medicare counseling; At home assistance for older adults; and Care coordination for older adults. 397 Consolidated Plan BOZEMAN 136 OMB Control No: 2506-0117 (exp. 09/30/2021) The City’s Belonging in Bozeman Equity & Inclusion Plan includes other recommendations to ensure that low-income individuals and families, as well as residents receiving assistance from public and private agencies, find safe, secure, and affordable housing. One of the recommendations under the City’s goal of developing a coordinated strategy to address homelessness in the area is “Working with partners to leverage creative funding mechanisms, incentives, existing assets to increase long-term affordable housing supply and housing preservation for people earning below 60% AMI.” This recommendation aims to increase the supply of housing that is available to low-income residents in Bozeman, as well as residents who are currently in need of housing and other service assistance. Other goals articulated in the City’s Equity & Inclusion Plan aimed at assisting this population include: Promote aging in place and universally accessible residential development; Support and defend local housing solutions at the state legislature; Support continuing education for health professionals on working with underserved communities; Increase coordination between health agencies to reduce barriers to healthcare services and programs; Increase wrap-around support and resources available to students experiencing homelessness; Support and recognize inclusive businesses and employers; Support the growing Hispanic + Latino workforce to our economy and community; Increase knowledge and use of resources for underserved communities; and Prioritize food access for low-income communities. Discussion 398 Consolidated Plan BOZEMAN 137 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: As articulated in the housing market analysis, several barriers to affordable housing development were identified in Bozeman. Barriers identified by stakeholders included the high cost of infrastructure, complex and convoluted development code, high cost and lack of availability of land, cost of labor, short construction season, restrictive private covenants, and community pushback. Additionally, stakeholders highlighted the State’s removal of a jurisdiction’s regulatory authority to allow inclusionary zoning as another barrier. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment While some of the barriers highlighted above cannot be addressed by the City of Bozeman, the City will continue implementing the strategies articulated in its 2020 Bozeman Community Housing Action Plan. Those strategies are listed below. Funding General Funds Tax Increment Financing (TIF) Taxed dedicated to housing Low-Income Housing Tax Credits Preservation Community Land Trust Deed Restricted Housing (permanent) Co-op Housing (mobile home parks) Incentive/Regulation Removal of Regulatory Barriers ADUs Fee Waiver/Deferral Partnership/Land Public/Private/Institutional Partnerships Land Banking Program Homebuyer Assistance Permanent Supportive Housing (PSH) and Transitional Employer Assisted Housing Several of these strategies have and continue to be implemented. In addition to its existing community housing inventory of over 1,200 affordable rentals and close to 200 affordable homeownership units, as of January 2024, there are an additional 1,241 community housing affordable units in the project pipeline. The City of Bozeman will continue to implement the strategies above and will look to leverage other opportunities and partnerships that help reduce barriers to affordable housing development in the city. 399 Consolidated Plan BOZEMAN 138 OMB Control No: 2506-0117 (exp. 09/30/2021) The City of Bozeman leverages a variety of programs, public and private, to fill the large financial gaps in affordable housing projects due to the escalating costs of land, labor, lumber and lending. The tools currently at the City’s disposal include the Community Housing Fund, a yearly general fund allocation, Urban Renewal funds when a project is located within an Urban Renewal District, 4% or 9% Low Income Housing Tax Credits when available, and when awarded by the State of Montana, and the Gallatin Housing Impact Fund, a $10M privately raised low-interest revolving loan fund. Occasionally, there is overlap between the geographically constrained URD and LIHTC boundaries where the City can pair and sometimes triple the incentive to lower the AMI and increase long term affordability. The City will also look for opportunities to support and defend local housing solutions at the state legislature and Identify and pursue local and state revenue streams for the creation of affordable housing and housing assistance programs, including dedicated mills to affordable housing projects and preserving the ability to use Tax Increment Financing as a tool for affordable housing The City of Bozeman will continue to implement the strategies above and will look to leverage other opportunities and partnerships that help reduce barriers to affordable housing development in the city. The process to develop this plan was grounded in input from community members and partner organizations to define needs, gather data, and chart a path forward. Community engagement efforts on reducing barriers to participation and creating multiple ways for everyone to help establish the vision for the plan, generate goals, and define the specific recommendations to achieve them. Discussion: 400 Consolidated Plan BOZEMAN 139 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Actions planned to address obstacles to meeting underserved needs Actions planned to address obstacles to meeting underserved needs are listed in AP-65. Actions planned to foster and maintain affordable housing Actions planned to foster and maintain affordable housing are listed in Section AP-75. Actions planned to reduce lead-based paint hazards Actions planned to reduce lead-based paint hazards are listed in Section SP-65. Actions planned to reduce the number of poverty-level families Actions planned to reduce the number of poverty-level families are listed in Section SP-70. Actions planned to develop institutional structure Actions planned to develop institutional structure are listed in Section SP-40. Actions planned to enhance coordination between public and private housing and social service agencies Actions planned to enhance coordination between public and private housing and social services agencies are listed in Section SP-40. Discussion: 401 Consolidated Plan BOZEMAN 140 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float-funded activities $0 Total Program Income $0 Other CDBG Requirements 1. The amount of urgent need activities 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0% 100% 402 Consolidated Plan BOZEMAN 141 OMB Control No: 2506-0117 (exp. 09/30/2021) Appendix - Alternate/Local Data Sources 1 Data Source Name American Community Survey List the name of the organization or individual who originated the data set. United States Census Bureau Provide a brief summary of the data set. The United States Census Bureau facilitates an annual survey, the American Community Survey (ACS), that collects detailed demographic information pertaining to social, economic, and housing characteristics of the U.S. population. What was the purpose for developing this data set? The ACS is an ongoing survey that provides vital information on a yearly basis about the nation and its people. Information from the survey generates data that help inform how trillions of dollars in federal funds are distributed each year. Provide the year (and optionally month, or month and day) for when the data was collected. 2018-2022 5-year estimates Briefly describe the methodology for the data collection. The Census Bureau mails letters to inform people living at an address that they have been selected to participate in the ACS and to provide instructions for completing the survey online. Households are asked to complete the survey online or to mail the completed paper questionnaire back to the Census Bureau’s National Processing Center. If the Census Bureau does not receive a completed survey within a few weeks, it will mail an additional paper survey questionnaire. Following all mail contacts, a sample is taken from the addresses that have not responded online, by mail, or for those addresses with post office box mail delivery. These addresses are visited by Census Bureau field representatives, who will conduct the interview in person. A sample of people living in group quarters facilities, such as college dormitories, nursing homes, and prisons, are also interviewed in person to ensure coverage of everyone in the country. Describe the total population from which the sample was taken. The Census Bureau selects a random sample of addresses to be included in the ACS. Each address has about a 1-in-480 chance of being selected in a month, and no address should be selected more than once every 5 years. The Census Bureau mails questionnaires to approximately 295,000 addresses a month across the United States. 403 Consolidated Plan BOZEMAN 142 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed. The sample is designed to ensure good geographic coverage and does not target individuals. By focusing on quality geographic coverage, the ACS can produce a good picture of the community’s people and housing by surveying a representative sample of the population. 2 Data Source Name Comprehensive Housing Affordability Strategy (CHAS) List the name of the organization or individual who originated the data set. United States Department of Housing and Urban Development (HUD) Provide a brief summary of the data set. HUD receives custom tabulations of American Community Survey (ACS) data from the U.S. Census Bureau, know as CHAS data. These data demonstrate the extent of housing problems and housing needs, particularly for low income households. What was the purpose for developing this data set? The CHAS data are used by local governments to plan how to spend HUD funds, and may also be used by HUD to distribute grant funds. Provide the year (and optionally month, or month and day) for when the data was collected. 2016-2020 Briefly describe the methodology for the data collection. The Census Bureau mails letters to inform people living at an address that they have been selected to participate in the ACS and to provide instructions for completing the survey online. Households are asked to complete the survey online or to mail the completed paper questionnaire back to the Census Bureau’s National Processing Center. If the Census Bureau does not receive a completed survey within a few weeks, it will mail an additional paper survey questionnaire. Following all mail contacts, a sample is taken from the addresses that have not responded online, by mail, or for those addresses with post office box mail delivery. These addresses are visited by Census Bureau field representatives, who will conduct the interview in person. A sample of people living in group quarters facilities, such as college dormitories, nursing homes, and prisons, are also interviewed in person to ensure coverage of everyone in the country. Describe the total population from which the sample was taken. The Census Bureau selects a random sample of addresses to be included in the ACS. Each address has about a 1-in-480 chance of being selected in a month, and no address should be selected more than once every 5 years. The Census Bureau mails questionnaires to approximately 295,000 addresses a month across the United States. 404 Consolidated Plan BOZEMAN 143 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed. The primary purpose of the CHAS data is to demonstrate the number of households in need of housing assistance. This is estimated by the number of households that have certain housing problems and have income low enough to qualify for HUD’s programs (primarily 30, 50, and 80% of median income). Data are also available by different types of households, such as the elderly, disabled, minorities, and other household types. 3 Data Source Name Point-in-Time (PIT) Count List the name of the organization or individual who originated the data set. Montana CoC/HRDC Provide a brief summary of the data set. The Point-in-Time (PIT) Count is an annual count of sheltered and unsheltered people experiencing homelessness on a single night in January. What was the purpose for developing this data set? The Point-in-Time (PIT) Count is meant to serve as a snapshot of homelessness in a community. These data help to establish the dimensions of the problem of homelessness and help policymakers and program administrators track progress toward the goal of ending homelessness. Provide the year (and optionally month, or month and day) for when the data was collected. 2024 Briefly describe the methodology for the data collection. The methodology that CoCs select to conduct their sheltered and unsheltered count is influenced by the CoCs’ geographic and demographic characteristics, as well as their resources and capacity. HUD allows CoCs to use multiple approaches to complete their count, including a census approach, sample, or a combination of census and sampling approaches. Describe the total population from which the sample was taken. HUD requires CoCs to collect reliable data on the total number and characteristics of all people (i.e., sheltered and unsheltered) residing in the CoCs’ geographic area who are homeless on a single night and report these data to HUD. CoCs often do not have complete data on everyone who is homeless and so must estimate some data. Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed. 409 residents were identified during the PIT Count. 4 Data Source Name National Intimate Partner and Sexual Violence Survey 405 Consolidated Plan BOZEMAN 144 OMB Control No: 2506-0117 (exp. 09/30/2021) List the name of the organization or individual who originated the data set. Centers for Disease Control and Prevention (CDC), Department of Justice (DOJ), Bureau of Justice Statistics (BJS), and the National Sexual Violence Resource Center Provide a brief summary of the data set. This data is compiled from an ongoing survey that collects the most current and comprehensive national- and state-level data on intimate partner violence, sexual violence and stalking victimization in the United States. What was the purpose for developing this data set? CDC developed NISVS to collect data on these important public health problems and enhance violence prevention efforts. Provide the year (and optionally month, or month and day) for when the data was collected. 2016-2017 Briefly describe the methodology for the data collection. NISVS is an ongoing national random-digit-dial (RDD) telephone survey of women and men in the United States that began in 2010. Describe the total population from which the sample was taken. NISVS samples noninstitutionalized English- or Spanish-speaking persons 18 years and older and uses a dual-frame strategy that includes landlines and cell phones. It is conducted in all 50 states and the District of Columbia. Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed. The estimates in this data are based on completed interviews (n=27,571). Information collected in this survey includes lifetime and 12-moth prevalence of intimate partner violence, sexual violence, and stalking; who is victimized by these forms of violence; characteristics of the violence; impact of the violence victimization; and health conditions associated with these forms of victimization. Demographic data collected includes sex, age, race/ethnicity, education status, marital status, and household income. 5 Data Source Name Fair Market Rents (40th Percentile Rents) List the name of the organization or individual who originated the data set. HUD Office of Policy Development & Research (PD&R) 406 Consolidated Plan BOZEMAN 145 OMB Control No: 2506-0117 (exp. 09/30/2021) Provide a brief summary of the data set. Fair Market Rents (FMRs) are estimates of rent plus the cost of utilities, except telephone. FMRs are used to determine payment standard amounts for the Housing Choice Voucher program, initial renewal rents for some expiring project-based Section 8 contracts, initial rents for housing assistance payment (HAP) contracts in the Moderate Rehabilitation Single Room Occupancy program (Mod Rehab), rent ceilings for rental units in both the HOME Investment Partnerships program and the Emergency Solutions Grants program, maximum award amounts for Continuum of Care recipients and the maximum amount of rent a recipient may pay for property leased with Continuum of Care funds, and flat rents in Public Housing units. What was the purpose for developing this data set? As described above, FMRs are used to determine annual payment standards for several different HUD programs. Provide the year (and optionally month, or month and day) for when the data was collected. HUD annually estimates FMRs for Office of Management and Budget (OMB) defined metropolitan areas, some HUD defined subdivisions of OMB metropolitan areas, and each nonmetropolitan county. Briefly describe the methodology for the data collection. HUD uses a variety of data to develop base-year FMR estimates, including ACS data, locally collected survey data acquired through Address-Based Mail surveys or Random Digit Dialing (RDD) telephone survey data, and other statistically valid information presented to HUD during the public comment and review period. Additionally, base-year recent moved adjusted FMRs are updated and trended to the midpoint of the program year they are to be effective using Consumer Price Index (CPI) data for rents and utilities. Describe the total population from which the sample was taken. FMR are established for metropolitan areas and nonmetropolitan counties. With several exceptions, the most current Office of Management and Budget (OMB) metropolitan area definitions of Metropolitan Statistical Areas (MSAs) are used because of their generally close correspondence with housing market area definitions. Small Area FMR areas are the U.S. Postal Service Zip code areas within a designated metropolitan area. Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed. Fair Market Rents are estimates of 40th percentile gross rents for quality units within a metropolitan area or nonmetropolitan county. 6 Data Source Name HOME Rents List the name of the organization or individual who originated the data set. U.S. Department of Housing and Urban Development 407 Consolidated Plan BOZEMAN 146 OMB Control No: 2506-0117 (exp. 09/30/2021) Provide a brief summary of the data set. HOME-assisted units in a rental housing project must be occupied by households that are eligible as low-income families. As such, HUD provides maximum HOME rent limits, which are the lesser of the following: 1) The fair market rent for existing housing for comparable units in the area as established by HUD under 24 CFR 888.111; or 2) A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the areas, as determined by HUD, with adjustments for number of bedrooms in the unit. What was the purpose for developing this data set? This data set was developed to ensure that HOME-assisted units in a rental housing project are occupied by eligible households. Provide the year (and optionally month, or month and day) for when the data was collected. 2023. HUD updates this dataset annually. Briefly describe the methodology for the data collection. HUD uses a variety of data to develop base-year FMR estimates, including ACS data, locally collected survey data acquired through Address-Based Mail surveys or Random Digit Dialing (RDD) telephone survey data, and other statistically valid information presented to HUD during the public comment and review period. Additionally, base-year recent moved adjusted FMRs are updated and trended to the midpoint of the program year they are to be effective using Consumer Price Index (CPI) data for rents and utilities. Additionally, HUD develops income limits based on Median Family Income estimates for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. Describe the total population from which the sample was taken. FMRs are established for metropolitan areas and nonmetropolitan counties. With several exceptions, the most current Office of Management and Budget (OMB) metropolitan area definitions of Metropolitan Statistical Areas (MSAs) are used because of their generally close correspondence with housing market area definitions. Small Area FMR areas are the U.S. Postal Service Zip code areas within a designated metropolitan area. As noted above, HUD develops income limits based on Median Family Income estimates for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed. Fair Market Rents are estimates of 40th percentile gross rents for quality units within a metropolitan area or nonmetropolitan county. Additionally, HUD’s HOME rent limits account for average occupancy per unit and are adjusted for income. 408 From:Natsuki Nakamura To:Bozeman Public Comment Subject:[EXTERNAL]Paying livable wages to build affordable housing Date:Friday, June 7, 2024 8:01:00 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Commission, I listened in on the Economic Vitality Board's conversation about CDBG, and it appears the Consolidated Plan will come in front of you for review next month. CDBG is indeed difficultmoney to use (at the nonprofit I worked at before, it took us 7+ years to get an ADA compliant lift built that was through CDBG). But something that I hope doesn't get portrayed asunnecessary bureaucracy are the labor and safety standards. Construction projects funded by CDBG have to comply with Davis-Bacon wage, which means good pay and safer workingconditions for new and long-time construction workers alike. Even immigrants who were coming to us to learn English had already picked up on it being good work and often asked meif we were hiring after they saw the obligatory "Davis-Bacon" signs hung up in our building during construction. Also, in case you missed it, HOC of Montgomery County won an award for their innovativefinance model. Best, Natsuki Nakamura 409 From:Will Shepard To:Bozeman Public Comment Subject:[EXTERNAL]2024-2028 Consolidated Plan Date:Tuesday, July 23, 2024 4:22:45 PM Attachments:Outlook-mrsazfqn.png Outlook-zxokf3uw.png Outlook-y5uqgb1q.png Outlook-40s42gx5.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the Bozeman City Commission: The Gallatin Association of REALTORS® (GAR) supports the Consolidated Plan drafted by the city of Bozeman which offers supplemental funding through HUD. This funding shall be used to address top housing concerns and gaps in supportive services for low-and-moderate-income populations in the Bozeman area. GAR suggests that the monies be used to develop future and expand current infrastructure, attainable housing, downpayment assistance, and rehabilitation of substandard housing programs within the Consolidated Plan budget. These goals coincide with the values that GAR members work towards and support in everyday practice. The city should be supported in their goals to enrich the community and effectively leverage these HUD funds. The Consolidated Plan sets forth the vision to utilize these resources for the next 5-years. GAR believes that, in the immediate future, the best use of these funds should be put towards down-payment assistance. The long-term resources, GAR believes, should be allocated towards programs that expand attainable housing developments and infrastructure needs. The Gallatin Association of REALTORS® will continue to support the community and the City of Bozeman with our ongoing efforts in addressing the housing issues in our community. We support the use of the funds accessed through the Consolidated Plan to support and enhance the community’s invaluable low- and moderate-income residents. Sincerely, Will Shepard – on behalf of the Board of Directs at Gallatin Association of REALTORS® Will Shepard Government Affairs Director Gallatin Association of REALTORS® 4020 Valley Commons Drive Unit. 1 (406) 585-0033 EXT. 1006 will@gallatinrealtors.com https://gallatinrealtors.com/ 4020 Valley Commons Dr., Bozeman, MT 59718 410 From:Renata Munfrada To:Mike Maas Cc:Alex Newby Subject:Re: [EXTERNAL]Consolidate Plan 2025-2029 (Action Item J) Date:Tuesday, July 30, 2024 9:56:02 AM Thank you! Renata Munfrada | Community Housing Program Coordinator | Pronouns: she/her/hersCity of Bozeman | 121 North Rouse Avenue | P.O. Box 1230 | Bozeman, MT 59771 M: 406.589.4709 | E: rmunfrada@bozeman.net | W: www.bozeman.net From: Mike Maas <MMaas@BOZEMAN.NET> Sent: Tuesday, July 30, 2024 9:55 AM To: Renata Munfrada <rmunfrada@BOZEMAN.NET> Cc: Alex Newby <anewby@BOZEMAN.NET> Subject: RE: [EXTERNAL]Consolidate Plan 2025-2029 (Action Item J) Thank you for passing this along! It was referenced many times during the meeting but we didn’t have it. We will incorporate it in today’s batch. Mike Maas, MPA City of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715 406.582.2321 Pronouns: he/him/his Have Questions? Ask BZN From: Renata Munfrada <rmunfrada@BOZEMAN.NET> Sent: Tuesday, July 30, 2024 9:11 AM To: Mike Maas <MMaas@BOZEMAN.NET> Cc: Alex Newby <anewby@BOZEMAN.NET> Subject: Fw: [EXTERNAL]Consolidate Plan 2025-2029 (Action Item J) Mike, this comment was sent from HRDC, Haven, and Family Promise. It was sent to all of the Commissioners. Does is need to be submitted as public comment? Renata Munfrada | Community Housing Program Coordinator | Pronouns: she/her/hersCity of Bozeman | 121 North Rouse Avenue | P.O. Box 1230 | Bozeman, MT 59771M: 406.589.4709 | E: rmunfrada@bozeman.net | W: www.bozeman.net From: Heather Grenier <hgrenier@thehrdc.org> Sent: Tuesday, July 23, 2024 10:40 AM To: Terry Cunningham <TCunningham@BOZEMAN.NET>; Joey Morrison 411 <jmorrison@BOZEMAN.NET>; Douglas Fischer <dfischer@BOZEMAN.NET>; Jennifer Madgic <jmadgic@BOZEMAN.NET>; Emma Bode <ebode@BOZEMAN.NET> Cc: David Fine <DFine@BOZEMAN.NET>; Renata Munfrada <rmunfrada@BOZEMAN.NET>; Brit Fontenot <bfontenot@BOZEMAN.NET>; Chuck Winn <CWinn@BOZEMAN.NET>; Erica Aytes Coyle <erica@havenmt.org>; Christel Chvilicek <cchvilicek@familypromisegv.org> Subject: [EXTERNAL]Consolidate Plan 2025-2029 (Action Item J) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning. Leadership from HRDC, Haven, and Family Promise wish to support the five-year goals established to address housing and community development needs in Bozeman in the Consolidated Plan for 2025 to 2029, including: 1. Increase, protect, and preserve affordable rental and homeownership housing opportunities by improving access to a diverse set of affordable housing, including, but not limited to, naturally occurring affordable housing, supportive housing for seniors andresidents with disabilities, and accessible housing. 2. Improve housing stability for individuals and households with critical needs, including persons experiencing or at risk of homelessness, by providing appropriate housing and service solutions grounded in Housing First approaches, including, but not limited to,emergency shelter, transitional housing, and other supportive services. 3. Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including, but not limited to, mental health services, chemical dependency services, and affordable and availablechildcare. Further, the three organizations hope that the City will adopt the following strategy to address goal number 2: first, focus on collaborating with the municipalities across Gallatin County to meet the immediate funding needs for shelter and transitional housing sustainably; second, work with the faith community and other partners to develop safe parking programming for individuals and families for whom emergency shelter, transitional housing, or communal living is not an option; third, invest in an effective modeling platform to project the emergency, transitional and supportive housing needs for the region over thenext five to ten years, and fourth, adopt and invest in a proven community-driven strategy to address those needs (i.e. Built For Zero). Sincerely, Heather Grenier President/CEO HRDC Erica Coyle Executive Director Haven 412 Christel Chvilicek Executive Director Family Promise 413 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5617, Creation of Special Improvement Lighting District 785 Gardner Simmental Plaza Subdivision Lot 2A MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5617 Creation of Special Improvement Lighting District 785 Gardner Simmental Plaza Subdivision Lot 2A 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:The Commission did on July 9, 2024, adopt Commission Resolution No. 5616 Intent to Create Special Improvement Lighting District 785 Gardner Simmental Plaza Subdivision Lot 2A as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $9.84 per acre within the district or $21.83 annually for the entire district. Attachments: Resolution 5617-Creation of SILD 785.doc Report compiled on: June 17, 2024 414 Page 1 of 4 RESOLUTION 5617 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 785 GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, onJuly 9, 2024, adoptedResolution No. 5616 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 785 (Gardner Simmental Plaza Subdivision Lot 2A) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part43, as amended (the “Act”), for the purpose of financing costs ofcertain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on August 6, 2024, this Commission 415 Resolution 5617, Creation of SILD 785 – GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A Page 2 of 4 approved the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 785 Fund (the “Fund”). All money derived from the collection of the 416 Resolution 5617, Creation of SILD 785 – GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A Page 3 of 4 assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9 th day of August 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ________________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 417 Resolution 5617, Creation of SILD 785 – GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5617 entitled: ARESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 785 (GARDNER SIMMENTAL PLAZA SUBDIVISON LOT 2A); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTEDPROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on August 6, 2024and thatthe meeting was duly heldby the CityCommission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 6th day of August 2024. ___________________________________ ALEX NEWBY Deputy City Clerk 418 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5618, Intent to Create a Special Improvement Lighting District 786 for Urban + Farm Phase 1 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5618, Intent to Create Special Improvement Lighting District 786 for Urban + Farm Phase 1 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:The City of Bozeman requires a lighting district as a condition of final plat approval to ensure that benefitted property owners pay the cost of electricity and maintenance of lights. MCA 7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None 419 ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $49.46 per acre within the district or $208.42 annually for the entire district. Attachments: Resolution 5618-Intent to Create SILD 786.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: July 23, 2024 420 Page 1 of 9 RESOLUTION 5618 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 786 (URBAN + FARM PHASE 1)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Urban + Farm Phase 1 (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for eight (8)35 watt Lumec by Signify Domus Small Urban Luminaire single arm light on round tapered forest green textured steel poles, mounted at 14 feet per City of Bozeman standards and two (2) 35 watt Lumec by Signify Domus Large Urban Luminaire single arm lights on round tapered forest green textured steel poles, mounted at 25 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.7368 per 35-watt LED fixture. This calculates annually to $17.37 per light or $208.42 in total. 421 Resolution 5618, Intent to Create Lighting District 786 Page 2 of 9 Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 786 (Urban + Farm Phase 1) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $208.42, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 4.21387 acres, or 422 Resolution 5618, Intent to Create Lighting District 786 Page 3 of 9 183,556 square feet, exclusive of parks and open space. The initial costs of the improvements per acre shall be $49.46 or $0.001136 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $208.42, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $168.12 per acre, or $0.003860 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting 423 Resolution 5618, Intent to Create Lighting District 786 Page 4 of 9 system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, August 26, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, on Tuesday, August 27, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on August 10, 2024 and August 17, 2024 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of Augst 2024. ___________________________________ 424 Resolution 5618, Intent to Create Lighting District 786 Page 5 of 9 TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 425 Resolution 5618, Intent to Create Lighting District 786 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5618, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 786 (URBAN + FARM PHASE 1) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on August 6, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuantto call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 6 th day of August 2024. ___________________________________ ALEX NEWBY DEPUTY CITY CLERK 426 Resolution 5618, Intent to Create Lighting District 786 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 786 (URBAN + FARM PHASE 1) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on April 9, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5618 to create Special Improvement Lighting District No. 786 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Urban + Farm Phase 1, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5618 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for eight (8) 35 watt Lumec by Signify Domus Small Urban Luminaire single arm light on round tapered forest green textured steel poles, mounted at 14 feet per City of Bozeman standards and two (2) 35 watt Lumec by Signify Domus Large Urban Luminaire single arm lights on round tapered forest green textured steel poles, mounted at 25 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.7368 per 35-watt LED fixture. This calculates annually to $17.37 per light or $208.42 in total. The total area of the District to be assessed is 4.21387 acres, or 183,556 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $49.56 or $0.001136 per square foot annually. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $168.12 per 427 Resolution 5618, Intent to Create Lighting District 786 acre, or $0.00386 per square foot. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerkat City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., onAugust 26, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements on Tuesday, August 27,2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated: August 06, 2024. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ ALEX NEWBY Deputy City Clerk Legal Ad Publication Dates: Saturday, August 10, 2024 Saturday, August 17, 2024 428 Resolution 5618, Intent to Create Lighting District 786 RESOLUTION 5618 Resolution of Intent to create SILD No. 786 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Urban + Farm Phase 1 and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING ALEX NEWBY, Deputy City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District No. 786, as listed in Exhibit "B", on Friday, August 9, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ ALEX NEWBY Deputy City Clerk 429 STSTSTSTSTSTST10''S 10''S 10''S 10''S 10''S 8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S 10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S10''S8''S 8''S 8''S 8''S 8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''S8''SWATWATWAT WAT WAT WAT WAT WAT WAT WAT WAT WAT WAT WATWATWATWATWATWATWAT WATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWAT WAT WAT WAT WAT WAT WATWATWATST0'20'40'60'URBAN+FARMS PHASE1PROPOSED LIGHTING FIGURE May 09, 2024 - 3:55pmCAD FILE: M:\203430\Drawings\PHASE 1\VF-STAKING-MP.dwg 1 OF1430 Block Lot Sq Ft Owner Owner Address City State Zip 1 1 Planter Pl 5,646 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 2 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 3 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 4 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 5 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 6 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 7 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 8 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 9 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 10 Planter Pl 4,391 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 11 Planter Pl 4,391 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 12 Planter Pl 4,199 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 13 Planter Pl 4,200 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 14 Planter Pl 4,200 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 15 Planter Pl 4,499 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 16 Planter Pl 4,499 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 17 Planter Pl 4,499 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 18 Planter Pl 4,499 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 19 Planter Pl 4,499 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 20 Planter Pl 4,499 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 1 21 Planter Pl 4,922 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 1 Planter Pl 8,814 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 2 Planter Pl 8,399 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 3 Planter Pl 8,399 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 4 Planter Pl 8,876 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 5 Furrow Way 8,817 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 6 Furrow Way 13,065 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 7 Planter Pl 8,958 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 8 Planter Pl 8,399 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 9 Planter Pl 8,399 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 2 10 Planter Pl 8,895 Laurel Parkway LLC 11 Lone Peak Dr Ste 201 Big Sky MT 59716 Square Footage 183,556 Acres 4.21387 Address URBAN + FARM PHASE 1 431 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Interim City Manager SUBJECT:Resolution 5626, Adopting the Bozeman City Commission Priorities for 2024 and 2025 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5626 the Bozeman City Commission Priorities for 2024 and 2025 STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:In April 2018, the Bozeman City Commission adopted its first ever Strategic Plan. Since then, the City Manager has come before the City Commission regularly to review the progress made on the priorities outlined in the Strategic Plan and set goals for the upcoming year. Beginning with 2022, the City Manager has recommended a two-year priority list. On January 26, 2024, the City Commission held a work session to receive the status report of the Commission's priorities. The City Manager recommended the removal of the completed priorities, the modification of priorities that are ongoing, and the addition of new priorities. As a result of the discussion, the City Commission has proposed nine priorities for 2024 and 2025. After gaining direction from the City Commission, staff prepared a resolution for the Commission to formally adopt the priorities for 2024 and 2025. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. Attachments: Resolution 5626 Adopting Commission Priorities for 2024- 25.docx Exhibit A.pdf Report compiled on: July 23, 2024 432 433 Version April 2020 RESOLUTION 5368 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE BOZEMAN CITY COMMISSION PRIORITIES FOR 2022 AND 2023. WHEREAS,the City of Bozeman adopted its Strategic Plan through Resolution 4852 on April 16, 2018; and WHEREAS, the City of Bozeman adopted three long range plans – the Climate Action Plan, Community Affordable Housing Plan and the Growth Policy, and the Commission and Staff will continue implementing the programs and initiatives contained in those documents; and WHEREAS,in a work session on January 26, 2024, which was open to the public, the Commission discussed its priorities for the next two years; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the Bozeman City Commission Priorities for 2024 and 2025 are incorporated in Exhibit A. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of August 2024. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk 434 Version April 2020 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 435 About the Priorities Every two years, Bozeman City Commission meets to discuss the priorities process, a list of goals that the elected body directs city staff to complete within a two-year time frame. All goals are important projects that impact our community and are unique activities that staff perform within the designated timeframe. For the 2024-2026 priority cycle, Bozeman City Commission has chosen the following priorities: An Engaged Community o Foster and build public trust, support, and pride in local government. Safe, Welcoming Community o Develop a Tenants Right to Counsel Program. o Develop a comprehensive regional strategy on homelessness. o Implement at least 8 recommendations from the Belonging in Bozeman Plan. A Well-Planned City o Rework and restore a new Historic Preservation Policy - including trees and landmarks. o Encourage the creation of ADUs in our city through an ADU Incentive Program. o Create an Affordable Housing Preservation Policy. o Ramp up the SAFE Plan and become a Gold-level Bike Friendly Community. Sustainable Environment o Create a Bozeman Creek Resiliency Plan. 436 Bozeman City Commission Two-Year Priorities List 2 An Engaged Community Goal: Foster and build public trust, support, and pride in local government. Safe, Welcoming Community Goal: Develop a Tenants Right to Counsel Program. Goal: Develop a comprehensive regional strategy on homelessness. Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Create opportunities for neighborhood and community-wide outreach events involving City Commissioners. Utilize engagement plans around all major initiatives and ensure broad representation. Communicate achievements through FYI at Commission. 2024 2025 2026 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Research, analyze and develop program options. Funding and program option discussion at Commission pending positive legal review. 2024 2025 2026 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Collaborate with Regional Housing Coalition to develop a plan. Potential plan adoption. 2024 2025 2026 437 Bozeman City Commission Two-Year Priorities List 3 Goal: Implement at least 8 recommendations from the Belonging in Bozeman Plan. A Well-Planned City Goal: Rework and restore a new Historic Preservation Policy – including trees and landmarks. Goal: Encourage the creation of ADUs in our city through an ADU Incentive Program. Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Create a new Belonging in Bozeman Coordinator staff position and dedicated budget. Create a full-time position to serve as ADA Coordinator. Hire a part-time Disability Community Liaison and full-time Bozeman PD Community Liaison. Recovene the Belonging in Bozeman interdepartmental committee and update its charter. Continue to convene external partners to implement Belonging in Bozeman Plan. Support partner organizations by funding transitional and emergency housing programs. Develop an equity impacts decision-making tool and train boards, staff, Commission on its use. Implement on-demand interpretation services and train frontline staff on using it. 2024 2025 2026 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Revise the existing Historic Preservation Policy and create a Local Landmark Program. Analyze City's authority in declaring trees on private property as Landmark Trees. Include options in Urban Forestry Management Plan. 2024 2025 2026 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Produce a market analysis of ADUs in Bozeman to inform decisions. Discuss and implement policy around ADU incentives. 2024 2025 2026 438 Bozeman City Commission Two-Year Priorities List 4 Goal: Create an Affordable Housing Preservation Policy. Goal: Ramp up the SAFE Plan and become a Gold-level Bike Friendly Community. Sustainable Environment Goal: Create a Bozeman Creek Resiliency Plan. Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Identify opportunities for affordable housing preservation (mobile home parks, etc.). Explore an affordable housing preservation policy. 2024 2025 2026 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Continue work to improve bike safety throughout the community. Establish a community-wide education program for bike/ped safety. Resubmit for Gold-level status. 2024 2025 2026 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Jan-Mar Apr-Jun Jul-Sept Oct-Dec Create a project charter. Perform an analysis of Bozeman Creek's ability to handle a 100-year flood. Engage with community and educate around successes cleaning the creek. Conduct an engineering study of creek meander, braiding and re-routing options based on the results of the 100-year flood study. Conduct a study to identify areas where public interaction with Bozeman Creek can be enhanced through future parkland development. Explore funding opportunities for potential improvements and changes. 2024 2025 2026 439 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance 2148, Provisional Adoption, Establishing a Zoning Designation of R-5, Residential High Density Mixed District and R-4, Residential High-Density District, in Association with the Annexation of 81.619 Acres, the Baxter 80 Annexation, Generally Located at the Northwest Corner of West Oak Street and Laurel Parkway, Application 23208 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2165. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission approved Application 23208 on March 26, 2024, to annex 82.42.042 acres and establish an initial zoning designation of R-5 (Residential High Density Mixed District) on 49.129 acres and R-4 (Residential High- Density District) on 32.490 acres, subject to terms of annexation and contingencies for zoning. The property is located is located on the northwest corner of West Oak Street and Laurel Parkway. Final documents and easements were received by the Applicant on May 14, 2024. A signed annexation agreement was received on May 14, 2024, and metes and bounds property description was received on June 18, 2024. The Commission voted (4:0) to approve the annexation. The Commission voted (3:1) to approve the zone map amendment for the property, Commissioner Madgic dissenting. The proposed annexation would bring in additional right of way to build sections of Wet Oak, Laurel Parkway, and Baxter Lanes, and upon future development additional internal local street network. The property is currently vacant with no existing development or city services on the parcel. Nearby municipal zoning includes REMU, R-4, R-3, and 440 B-2M. The remaining area is bordered by un-annexed property zoned A-S in the Gallatin County Bozeman Area Zoning District. The subject properties are within the urban planning and municipal service area for the City. UNRESOLVED ISSUES:There are no unresolved issues with this Ordinance. ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 23208 Baxter 80 Ordinance 2165.pdf 002 Baxter 80-ZMA.pdf Report compiled on: July 23, 2024 441 Ord 2165 Page 1 of 6 ORDINANCE 2165 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 32.49 ACRES AS R-4, RESIDENTIAL HIGH-DENSITY DISTRICT AND 49.129 ACRES AS R-5, RESIDENTIAL HIGH-DENSITY MIXED DISTRICT, KNOWN AS THE BAXTER 80 ZONE MAP AMENDMENT, APPLICATION 23208. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) and R-5 (Residential High-Density Mixed District) for approximately 32.49 acres and 49.129 acres respectively has been properly submitted, reviewed, and advertised; and 442 Ordinance No. 2165, Baxter 80 Zone Map Amendment Page 2 of 6 WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on February 5, 2024, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 23208 the Baxter 80 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on March 26, 2024, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the 443 Ordinance No. 2165, Baxter 80 Zone Map Amendment Page 3 of 6 application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Baxter 80 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-4, Residential High-Density District: An area of land comprised described as follows: That portion of Tract 4 of Certificate of Survey 2552, located in the northwest quarter of Section 4, Township 2 South, Range 5 East, and that portion of the south 30 feet of Tract 4 of Certificate of Survey 2672A, being the north 30 feet of the Baxter Lane right-of-way, located in the southwest quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: Commencing at the quarter corner of Section 4, Township 2 South, Range 5 East, and Section 33, Township 1 South, Range 5 East, monumented with an aluminum cap on a 5/8- inch rebar; thence S89°35'15"W 806.24 feet along the north line of said Section 4, also being the south line of Tract 4 of Certificate of Survey 2672A; thence S0°39'55”W 2640.33 feet to the north line of Phase 2 of Laurel Glen Subdivision; thence S89°18'29”W 536.66 feet along the north line of Phase 2 of Laurel Glen Subdivision to the southeast corner of Tract 3 of Certificate of Survey 2552; thence N0°45'29"E 2646.91 feet along the east lines of Tract 2 and Tract 3 of said Certificate of Survey 2552 to the southwest corner of Tract 4 of Certificate of Survey 2672A; thence N0°45'29"E 30 feet to the north line of the Baxter Lane right-of-way; thence N89°35'15”E 521.51 feet along the north limit of the Baxter 444 Ordinance No. 2165, Baxter 80 Zone Map Amendment Page 4 of 6 Lane right-of-way; thence S0°39'55”W 30.00 feet to the Point of Beginning, containing 32.490 acres and all as shown on said Certificate of Survey 2552. containing 32.490 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. That the zoning district designation of the following-described property is hereby designated as R-5, Residential High-Density Mixed District: An area of land comprised described as follows: That portion of Tract 4 of Certificate of Survey 2552, located in the northwest quarter of Section 4, Township 2 South, Range 5 East, and that portion of the south 30 feet of Tract 4 of Certificate of Survey 2672A, being the north 30 feet of the Baxter Lane right-of-way, located in the southwest quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: Beginning at the quarter corner of Section 4, Township 2 South, Range 5 East, and Section 33, Township 1 South, Range 5 East, monumented with an aluminum cap on a 5/8-inch rebar; thence S0°39'55”W 2640.33 feet along the west line of Phase 1 of Northwest Crossing Subdivision; thence S89°18'29”W 795.68 feet along the north line of Phase 2 of Laurel Glen Subdivision ; thence N0°39'55"E 2640.33 feet to the north line of said Section 4, also being the south line of Tract 4 of Certificate of Survey 2672A; thence N0°39'55"E 30.00 feet to the north line of the Baxter Lane right-of-way; thence N89°35'15”E 806.36 feet along said north line of the Baxter Lane right-of-way to the east line of Tract 5 of Certificate of Survey 2672A; thence S0°39'55”W 30.00 feet to the Point of Beginning containing 49.129 acres and all as shown on said Certificates of Survey 2552 and 2672A. containing 49.129 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 445 Ordinance No. 2165, Baxter 80 Zone Map Amendment Page 5 of 6 Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 446 Ordinance No. 2165, Baxter 80 Zone Map Amendment Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2024. The effective date of this ordinance is _____________, ____, 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 447 WWWWWSS89°18'29"W 1332.34'N0°45'29"E 2646.92' N0°26'09"E 2689.22' S0°39'55"W 50.00' N0°45'29"E 50.00' ©COPYRIGHT MORRISON-MAIERLE, SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2023 Plotted by dom goble on Dec/11/2023U:\6893 True North Partners\002_Baxter 80 Minor Subdivision\ACAD\Exhibits\Annexation Exhibits.dwgBAXTER 80 MINOR SUBDIVISION ZONE MAP AMENDMENT BOZEMAN MONTANA 6893.002 SHT. 2 DDG HYALITE GG 10/2023engineers surveyors planners scientists MorrisonMaierle 172 Timberwolf Parkway Kalispell, MT 59901 Phone: 406.752.2216 www.m-m.net 150 3000 SCALE IN FEET BAXTER 80 ZONE MAP AMENDMENT MAP PROP O S E D Z O NI N G: R- 4 ZONING AREA SUMMARY TOTAL ZONING AREA: LEGAL DESCRIPTION OF LAND TO BE ANNEXED 100' BAXTER LANE RIGHT-OF-WAY 90' LAUREL PARKWAY RIGHT-OF-WAY 125' WEST OAK STREET RIGHT-OF-WAY NORT H W E S T C R O S SI N G SUBDI VI SI O N (REMU Z OI NI N G) TRAC T 2 C O S 2 5 5 2 (AS ZO NI N G) TRAC T 3 C O S 2 5 5 2 (AS ZO NI N G ) TRAC T 7 C O S 2 7 6 2 A (RR/A Z O NI N G) TRAC T 4 C O S 2 6 7 2 A (AS Z O NI N G) TRAC T 1 C O S 2 5 5 3 A (AS Z O NI N G ) LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) P.O.B. EXISTING STRUCTURE EDGE OF WATER R-5 ZONING: R-4 ZONING: PROP O S E D Z O NI N G: R- 5 TRACT 4 C.O.S. 2552 WETLAND BOUNDARY DELINEATED BY WOODARD AND CURRAN IN 2021 LAUR E L G L E N SUBDI VI SI O N P H A S E 2 (R-3 Z O NI N G) Tract 4 of Certificate of Survey 2552, located in the northwest quarter of Section 4, Township 2 South, Range 5 East, and the south 50 feet of Tract 4 of Certificate of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the southwest quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, more particularly described as follows: Beginning at the quarter corner of Sections 4, Township 2 South, Range 5 East, and Section 33, Township 1 South, Range 5 East, monumented with an aluminum cap on a 5/8-inch rebar in the centerline of the 100-foot right-of-way of Baxter Lane; thence S0°39'55”W 2640.33 feet along the east line of Tract 4 of Certificate of Survey 2552 and the centerline of the 90-foot wide right-of-way of Laurel Parkway to the southeast corner of said Tract 4 in the centerline of the 125-foot right-of-way of West Oak Street; thence S89°18'29”W 1332.34 feet along the north line of Laurel Glen Subdivision Phase 2 and the centerline of West Oak Street to the southeast corner of Tract 3 of said Certificate of Survey 2552; thence N0°45'29"E 2646.92 feet along the east lines of Tract 2 and Tract 3 of said Certificate of Survey 2552 to the northeast corner of said Tract 2; thence N0°45'29"E 50.00 feet along the west line of Tract 4 of Certificate of Survey 2672A to the north right-of-way line of Baxter Lane; thence N89°35'15"E 1327.92 feet along said north right-of-way line to the east line of said Tract 4 of Certificate of Survey 2672A; thence S0°39'55"W 50.00 feet along said east line to the Point of Beginning, containing 82.042 acres. S0°39'55"W 2640.33 TRACT 4 OF CERTIFICATE OF SURVEY 2552, LOCATED IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND THE SOUTH 50 FEET OF TRACT 4 OF CERTIFICATE OF SURVEY 2672A, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, MONTANA, GALLATIN COUNTY ZONING R-4 AND R-5(PREVIOUSLY AS)N89°35'15"E 1327.92'49.34 acres (2,149,245 Sq. Ft.) 82.04 acres (3,573,748) Sq. Ft. 32.70 acres (1,424,503 Sq. Ft.) REVISED:12/2023 448 Memorandum REPORT TO:City Commission FROM:Chuck Winn Anna Saverud SUBJECT:Camping in the Right of Way Discussion MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Provide staff direction on recommended changes, if any, to Ordinance 2147 and other proposals STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: In 2018, the legal landscape concerning how municipalities in the 9th Circuit regulated public property with camping or “sit, sleep, lie” ordinances in their jurisdictions changed dramatically. Historically, most camping ordinances, including the City of Bozeman’s were misdemeanor criminal offenses that carried the potential of a fine and/or jail time. In 2018, in Martin v. Boise, the 9th Circuit Court of Appeals held to criminally punish a person who is experiencing homelessness for sitting, sleeping, or lying on public property when the person has no place else to go and when no shelter space is available, was a violation of the 8th Amendment prohibition on cruel and unusual punishment and therefore unconstitutional. In 2022, in the Johnson v. Grants Pass decision, the 9th Circuit affirmed their holding in Boise and further stated that municipalities may not prohibit persons experiencing homelessness from using “rudimentary protections from the elements” or for sleeping in their vehicles. As Montana falls within the 9th Circuit, Bozeman was beholden to these decisions. Under both Boise and Grants Pass, municipalities were able to place reasonable time, place and manner restrictions on sit, sleep, lie ordinances so long as the regulations were consistent with the Constitution and holdings of the 9th Circuit cases. 449 In 2023, given the number of urban campers the City was experiencing and the legal landscape the City had to navigate, the City Commission unanimously adopted Ordinance 2147.Ordinance 2147 was an attempt to balance the City’s obligations under Boise and Grants Pass by providing a legal ability for unhoused persons to camp, while at the same time addressing the City’s responsibility to ensure public rights-of-way were unencumbered, that street maintenance including snow removal could occur, and that solid waste was properly disposed. Ordinance 2147 went into effect in late November 2023 and provides individuals who are experiencing homelessness the ability to camp on the public right of way provided they follow the adopted time, place, and manner regulations. Currently, the Ordinance requires: campers move every 30 days; that camps may not be located directly adjacent to or across from parcels containing a residence, schools, parks, or daycares, or be within 100 feet of the entrance to a business; and campers must maintain a clean and orderly area. A person is required to be warned three separate times for a violation before a civil citation may be written. The maximum civil penalty for any violation is $25. On June 28, 2024, the United States Supreme Court overruled the 9 th circuit’s holdings in Boise and Grants Pass and held that the 8th Amendment does not preclude a government for deciding what may or may not be criminalized. The 8th Amendment prevents against cruel and unusual punishment and the Supreme Court held the penalties at issue in Grants Pass which included civil and criminal penalties were not cruel or unusual. The Court discussed essentially that misdemeanor penalties were a tool available to municipalities for their toolbox to address a very complex societal issue and indicated each locality’s legislative body was best positioned to decide if and how they choose to use such a tool. The decision from the United States Supreme Court in Grants Pass allows municipalities, including Bozeman, the opportunity to reexamine and determine policies regarding the regulation of camping on public property, including the public right of way, without threat of running afoul to the 8th Amendment. As the present approach related to urban camping in Bozeman were exclusively based on the 9th circuit caselaw which has now been overruled, and Ordinance 2147 has been in effect for eight months, it is time to address if Ordinance 2147 is still the policy direction of this Commission or if other regulations are desired. From city staff perspective, there have been a number of positive things 450 resulting from the implementation of Ordinance 2147. The ordinance provided staff, unhoused and housed residents clarity on what is permissible, and which had been unclear in prior years. The place restrictions significantly reduced complaints and allowed for distancing between neighbors. Generally, with the daily involvement of Neighborhood Services, areas when camping is occurring are cleaner than before the ordinance went into effect. However, from city staff perspective, there are a number of problems Ordinance 2147 does not address. These include adequately addressing environmental degradation resulting from persons residing on the right of way; limitations on “place” restrictions that continue to contribute to neighborhood strife; health, safety, and sense of safety concerns for all citizens both unhoused and housed; and lack of proportionate consequences for violations. During this work session staff will discuss these issues; discuss recommendations and request direction from the City Commission as to what, if any changes they want to make to the City’s regulations regarding camping on the right of way. Attached for reference for this work session are the US Supreme Court's Opinion in Grants Pass, Ordinance 2147, and a memo from the Director of Transportation and Engineering of the City of Bozeman. UNRESOLVED ISSUES:. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:To be determined. Attachments: Grants Pass v. Johnson SCOTUS Opinion.pdf Complete_with_DocuSign_Final_Ordinance_2147p.pdf FINAL_UnousedROW_Memo Director Ross.pdf Report compiled on: August 1, 2024 451 1 (Slip Opinion) OCTOBER TERM, 2023 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus CITY OF GRANTS PASS, OREGON v. JOHNSON ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 23–175. Argued April 22, 2024—Decided June 28, 2024 Grants Pass, Oregon, is home to roughly 38,000 people, about 600 of whom are estimated to experience homelessness on a given day. Like many local governments across the Nation, Grants Pass has public- camping laws that restrict encampments on public property. The Grants Pass Municipal Code prohibits activities such as camping on public property or parking overnight in the city’s parks. See §§5.61.030, 6.46.090(A)–(B). Initial violations can trigger a fine, while multiple violations can result in imprisonment. In a prior decision, Martin v. Boise, the Ninth Circuit held that the Eighth Amendment’s Cruel and Unusual Punishments Clause bars cities from enforcing public-camping ordinances like these against homeless individuals whenever the number of homeless individuals in a jurisdiction exceeds the number of “practically available” shelter beds. 920 F. 3d 584, 617. After Martin, suits against Western cities like Grants Pass prolifer- ated. Plaintiffs (respondents here) filed a putative class action on behalf of homeless people living in Grants Pass, claiming that the city’s ordi- nances against public camping violated the Eighth Amendment. The district court certified the class and entered a Martin injunction pro- hibiting Grants Pass from enforcing its laws against homeless individ-uals in the city. App. to Pet. for Cert. 182a–183a. Applying Martin’s reasoning, the district court found everyone without shelter in Grants Pass was “involuntarily homeless” because the city’s total homeless population outnumbered its “practically available” shelter beds. App. 452 2 CITY OF GRANTS PASS v. JOHNSON Syllabus to Pet. for Cert. 179a, 216a. The beds at Grants Pass’s charity-run shelter did not qualify as “available” in part because that shelter has rules requiring residents to abstain from smoking and to attend reli- gious services. App. to Pet. for Cert. 179a–180a. A divided panel of the Ninth Circuit affirmed the district court’s Martin injunction in rel- evant part. 72 F. 4th 868, 874–896. Grants Pass filed a petition for certiorari. Many States, cities, and counties from across the Ninth Cir- cuit urged the Court to grant review to assess Martin. Held: The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. Pp. 15–35. (a) The Eighth Amendment’s Cruel and Unusual Punishments Clause “has always been considered, and properly so, to be directed at the method or kind of punishment” a government may “impos[e] for the violation of criminal statutes.” Powell v. Texas, 392 U. S. 514, 531– 532 (plurality opinion). It was adopted to ensure that the new Nation would never resort to certain “formerly tolerated” punishments consid- ered “cruel” because they were calculated to “ ‘superad[d]’ ” “ ‘terror, pain, or disgrace,’ ” and considered “unusual” because, by the time of the Amendment’s adoption, they had “long fallen out of use.” Bucklew v. Precythe, 587 U. S 119, 130. All that would seem to make the Eighth Amendment a poor foundation on which to rest the kind of decree the plaintiffs seek in this case and the Ninth Circuit has endorsed since Martin. The Cruel and Unusual Punishments Clause focuses on the question what “method or kind of punishment” a government may im- pose after a criminal conviction, not on the question whether a govern- ment may criminalize particular behavior in the first place. Powell, 392 U. S., at 531–532. The Court cannot say that the punishments Grants Pass imposes here qualify as cruel and unusual. The city imposes only limited fines for first-time offenders, an order temporarily barring an individual from camping in a public park for repeat offenders, and a maximum sentence of 30 days in jail for those who later violate an order. See Ore. Rev. Stat. §§164.245, 161.615(3). Such punishments do not qual- ify as cruel because they are not designed to “superad[d]” “terror, pain, or disgrace.” Bucklew, 587 U. S., at 130 (internal quotation marks omitted). Nor are they unusual, because similarly limited fines and jail terms have been and remain among “the usual mode[s]” for pun- ishing criminal offenses throughout the country. Pervear v. Common- wealth, 5 Wall. 475, 480. Indeed, cities and States across the country have long employed similar punishments for similar offenses. Pp. 15– 17. (b) Plaintiffs do not meaningfully dispute that, on its face, the Cruel and Unusual Punishments Clause does not speak to questions like 453 3 Cite as: 603 U. S. ____ (2024) Syllabus what a State may criminalize or how it may go about securing a con- viction. Like the Ninth Circuit in Martin, plaintiffs point to Robinson v. California, 370 U. S. 660, as a notable exception. In Robinson, the Court held that under the Cruel and Unusual Punishments Clause, California could not enforce a law providing that “‘[n]o person shall . . . be addicted to the use of narcotics.’” Id., at 660, n 1. While California could not make “the ‘status’ of narcotic addiction a criminal offense,” id., at 666, the Court emphasized that it did not mean to cast doubt on the States’ “broad power” to prohibit behavior even by those, like the defendant, who suffer from addiction. Id., at 664, 667–668. The prob- lem, as the Court saw it, was that California’s law made the status of being an addict a crime. Id., at 666–667 The Court read the Cruel and Unusual Punishments Clause (in a way unprecedented in 1962) to im- pose a limit on what a State may criminalize. In dissent, Justice White lamented that the majority had embraced an “application of ‘cruel and unusual punishment’ so novel that” it could not possibly be “ascribe[d] to the Framers of the Constitution.” 370 U. S., at 689. The Court has not applied Robinson in that way since. Whatever its persuasive force as an interpretation of the Eighth Amendment, Robinson cannot sustain the Ninth Circuit’s Martin pro- ject. Robinson expressly recognized the “broad power” States enjoy over the substance of their criminal laws, stressing that they may criminalize knowing or intentional drug use even by those suffering from addiction. 370 U. S., at 664, 666. The Court held that California’s statute offended the Eighth Amendment only because it criminalized addiction as a status. Ibid. Grants Pass’s public-camping ordinances do not criminalize status. The public-camping laws prohibit actions undertaken by any person, regardless of status. It makes no difference whether the charged de- fendant is currently a person experiencing homelessness, a backpacker on vacation, or a student who abandons his dorm room to camp out in protest on the lawn of a municipal building. See Tr. of Oral Arg. 159. Because the public-camping laws in this case do not criminalize status, Robinson is not implicated. Pp. 17–21. (c) Plaintiffs insist the Court should extend Robinson to prohibit the enforcement of laws that proscribe certain acts that are in some sense “involuntary,” because some homeless individuals cannot help but do what the law forbids. See Brief for Respondents 24–25, 29, 32. The Ninth Circuit pursued this line of thinking below and in Martin, but this Court already rejected it in Powell v. Texas, 392 U. S. 514. In Powell, the Court confronted a defendant who had been convicted un- der a Texas statute making it a crime to “ ‘get drunk or be found in a state of intoxication in any public place.’ ” Id., at 517 (plurality opin- ion). Like the plaintiffs here, Powell argued that his drunkenness was 454 4 CITY OF GRANTS PASS v. JOHNSON Syllabus an “‘involuntary’” byproduct of his status as an alcoholic. Id., at 533. The Court did not agree that Texas’s law effectively criminalized Pow- ell’s status as an alcoholic. Writing for a plurality, Justice Marshall observed that Robinson’s “very small” intrusion “into the substantive criminal law” prevents States only from enforcing laws that criminal- ize “a mere status.” Id., at 532–533. It does nothing to curtail a State’s authority to secure a conviction when “the accused has committed some act . . . society has an interest in preventing.” Id., at 533. That remains true, Justice Marshall continued, even if the defendant’s con- duct might, “in some sense” be described as “ ‘involuntary’ or ‘occa- sioned by’” a particular status. Ibid. This case is no different. Just as in Powell, plaintiffs here seek to extend Robinson’s rule beyond laws addressing “mere status” to laws addressing actions that, even if undertaken with the requisite mens rea, might “in some sense” qualify as “ ‘involuntary.’ ” And as in Pow- ell, the Court can find nothing in the Eighth Amendment permitting that course. Instead, a variety of other legal doctrines and constitu- tional provisions work to protect those in the criminal justice system from a conviction. Pp. 21–24. (d) Powell not only declined to extend Robinson to “involuntary” acts but also stressed the dangers of doing so. Extending Robinson to cover involuntary acts would, Justice Marshall observed, effectively “impe[l]” this Court “into defining” something akin to a new “insanity test in constitutional terms.” Powell, 392 U. S., at 536. That is because an individual like the defendant in Powell does not dispute that he has committed an otherwise criminal act with the requisite mens rea, yet he seeks to be excused from “moral accountability” because of his “‘con- dition. ’” Id., at 535–536. Instead, Justice Marshall reasoned, such matters should be left for resolution through the democratic process, and not by “freez[ing]” any particular, judicially preferred approach “into a rigid constitutional mold.” Id., at 537. The Court echoed that last point in Kahler v. Kansas, 589 U. S. 271, in which the Court stressed that questions about whether an individual who committed a proscribed act with the requisite mental state should be “reliev[ed of] responsibility,” id., at 283, due to a lack of “moral culpability,” id., at 286, are generally best resolved by the people and their elected repre- sentatives. Though doubtless well intended, the Ninth Circuit’s Martin experi- ment defied these lessons. Answers to questions such as what consti- tutes “involuntarily” homelessness or when a shelter is “practically available” cannot be found in the Cruel and Unusual Punishments Clause. Nor do federal judges enjoy any special competence to provide them. Cities across the West report that the Ninth Circuit’s involun- 455 5 Cite as: 603 U. S. ____ (2024) Syllabus tariness test has created intolerable uncertainty for them. By extend- ing Robinson beyond the narrow class of pure status crimes, the Ninth Circuit has created a right that has proven “impossible” for judges to delineate except “by fiat.” Powell, 392 U. S., at 534. As Justice Mar- shall anticipated in Powell, the Ninth Circuit’s rules have produced confusion and they have interfered with “essential considerations of federalism,” by taking from the people and their elected leaders diffi- cult questions traditionally “thought to be the[ir] province.” Id., at 535–536. Pp. 24–34. (e) Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. The question this case presents is whether the Eighth Amendment grants federal judges pri- mary responsibility for assessing those causes and devising those re- sponses. A handful of federal judges cannot begin to “match” the col- lective wisdom the American people possess in deciding “how best to handle” a pressing social question like homelessness. Robinson, 370 U. S., at 689 (White, J., dissenting). The Constitution’s Eighth Amend-ment serves many important functions, but it does not authorize fed- eral judges to wrest those rights and responsibilities from the Ameri- can people and in their place dictate this Nation’s homelessness policy. Pp. 34–35. 72 F. 4th 868, reversed and remanded. GORSUCH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, KAVANAUGH, and BARRETT, JJ., joined. THOMAS, J., filed a concurring opinion. SOTOMAYOR, J., filed a dissenting opinion, in which KAGAN and JACKSON, JJ., joined. 456 _________________ _________________ 1 Cite as: 603 U. S. ____ (2024) Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. SUPREME COURT OF THE UNITED STATES No. 23–175 CITY OF GRANTS PASS, OREGON, PETITIONER v. GLORIA JOHNSON, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 28, 2024] JUSTICE GORSUCH delivered the opinion of the Court. Many cities across the American West face a homeless- ness crisis. The causes are varied and complex, the appro- priate public policy responses perhaps no less so. Like many local governments, the city of Grants Pass, Oregon, has pursued a multifaceted approach. Recently, it adopted various policies aimed at “protecting the rights, dignity[,] and private property of the homeless.” App. 152. It ap- pointed a “homeless community liaison” officer charged with ensuring the homeless receive information about “as- sistance programs and other resources” available to them through the city and its local shelter. Id., at 152–153; Brief for Grants Pass Gospel Rescue Mission as Amicus Curiae 2–3. And it adopted certain restrictions against encamp- ments on public property. App. 155–156. The Ninth Cir- cuit, however, held that the Eighth Amendment’s Cruel and Unusual Punishments Clause barred that last measure. With support from States and cities across the country, Grants Pass urged this Court to review the Ninth Circuit’s decision. We take up that task now. 457 2 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court I A Some suggest that homelessness may be the “defining public health and safety crisis in the western United States” today. 72 F. 4th 868, 934 (CA9 2023) (Smith, J., dissenting from denial of rehearing en banc). According to the federal government, homelessness in this country has reached its highest levels since the government began re- porting data on the subject in 2007. Dept. of Housing and Urban Development, Office of Community Planning & De- velopment, T. de Sousa et al., The 2023 Annual Homeless Assessment Report (AHAR) to Congress 2–3 (2023). Cali- fornia alone is home to around half of those in this Nation living without shelter on a given night. Id., at 30. And each of the five States with the highest rates of unsheltered homelessness in the country—California, Oregon, Hawaii, Arizona, and Nevada—lies in the American West. Id., at 17. Those experiencing homelessness may be as diverse as the Nation itself—they are young and old and belong to all races and creeds. People become homeless for a variety of reasons, too, many beyond their control. Some have been affected by economic conditions, rising housing costs, or natural disasters. Id., at 37; see Brief for United States as Amicus Curiae 2–3. Some have been forced from their homes to escape domestic violence and other forms of ex- ploitation. Ibid. And still others struggle with drug addic- tion and mental illness. By one estimate, perhaps 78 per- cent of the unsheltered suffer from mental-health issues, while 75 percent struggle with substance abuse. See J. Rountree, N. Hess, & A. Lyke, Health Conditions Among Unsheltered Adults in the U. S., Calif. Policy Lab, Policy Brief 5 (2019). Those living without shelter often live together. L. Dunton et al., Dept. of Housing and Urban Development, 458 3 Cite as: 603 U. S. ____ (2024) Opinion of the Court Office of Policy Development & Research, Exploring Home- lessness Among People Living in Encampments and Asso- ciated Cost 1 (2020) (2020 HUD Report). As the number of homeless individuals has grown, the number of homeless encampments across the country has increased as well, “in numbers not seen in almost a century.” Ibid. The unshel- tered may coalesce in these encampments for a range of rea- sons. Some value the “freedom” encampment living pro- vides compared with submitting to the rules shelters impose. Dept. of Housing and Urban Development, Office of Policy Development and Research, R. Cohen, W. Yetvin, & J. Khadduri, Understanding Encampments of People Ex- periencing Homelessness and Community Responses 5 (2019). Others report that encampments offer a “sense of community.” Id., at 7. And still others may seek them out for “dependable access to illegal drugs.” Ibid. In brief, the reasons why someone will go without shelter on a given night vary widely by the person and by the day. See ibid. As the number and size of these encampments have grown, so have the challenges they can pose for the home- less and others. We are told, for example, that the “expo- nential increase in . . . encampments in recent years has re- sulted in an increase in crimes both against the homeless and by the homeless.” Brief for California State Sheriffs’ Associations et al. as Amici Curiae 21 (California Sheriffs Brief ). California’s Governor reports that encampment in- habitants face heightened risks of “sexual assault” and “subjugation to sex work.” Brief for California Governor G. Newsom as Amicus Curiae 11 (California Governor Brief ). And by one estimate, more than 40 percent of the shootings in Seattle in early 2022 were linked to homeless encamp- ments. Brief for Washington State Association of Sheriffs and Police Chiefs as Amicus Curiae on Pet. for Cert. 10 (Washington Sheriffs Brief ). Other challenges have arisen as well. Some city officials indicate that encampments facilitate the distribution of 459 4 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court drugs like heroin and fentanyl, which have claimed the lives of so many Americans in recent years. Brief for Office of the San Diego County District Attorney as Amicus Curiae 17–19. Without running water or proper sanitation facili- ties, too, diseases can sometimes spread in encampments and beyond them. Various States say that they have seen typhus, shigella, trench fever, and other diseases reemerge on their city streets. California Governor Brief 12; Brief for Idaho et al. as Amici Curiae 7 (States Brief ). Nor do problems like these affect everyone equally. Of- ten, encampments are found in a city’s “poorest and most vulnerable neighborhoods.” Brief for City and County of San Francisco et al. as Amici Curiae on Pet. for Cert. 5 (San Francisco Cert. Brief ); see also 2020 HUD Report 9. With encampments dotting neighborhood sidewalks, adults and children in these communities are sometimes forced to nav- igate around used needles, human waste, and other haz- ards to make their way to school, the grocery store, or work. San Francisco Cert. Brief 5; States Brief 8; California Gov- ernor Brief 11–12. Those with physical disabilities report this can pose a special challenge for them, as they may lack the mobility to maneuver safely around the encampments. San Francisco Cert. Brief 5; see also Brief for Tiana Tozer et al. as Amici Curiae 1–6 (Tozer Brief ). Communities of all sizes are grappling with how best to address challenges like these. As they have throughout the Nation’s history, charitable organizations “serve as the backbone of the emergency shelter system in this country,” accounting for roughly 40 percent of the country’s shelter beds for single adults on a given night. See National Alli- ance To End Homelessness, Faith-Based Organizations: Fundamental Partners in Ending Homelessness 1 (2017). Many private organizations, city officials, and States have worked, as well, to increase the availability of affordable housing in order to provide more permanent shelter for those in need. See Brief for Local Government Legal Center 460 5 Cite as: 603 U. S. ____ (2024) Opinion of the Court et al. as Amici Curiae 4, 32 (Cities Brief ). But many, too, have come to the conclusion that, as they put it, “[j]ust building more shelter beds and public housing options is al- most certainly not the answer by itself.” Id., at 11. As many cities see it, even as they have expanded shelter capacity and other public services, their unsheltered popu- lations have continued to grow. Id., at 9–11. The city of Seattle, for example, reports that roughly 60 percent of its offers of shelter have been rejected in a recent year. See id., at 28, and n. 26. Officials in Portland, Oregon, indicate that, between April 2022 and January 2024, over 70 percent of their approximately 3,500 offers of shelter beds to home- less individuals were declined. Brief for League of Oregon Cities et al. as Amici Curiae 5 (Oregon Cities Brief ). Other cities tell us that “the vast majority of their homeless popu- lations are not actively seeking shelter and refuse all ser- vices.” Brief for Thirteen California Cities as Amici Curiae 3. Surveys cited by the Department of Justice suggest that only “25–41 percent” of “homeless encampment residents” “willingly” accept offers of shelter beds. See Dept. of Jus- tice, Office of Community Oriented Policing Services, S. Chamard, Homeless Encampments 36 (2010). The reasons why the unsheltered sometimes reject offers of assistance may themselves be many and complex. Some may reject shelter because accepting it would take them further from family and local ties. See Brief for 57 Social Scientists as Amici Curiae 20. Some may decline offers of assistance because of concerns for their safety or the rules some shelters impose regarding curfews, drug use, or reli- gious practices. Id., at 22; see Cities Brief 29. Other factors may also be at play. But whatever the causes, local govern- ments say, this dynamic significantly complicates their ef- forts to address the challenges of homelessness. See id., at 11. Rather than focus on a single policy to meet the chal- 461 6 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court lenges associated with homelessness, many States and cit- ies have pursued a range of policies and programs. See 2020 HUD Report 14–20. Beyond expanding shelter and affordable housing opportunities, some have reinvested in mental-health and substance-abuse treatment programs. See Brief for California State Association of Counties et al. as Amici Curiae 20, 25; see also 2020 HUD Report 23. Some have trained their employees in outreach tactics designed to improve relations between governments and the home- less they serve. Ibid. And still others have chosen to pair these efforts with the enforcement of laws that restrict camping in public places, like parks, streets, and sidewalks. Cities Brief 11. Laws like those are commonplace. By one count, “a ma- jority of cities have laws restricting camping in public spaces,” and nearly forty percent “have one or more laws prohibiting camping citywide.” See Brief for Western Re- gional Advocacy Project as Amicus Curiae 7, n. 15 (empha- sis deleted). Some have argued that the enforcement of these laws can create a “revolving door that circulates indi- viduals experiencing homelessness from the street to the criminal justice system and back.” U. S. Interagency Coun- cil on Homelessness, Searching Out Solutions 6 (2012). But many cities take a different view. According to the National League of Cities (a group that represents more than 19,000 American cities and towns), the National Association of Counties (which represents the Nation’s 3,069 counties) and others across the American West, these public-camping regulations are not usually deployed as a front-line re- sponse “to criminalize homelessness.” Cities Brief 11. In- stead, they are used to provide city employees with the legal authority to address “encampments that pose significant health and safety risks” and to encourage their inhabitants to accept other alternatives like shelters, drug treatment programs, and mental-health facilities. Ibid. 462 7 Cite as: 603 U. S. ____ (2024) Opinion of the Court Cities are not alone in pursuing this approach. The fed- eral government also restricts “the storage of . . . sleeping bags,” as well as other “sleeping activities,” on park lands. 36 CFR §§7.96(i), (j)(1) (2023). And it, too, has exercised that authority to clear certain “dangerous” encampments. National Park Service, Record of Determination for Clear- ing the Unsheltered Encampment at McPherson Square and Temporary Park Closure for Rehabilitation (Feb. 13, 2023). Different governments may use these laws in different ways and to varying degrees. See Cities Brief 11. But many broadly agree that “policymakers need access to the full panoply of tools in the policy toolbox” to “tackle the compli- cated issues of housing and homelessness.” California Gov- ernor Brief 16; accord, Cities Brief 11; Oregon Cities Brief 17. B Five years ago, the U. S. Court of Appeals for the Ninth Circuit took one of those tools off the table. In Martin v. Boise, 920 F. 3d 584 (2019), that court considered a public- camping ordinance in Boise, Idaho, that made it a misde- meanor to use “streets, sidewalks, parks, or public places” for “camping.” Id., at 603 (internal quotation marks omit- ted). According to the Ninth Circuit, the Eighth Amend- ment’s Cruel and Unusual Punishments Clause barred Boise from enforcing its public-camping ordinance against homeless individuals who lacked “access to alternative shelter.” Id., at 615. That “access” was lacking, the court said, whenever “‘there is a greater number of homeless in- dividuals in a jurisdiction than the number of available beds in shelters.’” Id., at 617 (alterations omitted). Accord- ing to the Ninth Circuit, nearly three quarters of Boise’s shelter beds were not “practically available” because the city’s charitable shelters had a “religious atmosphere.” Id., at 609–610, 618. Boise was thus enjoined from enforcing 463 8 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court its camping laws against the plaintiffs. Ibid. No other circuit has followed Martin’s lead with respect to public-camping laws. Nor did the decision go unre- marked within the Ninth Circuit. When the full court de- nied rehearing en banc, several judges wrote separately to note their dissent. In one statement, Judge Bennett argued that Martin was inconsistent with the Cruel and Unusual Punishments Clause. That provision, Judge Bennett con- tended, prohibits certain methods of punishment a govern- ment may impose after a criminal conviction, but it does not “impose [any] substantive limits on what conduct a state may criminalize.” 920 F. 3d, at 599–602. In another state- ment, Judge Smith lamented that Martin had “shackle[d] the hands of public officials trying to redress the serious so- cietal concern of homelessness.” Id., at 590. He predicted the decision would “wrea[k] havoc on local governments, residents, and businesses” across the American West. Ibid. After Martin, similar suits proliferated against Western cities within the Ninth Circuit. As Judge Smith put it, “[i]f one picks up a map of the western United States and points to a city that appears on it, there is a good chance that city has already faced” a judicial injunction based on Martin or the threat of one “in the few short years since [the Ninth Circuit] initiated its Martin experiment.” 72 F. 4th, at 940; see, e.g., Boyd v. San Rafael, 2023 WL 7283885, *1–*2 (ND Cal., Nov. 2, 2023); Fund for Empowerment v. Phoenix, 646 F. Supp. 3d 1117, 1132 (Ariz. 2022); Warren v. Chico, 2021 WL 2894648, *3 (ED Cal., July 8, 2021). Consider San Francisco, where each night thousands sleep “in tents and other makeshift structures.” Brief for City and County of San Francisco et al. as Amici Curiae 8 (San Francisco Brief ). Applying Martin, a district court en- tered an injunction barring the city from enforcing “laws and ordinances to prohibit involuntarily homeless individ- uals from sitting, lying, or sleeping on public property.” Co- alition on Homelessness v. San Francisco, 647 F. Supp. 3d 464 9 Cite as: 603 U. S. ____ (2024) Opinion of the Court 806, 841 (ND Cal. 2022). That “misapplication of this Court’s Eighth Amendment precedents,” the Mayor tells us, has “severely constrained San Francisco’s ability to address the homelessness crisis.” San Francisco Brief 7. The city “uses enforcement of its laws prohibiting camping” not to criminalize homelessness, but “as one important tool among others to encourage individuals experiencing home- lessness to accept services and to help ensure safe and ac- cessible sidewalks and public spaces.” Id., at 7–8. Judicial intervention restricting the use of that tool, the Mayor con- tinues, “has led to painful results on the streets and in neighborhoods.” Id., at 8. “San Francisco has seen over half of its offers of shelter and services rejected by unhoused in- dividuals, who often cite” the Martin order against the city “as their justification to permanently occupy and block pub- lic sidewalks.” Id., at 8–9. An exceptionally large number of cities and States have filed briefs in this Court reporting experiences like San Francisco’s. In the judgment of many of them, the Ninth Circuit has inappropriately “limit[ed] the tools available to local governments for tackling [what is a] complex and dif- ficult human issue.” Oregon Cities Brief 2. The threat of Martin injunctions, they say, has “paralyze[d]” even com- monsense and good-faith efforts at addressing homeless- ness. Brief for City of Phoenix et al. as Amici Curiae 36 (Phoenix Brief ). The Ninth Circuit’s intervention, they in- sist, has prevented local governments from pursuing “effec- tive solutions to this humanitarian crisis while simultane- ously protecting the remaining community’s right to safely enjoy public spaces.” Brief for International Municipal Lawyers Association et al. as Amici Curiae on Pet. for Cert. 27 (Cities Cert. Brief ); States Brief 11 (“State and local gov- ernments in the Ninth Circuit have attempted a variety of solutions to address the problems that public encampments inflict on their communities,” only to have those “efforts . . . shut down by federal courts”). 465 10 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court Many cities further report that, rather than help allevi- ate the homelessness crisis, Martin injunctions have inad- vertently contributed to it. The numbers of “[u]nsheltered homelessness,” they represent, have “increased dramati- cally in the Ninth Circuit since Martin.” Brief for League of Oregon Cities et al. as Amici Curiae on Pet. for Cert. 7 (boldface and capitalization deleted). And, they say, Martin injunctions have contributed to this trend by “weaken[ing]” the ability of public officials “to persuade persons experienc- ing homelessness to accept shelter beds and [other] ser- vices.” Brief for Ten California Cities as Amici Curiae on Pet. for Cert. 2. In Portland, for example, residents report some unsheltered persons “often return within days” of an encampment’s clearing, on the understanding that “Martin . . . and its progeny prohibit the [c]ity from implementing more efficacious strategies.” Tozer Brief 5; Washington Sheriffs Brief 14 (Martin divests officers of the “ability to compel [unsheltered] persons to leave encampments and obtain necessary services”). In short, they say, Martin “make[s] solving this crisis harder.” Cities Cert. Brief 3. All acknowledge “[h]omelessness is a complex and serious social issue that cries out for effective . . . responses.” Ibid. But many States and cities believe “it is crucial” for local governments to “have the latitude” to experiment and find effective responses. Id., at 27; States Brief 13–17. “Injunc- tions and the threat of federal litigation,” they insist, “im- pede this democratic process,” undermine local govern- ments, and do not well serve the homeless or others who live in the Ninth Circuit. Cities Cert. Brief 27–28. C The case before us arises from a Martin injunction issued against the city of Grants Pass. Located on the banks of the Rogue River in southwestern Oregon, the city is home to roughly 38,000 people. Among them are an estimated 600 individuals who experience homelessness on a given day. 466 11 Cite as: 603 U. S. ____ (2024) Opinion of the Court 72 F. 4th, at 874; App. to Pet. for Cert. 167a–168a; 212a– 213a. Like many American cities, Grants Pass has laws re- stricting camping in public spaces. Three are relevant here. The first prohibits sleeping “on public sidewalks, streets, or alleyways.” Grants Pass Municipal Code §5.61.020(A) (2023); App. to Pet. for Cert. 221a. The second prohibits “[c]amping” on public property. §5.61.030; App. to Pet. for Cert. 222a (boldface deleted). Camping is defined as “set[ting] up . . . or remain[ing] in or at a campsite,” and a “[c]ampsite” is defined as “any place where bedding, sleep- ing bag[s], or other material used for bedding purposes, or any stove or fire is placed . . . for the purpose of maintaining a temporary place to live.” §§5.61.010(A)–(B); App. to Pet. for Cert. 221a. The third prohibits “[c]amping” and “[o]ver- night parking” in the city’s parks. §§6.46.090(A)–(B); 72 F. 4th, at 876. Penalties for violating these ordinances es- calate stepwise. An initial violation may trigger a fine. §§1.36.010(I)–(J). Those who receive multiple citations may be subject to an order barring them from city parks for 30 days. §6.46.350; App. to Pet. for Cert. 174a. And, in turn, violations of those orders can constitute criminal trespass, punishable by a maximum of 30 days in prison and a $1,250 fine. Ore. Rev. Stat. §§164.245, 161.615(3), 161.635(1)(c) (2023). Neither of the named plaintiffs before us has been sub- jected to an order barring them from city property or to criminal trespass charges. Perhaps that is because the city has traditionally taken a light-touch approach to enforce- ment. The city’s officers are directed “to provide law en- forcement services to all members of the community while protecting the rights, dignity[,] and private property of the homeless.” App. 152, Grants Pass Dept. of Public Safety Policy Manual ¶428.1.1 (Dec. 17, 2018). Officers are in- structed that “[h]omelessness is not a crime.” Ibid. And they are “encouraged” to render “aid” and “support” to the 467 12 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court homeless whenever possible. Id., at 153, ¶428.3.1 Still, shortly after the panel decision in Martin, two homeless individuals, Gloria Johnson and John Logan, filed suit challenging the city’s public-camping laws. App. 37, Third Amended Complaint ¶¶6–7. They claimed, among other things, that the city’s ordinances violated the Eighth Amendment’s Cruel and Unusual Punishments Clause. Id., at 51, ¶66. And they sought to pursue their claim on behalf of a class encompassing “all involuntarily homeless people living in Grants Pass.” Id., at 48, ¶52.2 The district court certified the class action and enjoined the city from enforcing its public-camping laws against the homeless. While Ms. Johnson and Mr. Logan generally sleep in their vehicles, the court held, they could adequately represent the class, for sleeping in a vehicle can sometimes count as unlawful “‘camping’” under the relevant ordi- nances. App. to Pet. for Cert. 219a (quoting Grants Pass Municipal Code §5.61.010). And, the court found, everyone —————— 1The dissent cites minutes from a community roundtable meeting to suggest that officials in Grants Pass harbored only punitive motives when adopting their camping ban. Post, at 13–14 (opinion of SOTOMAYOR, J.). But the dissent tells at best half the story about that meeting. In his opening remarks, the Mayor stressed that the city’s goal was to “find a balance between providing the help [homeless] people need and not en- abling . . . aggressive negative behavior” some community members had experienced. App. 112. And, by all accounts, the “purpose” of the meet- ing was to “develo[p] strategies to . . . connect [homeless] people to ser- vices.” Ibid. The city manager and others explained that the city was dealing with problems of “harassment” and “defecation in public places” by those who seemingly “do not want to receive services.” Id., at 113, 118–120. At the same time, they celebrated “the strong commitment” from “faith-based entities” and a “huge number of people” in the city, who have “come together for projects” to support the homeless, including by securing “funding for a sobering center.” Id., at 115, 123. 2Another named plaintiff, Debra Blake, passed away while this case was pending in the Ninth Circuit, and her claims are not before us. 72 F. 4th 868, 880, n. 12 (2023). Before us, the city does not dispute that the remaining named plaintiffs face a credible threat of sanctions under its ordinances. 468 13 Cite as: 603 U. S. ____ (2024) Opinion of the Court without shelter in Grants Pass was “involuntarily home- less” because the city’s total homeless population outnum- bered its “‘practically available’” shelter beds. App. to Pet. for Cert. 179a, 216a. In fact, the court ruled, none of the beds at Grants Pass’s charity-run shelter qualified as “available.” They did not, the court said, both because that shelter offers something closer to transitional housing than “temporary emergency shelter,” and because the shelter has rules requiring residents to abstain from smoking and attend religious services. Id., at 179a–180a. The Eighth Amendment, the district court thus concluded, prohibited Grants Pass from enforcing its laws against homeless indi- viduals in the city. Id., at 182a–183a. A divided panel of the Ninth Circuit affirmed in relevant part. 72 F. 4th, at 874–896. The majority agreed with the district court that all unsheltered individuals in Grants Pass qualify as “involuntarily homeless” because the city’s homeless population exceeds “available” shelter beds. Id., at 894. And the majority further agreed that, under Mar- tin, the homeless there cannot be punished for camping with “rudimentary forms of protection from the elements.” 72 F. 4th, at 896. In dissent, Judge Collins questioned Mar- tin’s consistency with the Eighth Amendment and la- mented its “dire practical consequences” for the city and others like it. 72 F. 4th, at 914 (internal quotation marks omitted). The city sought rehearing en banc, which the court de- nied over the objection of 17 judges who joined five separate opinions. Id., at 869, 924–945. Judge O’Scannlain, joined by 14 judges, criticized Martin’s “jurisprudential experi- ment” as “egregiously flawed and deeply damaging—at war with the constitutional text, history, and tradition.” 72 F. 4th, at 925, 926, n. 2. Judge Bress, joined by 11 judges, contended that Martin has “add[ed] enormous and unjusti- fied complication to an already extremely complicated set of circumstances.” 72 F. 4th, at 945. And Judge Smith, 469 14 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court joined by several others, described in painstaking detail the ways in which, in his view, Martin had thwarted good-faith attempts by cities across the West, from Phoenix to Sacra- mento, to address homelessness. 72 F. 4th, at 934, 940– 943. Grants Pass filed a petition for certiorari. A large num- ber of States, cities, and counties from across the Ninth Cir- cuit and the country joined Grants Pass in urging the Court to grant review to assess the Martin experiment. See Part I–B, supra. We agreed to do so. 601 U. S. ___ (2024).3 —————— 3Supporters of Grants Pass’s petition for certiorari included: The cities of Albuquerque, Anchorage, Chico, Chino, Colorado Springs, Fillmore, Garden Grove, Glendora, Henderson, Honolulu, Huntington Beach, Las Vegas, Los Angeles, Milwaukee, Murrieta, Newport Beach, Orange, Phoenix, Placentia, Portland, Providence, Redondo Beach, Roseville, Saint Paul, San Clemente, San Diego, San Francisco, San Juan Ca- pistrano, Seattle, Spokane, Tacoma, and Westminster; the National League of Cities, representing more than 19,000 American cities and towns; the League of California Cities, representing 477 California cities; the League of Oregon Cities, representing Oregon’s 241 cities; the Asso- ciation of Idaho Cities, representing Idaho’s 199 cities; the League of Ar- izona Cities and Towns, representing all 91 incorporated Arizona munic- ipalities; the North Dakota League of Cities, comprising 355 cities; the Counties of Honolulu, San Bernardino, San Francisco, and Orange; the National Association of Counties, which represents the Nation’s 3,069 counties; the California State Association of Counties, representing Cal- ifornia’s 58 counties; the Special Districts Association of Oregon, repre- senting all of Oregon’s special districts; the Washington State Associa-tion of Municipal Attorneys, a nonprofit corporation comprising attorneys representing Washington’s 281 cities and towns; the Interna- tional Municipal Lawyers Association, the largest association of attor- neys representing municipalities, counties, and special districts across the country; the District Attorneys of Sacramento and San Diego Coun- ties, the California State Sheriffs’ Association, the California Police Chiefs Association, and the Washington State Association of Sheriffs and Police Chiefs; California Governor Gavin Newsom and San Francisco Mayor London Breed; and a group of 20 States: Alabama, Alaska, Ar- kansas, Florida, Idaho, Indiana, Kansas, Louisiana, Mississippi, Mis- souri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and West Virginia. 470 15 Cite as: 603 U. S. ____ (2024) Opinion of the Court II A The Constitution and its Amendments impose a number of limits on what governments in this country may declare to be criminal behavior and how they may go about enforc- ing their criminal laws. Familiarly, the First Amendment prohibits governments from using their criminal laws to abridge the rights to speak, worship, assemble, petition, and exercise the freedom of the press. The Equal Protection Clause of the Fourteenth Amendment prevents govern- ments from adopting laws that invidiously discriminate be- tween persons. The Due Process Clauses of the Fifth and Fourteenth Amendments ensure that officials may not dis- place certain rules associated with criminal liability that are “so old and venerable,” “‘so rooted in the traditions and conscience of our people[,] as to be ranked as fundamental.’” Kahler v. Kansas, 589 U. S. 271, 279 (2020) (quoting Leland v. Oregon, 343 U. S. 790, 798 (1952)). The Fifth and Sixth Amendments require prosecutors and courts to observe var- ious procedures before denying any person of his liberty, promising for example that every person enjoys the right to confront his accusers and have serious criminal charges re- solved by a jury of his peers. One could go on. But if many other constitutional provisions address what a government may criminalize and how it may go about se- curing a conviction, the Eighth Amendment’s prohibition against “cruel and unusual punishments” focuses on what happens next. That Clause “has always been considered, and properly so, to be directed at the method or kind of pun- ishment” a government may “impos[e] for the violation of criminal statutes.” Powell v. Texas, 392 U. S. 514, 531–532 (1968) (plurality opinion). We have previously discussed the Clause’s origins and meaning. In the 18th century, English law still “formally tolerated” certain barbaric punishments like “disembowel- ing, quartering, public dissection, and burning alive,” even 471 16 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court though those practices had by then “fallen into disuse.” Bucklew v. Precythe, 587 U. S. 119, 130 (2019) (citing 4 W. Blackstone, Commentaries on the Laws of England 370 (1769) (Blackstone)). The Cruel and Unusual Punishments Clause was adopted to ensure that the new Nation would never resort to any of those punishments or others like them. Punishments like those were “cruel” because they were calculated to “‘superad[d]’” “‘terror, pain, or dis- grace.’” 587 U. S., at 130 (quoting 4 Blackstone 370). And they were “unusual” because, by the time of the Amend- ment’s adoption, they had “long fallen out of use.” 587 U. S., at 130. Perhaps some of those who framed our Constitution thought, as Justice Story did, that a guarantee against those kinds of “atrocious” punishments would prove “unnec- essary” because no “free government” would ever employ anything like them. 3 J. Story, Commentaries on the Con- stitution of the United States §1896, p. 750 (1833). But in adopting the Eighth Amendment, the framers took no chances. All that would seem to make the Eighth Amendment a poor foundation on which to rest the kind of decree the plaintiffs seek in this case and the Ninth Circuit has en- dorsed since Martin. The Cruel and Unusual Punishments Clause focuses on the question what “method or kind of punishment” a government may impose after a criminal conviction, not on the question whether a government may criminalize particular behavior in the first place or how it may go about securing a conviction for that offense. Powell, 392 U. S., at 531–532. To the extent the Constitution speaks to those other matters, it does so, as we have seen, in other provisions. Nor, focusing on the criminal punishments Grant Pass imposes, can we say they qualify as cruel and unusual. Re- call that, under the city’s ordinances, an initial offense may trigger a civil fine. Repeat offenses may trigger an order temporarily barring an individual from camping in a public 472 17 Cite as: 603 U. S. ____ (2024) Opinion of the Court park. Only those who later violate an order like that may face a criminal punishment of up to 30 days in jail and a larger fine. See Part I–C, supra. None of the city’s sanc- tions qualifies as cruel because none is designed to “su- perad[d]” “terror, pain, or disgrace.” Bucklew, 587 U. S., at 130 (internal quotation marks omitted). Nor are the city’s sanctions unusual, because similar punishments have been and remain among “the usual mode[s]” for punishing of- fenses throughout the country. Pervear v. Commonwealth, 5 Wall. 475, 480 (1867); see 4 Blackstone 371–372; Timbs v. Indiana, 586 U. S. 146, 165 (2019) (Thomas J., concurring in judgment) (describing fines as “‘the drudge-horse of criminal justice, probably the most common form of punish- ment’” (some internal quotation marks omitted)). In fact, large numbers of cities and States across the country have long employed, and today employ, similar punishments for similar offenses. See Part I–A, supra; Brief for Professor John F. Stinneford as Amicus Curiae 7–13 (collecting his- torical and contemporary examples). Notably, neither the plaintiffs nor the dissent meaningfully contests any of this. See Brief for Respondents 40.4 B Instead, the plaintiffs and the dissent pursue an entirely different theory. They do not question that, by its terms, the Cruel and Unusual Punishments Clause speaks to the question what punishments may follow a criminal convic- tion, not to antecedent questions like what a State may criminalize or how it may go about securing a conviction. Yet, echoing the Ninth Circuit in Martin, they insist one notable exception exists. —————— 4This Court has never held that the Cruel and Unusual Punishments Clause extends beyond criminal punishments to civil fines and orders, see Ingraham v. Wright, 430 U. S. 651, 666–668 (1977), nor does this case present any occasion to do so for none of the city’s sanctions defy the Clause. 473 18 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court In Robinson v. California, 370 U. S. 660 (1962), the plain- tiffs and the dissent observe, this Court addressed a chal- lenge to a criminal conviction under a California statute providing that “‘[n]o person shall . . . be addicted to the use of narcotics.’” Ibid., n. 1. In response to that challenge, the Court invoked the Cruel and Unusual Punishments Clause to hold that California could not enforce its law making “the ‘status’ of narcotic addiction a criminal offense.” Id., at 666. The Court recognized that “imprisonment for ninety days is not, in the abstract, a punishment which is either cruel or unusual.” Id., at 667. But, the Court reasoned, when pun- ishing “‘status,’” “[e]ven one day in prison would be . . . cruel and unusual.” Id., at 666–667. In doing so, the Court stressed the limits of its decision. It would have ruled differently, the Court said, if California had sought to convict the defendant for, say, the knowing or intentional “use of narcotics, for their purchase, sale, or possession, or for antisocial or disorderly behavior resulting from their administration.” Id., at 666. In fact, the Court took pains to emphasize that it did not mean to cast doubt on the States’ “broad power” to prohibit behavior like that, even by those, like the defendant, who suffered from addic- tion. Id., at 664, 667–668. The only problem, as the Court saw it, was that California’s law did not operate that way. Instead, it made the mere status of being an addict a crime. Id., at 666–667. And it was that feature of the law, the Court held, that went too far. Reaching that conclusion under the banner of the Eighth Amendment may have come as a surprise to the litigants. Mr. Robinson challenged his conviction principally on the ground that it offended the Fourteenth Amendment’s guar- antee of due process of law. As he saw it, California’s law violated due process because it purported to make unlawful a “status” rather than the commission of any “volitional act.” See Brief for Appellant in Robinson v. California, O. T. 1961, No. 61–554, p. 13 (Robinson Brief ). 474 19 Cite as: 603 U. S. ____ (2024) Opinion of the Court That framing may have made some sense. Our due pro- cess jurisprudence has long taken guidance from the “set- tled usage[s] . . . in England and in this country.” Hurtado v. California, 110 U. S. 516, 528 (1884); see also Kahler, 589 U. S., at 279. And, historically, crimes in England and this country have usually required proof of some act (or actus reus) undertaken with some measure of volition (mens rea). At common law, “a complete crime” generally required “both a will and an act.” 4 Blackstone 21. This view “took deep and early root in American soil” where, to this day, a crime ordinarily arises “only from concurrence of an evil- meaning mind with an evil-doing hand.” Morissette v. United States, 342 U. S. 246, 251–252 (1952). Measured against these standards, California’s law was an anomaly, as it required proof of neither of those things. Mr. Robinson’s resort to the Eighth Amendment was comparatively brief. He referenced it only in passing, and only for the proposition that forcing a drug addict like him- self to go “‘cold turkey’” in a jail cell after conviction en- tailed such “intense mental and physical torment” that it was akin to “the burning of witches at the stake.” Robinson Brief 30. The State responded to that argument with barely a paragraph of analysis, Brief for Appellee in Robinson v. California, O. T. 1961, No. 61–554, pp. 22–23, and it re- ceived virtually no attention at oral argument. By almost every indication, then, Robinson was set to be a case about the scope of the Due Process Clause, or perhaps an Eighth Amendment case about whether forcing an addict to with- draw from drugs after conviction qualified as cruel and un- usual punishment. Of course, the case turned out differently. Bypassing Mr. Robinson’s primary Due Process Clause argument, the Court charted its own course, reading the Cruel and Unu- sual Punishments Clause to impose a limit not just on what punishments may follow a criminal conviction but what a 475 20 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court State may criminalize to begin with. It was a view unprec- edented in the history of the Court before 1962. In dissent, Justice White lamented that the majority had embraced an “application of ‘cruel and unusual punishment’ so novel that” it could not possibly be “ascribe[d] to the Framers of the Constitution.” 370 U. S., at 689. Nor, in the 62 years since Robinson, has this Court once invoked it as authority to decline the enforcement of any criminal law, leaving the Eighth Amendment instead to perform its traditional func- tion of addressing the punishments that follow a criminal conviction. Still, no one has asked us to reconsider Robinson. Nor do we see any need to do so today. Whatever its persuasive force as an interpretation of the Eighth Amendment, it can- not sustain the Ninth Circuit’s course since Martin. In Rob- inson, the Court expressly recognized the “broad power” States enjoy over the substance of their criminal laws, stressing that they may criminalize knowing or intentional drug use even by those suffering from addiction. 370 U. S., at 664, 666. The Court held only that a State may not crim- inalize the “‘status’” of being an addict. Id., at 666. In crim- inalizing a mere status, Robinson stressed, California had taken a historically anomalous approach toward criminal liability. One, in fact, this Court has not encountered since Robinson itself. Public camping ordinances like those before us are noth- ing like the law at issue in Robinson. Rather than crimi- nalize mere status, Grants Pass forbids actions like “oc- cupy[ing] a campsite” on public property “for the purpose of maintaining a temporary place to live.” Grants Pass Mu- nicipal Code §§5.61.030, 5.61.010; App. to Pet. for Cert. 221a–222a. Under the city’s laws, it makes no difference whether the charged defendant is homeless, a backpacker on vacation passing through town, or a student who aban- dons his dorm room to camp out in protest on the lawn of a municipal building. See Part I–C, supra; Blake v. Grants 476 21 Cite as: 603 U. S. ____ (2024) Opinion of the Court Pass, No. 1:18–cv–01823 (D Ore.), ECF Doc. 63–4, pp. 2, 16; Tr. of Oral Arg. 159. In that respect, the city’s laws parallel those found in countless jurisdictions across the country. See Part I–A, supra. And because laws like these do not criminalize mere status, Robinson is not implicated.5 C If Robinson does not control this case, the plaintiffs and the dissent argue, we should extend it so that it does. Per- haps a person does not violate ordinances like Grants Pass’s simply by being homeless but only by engaging in certain acts (actus rei) with certain mental states (mentes reae). Still, the plaintiffs and the dissent insist, laws like these seek to regulate actions that are in some sense “involun- tary,” for some homeless persons cannot help but do what the law forbids. See Brief for Respondents 24–25, 29, 32; post, at 16–17 (opinion of SOTOMAYOR, J.). And, the plain- tiffs and the dissent continue, we should extend Robinson to prohibit the enforcement of laws that operate this way— laws that don’t proscribe status as such but that proscribe acts, even acts undertaken with some required mental state, the defendant cannot help but undertake. Post, at 16–17. To rule otherwise, the argument goes, would “‘effec- tively’” allow cities to punish a person because of his status. Post, at 25. The Ninth Circuit pursued just this line of thinking below and in Martin. The problem is, this Court has already rejected that view. —————— 5At times, the dissent seems to suggest, mistakenly, that laws like Grants Pass’s apply only to the homeless. See post, at 13. That view finds no support in the laws before us. Perhaps the dissent means to suggest that some cities selectively “enforce” their public-camping laws only against homeless persons. See post, at 17–19. But if that’s the dis- sent’s theory, it is not one that arises under the Eighth Amendment’s Cruel and Unusual Punishments Clause. Instead, if anything, it may implicate due process and our precedents regarding selective prosecu- tion. See, e.g., United States v. Armstrong, 517 U. S. 456 (1996). No claim like that is before us in this case. 477 22 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court In Powell v. Texas, 392 U. S. 514 (1968), the Court con- fronted a defendant who had been convicted under a Texas statute making it a crime to “‘get drunk or be found in a state of intoxication in any public place.’” Id., at 517 (plu- rality opinion). Like the plaintiffs here, Mr. Powell argued that his drunkenness was an “‘involuntary’” byproduct of his status as an alcoholic. Id., at 533. Yes, the statute re- quired proof of an act (becoming drunk or intoxicated and then proceeding into public), and perhaps some associated mental state (for presumably the defendant knew he was drinking and maybe even knew he made his way to a public place). Still, Mr. Powell contended, Texas’s law effectively criminalized his status as an alcoholic because he could not help but doing as he did. Ibid. Justice Fortas embraced that view, but only in dissent: He would have extended Robinson to cover conduct that flows from any “condition [the defendant] is powerless to change.” 392 U. S., at 567 (Fortas, J., dissenting). The Court did not agree. Writing for a plurality, Justice Marshall observed that Robinson had authorized “a very small” intrusion by courts “into the substantive criminal law” “under the aegis of the Cruel and Unusual Punish- ment[s] Clause.” 392 U. S., at 533. That small intrusion, Justice Marshall said, prevents States only from enforcing laws that criminalize “a mere status.” Id., at 532. It does nothing to curtail a State’s authority to secure a conviction when “the accused has committed some act . . . society has an interest in preventing.” Id., at 533. That remains true, Justice Marshall continued, regardless whether the defend- ant’s act “in some sense” might be described as “‘involun- tary’ or ‘occasioned by’” a particular status. Ibid. (emphasis added). In this, Justice Marshall echoed Robinson itself, where the Court emphasized that California remained free to criminalize intentional or knowing drug use even by ad- dicts whose conduct, too, in some sense could be considered involuntary. See Robinson, 370 U. S., at 664, 666. Based 478 23 Cite as: 603 U. S. ____ (2024) Opinion of the Court on all this, Justice Marshall concluded, because the defend- ant before the Court had not been convicted “for being” an “alcoholic, but for [engaging in the act of] being in public while drunk on a particular occasion,” Robinson did not ap- ply. Powell, 392 U. S., at 532.6 This case is no different from Powell. Just as there, the plaintiffs here seek to expand Robinson’s “small” intrusion “into the substantive criminal law.” Just as there, the plaintiffs here seek to extend its rule beyond laws address- ing “mere status” to laws addressing actions that, even if undertaken with the requisite mens rea, might “in some sense” qualify as “‘involuntary.’” And just as Powell could find nothing in the Eighth Amendment permitting that course, neither can we. As we have seen, Robinson already sits uneasily with the Amendment’s terms, original mean- ing, and our precedents. Its holding is restricted to laws that criminalize “mere status.” Nothing in the decision called into question the “broad power” of States to regulate acts undertaken with some mens rea. And, just as in Pow- ell, we discern nothing in the Eighth Amendment that might provide us with lawful authority to extend Robinson beyond its narrow holding. —————— 6Justice White, who cast the fifth vote upholding the conviction, con- curred in the result. Writing only for himself, Justice White expressed some sympathy for Justice Fortas’s theory, but ultimately deemed that “novel construction” of the Eighth Amendment “unnecessary to pursue” because the defendant hadn’t proven that his alcoholism made him “un- able to stay off the streets on the night in question.” 392 U. S., at 552, n. 4, 553–554 (White, J., concurring in result). In Martin, the Ninth Cir- cuit suggested Justice White’s solo concurrence somehow rendered the Powell dissent controlling and the plurality a dissent. See Martin v. Boise, 920 F. 3d 584, 616–617 (2019). Before us, neither the plaintiffs nor the dissent defend that theory, and for good reason: In the years since Powell, this Court has repeatedly relied on Justice Marshall’s opin- ion, as we do today. See, e.g., Kahler v. Kansas, 589 U. S. 271, 280 (2020); Clark v. Arizona, 548 U. S. 735, 768, n. 38 (2006); Jones v. United States, 463 U. S. 354, 365, n. 13 (1983). 479 24 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court To be sure, and once more, a variety of other legal doc- trines and constitutional provisions work to protect those in our criminal justice system from a conviction. Like some other jurisdictions, Oregon recognizes a “necessity” defense to certain criminal charges. It may be that defense extends to charges for illegal camping when it comes to those with nowhere else to go. See State v. Barrett, 302 Ore. App. 23, 28, 460 P. 3d 93, 96 (2020) (citing Ore. Rev. Stat. §161.200). Insanity, diminished-capacity, and duress defenses also may be available in many jurisdictions. See Powell, 392 U. S., at 536. States and cities are free as well to add addi- tional substantive protections. Since this litigation began, for example, Oregon itself has adopted a law specifically ad- dressing how far its municipalities may go in regulating public camping. See, e.g., Ore. Rev. Stat. §195.530(2) (2023). For that matter, nothing in today’s decision pre- vents States, cities, and counties from going a step further and declining to criminalize public camping altogether. For its part, the Constitution provides many additional limits on state prosecutorial power, promising fair notice of the laws and equal treatment under them, forbidding selective prosecutions, and much more besides. See Part II–A, supra; and n. 5, supra. All this represents only a small sample of the legion protections our society affords a presumptively free individual from a criminal conviction. But aside from Robinson, a case directed to a highly unusual law that con- demned status alone, this Court has never invoked the Eighth Amendment’s Cruel and Unusual Punishments Clause to perform that function. D Not only did Powell decline to extend Robinson to “invol- untary” acts, it stressed the dangers that would likely at- tend any attempt to do so. Were the Court to pursue that path in the name of the Eighth Amendment, Justice Mar- shall warned, “it is difficult to see any limiting principle 480 25 Cite as: 603 U. S. ____ (2024) Opinion of the Court that would serve to prevent this Court from becoming . . . the ultimate arbiter of the standards of criminal responsi- bility, in diverse areas of the criminal law, throughout the country.” Powell, 392 U. S., at 533. After all, nothing in the Amendment’s text or history exists to “confine” or guide our review. Id., at 534. Unaided by those sources, we would be left “to write into the Constitution” our own “formulas,” many of which would likely prove unworkable in practice. Id., at 537. Along the way, we would interfere with “essen- tial considerations of federalism” that reserve to the States primary responsibility for drafting their own criminal laws. Id., at 535. In particular, Justice Marshall observed, extending Rob- inson to cover involuntary acts would effectively “impe[l]” this Court “into defining” something akin to a new “insanity test in constitutional terms.” 392 U. S., at 536. It would because an individual like the defendant in Powell does not dispute that he has committed an otherwise criminal act with the requisite mens rea, yet he seeks to be excused from “moral accountability” because of his “‘condition.’” Id., at 535–536. And “[n]othing,” Justice Marshall said, “could be less fruitful than for this Court” to try to resolve for the Na- tion profound questions like that under a provision of the Constitution that does not speak to them. Id., at 536. In- stead, Justice Marshall reasoned, such matters are gener- ally left to be resolved through “productive” democratic “di- alogue” and “experimentation,” not by “freez[ing]” any particular, judicially preferred approach “into a rigid con- stitutional mold.” Id., at 537. We recently reemphasized that last point in Kahler v. Kansas in the context of a Due Process Clause challenge. Drawing on Justice Marshall’s opinion in Powell, we acknowledged that “a state rule about criminal liability” may violate due process if it departs from a rule “so rooted in the traditions” of this Nation that it might be said to 481 26 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court “ran[k] as fundamental.” 589 U. S., at 279 (internal quota- tion marks omitted). But, we stressed, questions about whether an individual who has committed a proscribed act with the requisite mental state should be “reliev[ed of] re- sponsibility,” id., at 283, due to a lack of “moral culpability,” id., at 286, are generally best resolved by the people and their elected representatives. Those are questions, we said, “of recurrent controversy” to which history supplies few “en- trenched” answers, and on which the Constitution gener- ally commands “no one view.” Id., at 296. The Ninth Circuit’s Martin experiment defied these les- sons. Under Martin, judges take from elected representa- tives the questions whether and when someone who has committed a proscribed act with a requisite mental state should be “relieved of responsibility” for lack of “moral cul- pability.” 598 U. S., at 283, 286. And Martin exemplifies much of what can go wrong when courts try to resolve mat- ters like those unmoored from any secure guidance in the Constitution. Start with this problem. Under Martin, cities must allow public camping by those who are “involuntarily” homeless. 72 F. 4th, at 877 (citing Martin, 920 F. 3d, at 617, n. 8). But how are city officials and law enforcement officers to know what it means to be “involuntarily” homeless, or whether any particular person meets that standard? Posing the questions may be easy; answering them is not. Is it enough that a homeless person has turned down an offer of shelter? Or does it matter why? Cities routinely confront individu- als who decline offers of shelter for any number of reasons, ranging from safety concerns to individual preferences. See Part I–A, supra. How are cities and their law enforcement officers on the ground to know which of these reasons are sufficiently weighty to qualify a person as “involuntarily” homeless? If there are answers to those questions, they cannot be found in the Cruel and Unusual Punishments Clause. Nor 482 27 Cite as: 603 U. S. ____ (2024) Opinion of the Court do federal judges enjoy any special competence to provide them. Cities across the West report that the Ninth Circuit’s ill-defined involuntariness test has proven “unworkable.” Oregon Cities Brief 3; see Phoenix Brief 11. The test, they say, has left them “with little or no direction as to the scope of their authority in th[eir] day-to-day policing contacts,” California Sheriffs Brief 6, and under “threat of federal lit- igation . . . at all times and in all circumstances,” Oregon Cities Brief 6–7. To be sure, Martin attempted to head off these complexi- ties through some back-of-the-envelope arithmetic. The Ninth Circuit said a city needs to consider individuals “in- voluntarily” homeless (and thus entitled to camp on public property) only when the overall homeless population ex- ceeds the total number of “adequate” and “practically avail- able” shelter beds. See 920 F. 3d, at 617–618, and n. 8. But as sometimes happens with abstract rules created by those far from the front lines, that test has proven all but impos- sible to administer in practice. City officials report that it can be “monumentally diffi- cult” to keep an accurate accounting of those experiencing homelessness on any given day. Los Angeles Cert. Brief 14. Often, a city’s homeless population “fluctuate[s] dramati- cally,” in part because homelessness is an inherently dy- namic status. Brief for City of San Clemente as Amicus Cu- riae 16 (San Clemente Brief ). While cities sometimes make rough estimates based on a single point-in-time count, they say it would be “impossibly expensive and difficult” to un- dertake that effort with any regularity. Id., at 17. In Los Angeles, for example, it takes three days to count the home- less population block-by-block—even with the participation of thousands of volunteers. Martin, 920 F. 3d, at 595 (Smith, J., dissenting from denial of rehearing en banc). Beyond these complexities, more await. Suppose even large cities could keep a running tally of their homeless cit- izens forevermore. And suppose further that they could 483 28 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court keep a live inventory of available shelter beds. Even so, cit- ies face questions over which shelter beds count as “ade- quate” and “available” under Martin. Id., at 617, and n. 8. Rather than resolve the challenges associated with defining who qualifies as “involuntarily” homeless, these standards more nearly return us to them. Is a bed “available” to a smoker if the shelter requires residents to abstain from nic- otine, as the shelter in Grants Pass does? 72 F. 4th, at 896; App. 39, Third Amended Complaint ¶13. Is a bed “availa- ble” to an atheist if the shelter includes “religious” messag- ing? 72 F. 4th, at 877. And how is a city to know whether the accommodations it provides will prove “adequate” in later litigation? 920 F. 3d, at 617, n. 8. Once more, a large number of cities in the Ninth Circuit tell us they have no way to be sure. See, e.g., Phoenix Brief 28; San Clemente Brief 8–12; Brief for City of Los Angeles as Amicus Curiae 22–23 (“What may be available, appropriate, or actually beneficial to one [homeless] person, might not be so to an- other”). Consider an example. The city of Chico, California, thought it was complying with Martin when it constructed an outdoor shelter facility at its municipal airport to accom- modate its homeless population. Warren v. Chico, 2021 WL 2894648, *3 (ED Cal., July 8, 2021). That shelter, we are told, included “protective fencing, large water totes, hand- washing stations, portable toilets, [and] a large canopy for shade.” Brief for City of Chico as Amicus Curiae on Pet. for Cert. 16. Still, a district court enjoined the city from enforc- ing its public-camping ordinance. Why? Because, in that court’s view, “appropriate” shelter requires “‘indoo[r],’” not outdoor, spaces. Warren, 2021 WL 2894648, *3 (quoting Martin, 920 F. 3d, at 617). One federal court in Los Angeles ruled, during the COVID pandemic, that “adequate” shelter must also include nursing staff, testing for communicable diseases, and on-site security, among other things. See LA Alliance for Hum. Rights v. Los Angeles, 2020 WL 2512811, 484 29 Cite as: 603 U. S. ____ (2024) Opinion of the Court *4 (CD Cal., May 15, 2020). By imbuing the availability of shelter with constitutional significance in this way, many cities tell us, Martin and its progeny have “paralyzed” com- munities and prevented them from implementing even pol- icies designed to help the homeless while remaining sensi- tive to the limits of their resources and the needs of other citizens. Cities Cert. Brief 4 (boldface and capitalization deleted). There are more problems still. The Ninth Circuit held that “involuntarily” homeless individuals cannot be pun- ished for camping with materials “necessary to protect themselves from the elements.” 72 F. 4th, at 896. It sug- gested, too, that cities cannot proscribe “life-sustaining act[s]” that flow necessarily from homelessness. 72 F. 4th, at 921 (joint statement of Silver and Gould, JJ., regarding denial of rehearing). But how far does that go? The plain- tiffs before us suggest a blanket is all that is required in Grants Pass. Brief for Respondents 14. But might a colder climate trigger a right to permanent tent encampments and fires for warmth? Because the contours of this judicial right are so “uncertai[n],” cities across the West have been left to guess whether Martin forbids their officers from removing everything from tents to “portable heaters” on city side- walks. Brief for City of Phoenix et al. on Pet. for Cert. 19, 29 (Phoenix Cert. Brief ). There is uncertainty, as well, over whether Martin requires cities to tolerate other acts no less “attendant [to] survival” than sleeping, such as starting fires to cook food and “public urination [and] defecation.” Phoenix Cert. Brief 29–30; see also Mahoney v. Sacramento, 2020 WL 616302, *3 (ED Cal., Feb. 10, 2020) (indicating that “the [c]ity may not prosecute or otherwise penalize the [homeless] for eliminating in public if there is no alterna- tive to doing so”). By extending Robinson beyond the nar- row class of status crimes, the Ninth Circuit has created a right that has proven “impossible” for judges to delineate except “by fiat.” Powell, 392 U. S., at 534. 485 30 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court Doubtless, the Ninth Circuit’s intervention in Martin was well-intended. But since the trial court entered its injunc- tion against Grants Pass, the city shelter reports that utili- zation of its resources has fallen by roughly 40 percent. See Brief for Grants Pass Gospel Rescue Mission as Amicus Cu- riae 4–5. Many other cities offer similar accounts about their experiences after Martin, telling us the decision has made it more difficult, not less, to help the homeless accept shelter off city streets. See Part I–B, supra (recounting ex- amples). Even when “policymakers would prefer to invest in more permanent” programs and policies designed to ben- efit homeless and other citizens, Martin has forced these “overwhelmed jurisdictions to concentrate public resources on temporary shelter beds.” Cities Brief 25; see Oregon Cit- ies Brief 17–20; States Brief 16–17. As a result, cities re- port, Martin has undermined their efforts to balance con- flicting public needs and mired them in litigation at a time when the homelessness crisis calls for action. See States Brief 16–17. All told, the Martin experiment is perhaps just what Jus- tice Marshall anticipated ones like it would be. The Eighth Amendment provides no guidance to “confine” judges in de- ciding what conduct a State or city may or may not pro- scribe. Powell, 392 U. S., at 534. Instead of encouraging “productive dialogue” and “experimentation” through our democratic institutions, courts have frozen in place their own “formulas” by “fiat.” Id., at 534, 537. Issued by federal courts removed from realities on the ground, those rules have produced confusion. And they have interfered with “essential considerations of federalism,” taking from the people and their elected leaders difficult questions tradi- tionally “thought to be the[ir] province.” Id., at 535–536.7 —————— 7The dissent suggests we cite selectively to the amici and “see only what [we] wan[t]” in their briefs. Post, at 24. In fact, all the States, cities, and counties listed above (n. 3, supra) asked us to review this case. Among them all, the dissent purports to identify just two public officials 486 31 Cite as: 603 U. S. ____ (2024) Opinion of the Court E Rather than address what we have actually said, the dis- sent accuses us of extending to local governments an “un- fettered freedom to punish,” post, at 25, and stripping away any protections “the Constitution” has against “criminaliz- ing sleeping,” post, at 5. “Either stay awake,” the dissent warns, “or be arrested.” Post, at 2. That is gravely mis- taken. We hold nothing of the sort. As we have stressed, cities and States are not bound to adopt public-camping laws. They may also choose to narrow such laws (as Oregon itself has recently). Beyond all that, many substantive le- gal protections and provisions of the Constitution may have important roles to play when States and cities seek to en- force their laws against the homeless. See Parts II–A, II– C, supra. The only question we face is whether one specific provision of the Constitution—the Cruel and Unusual Pun- ishments Clause of the Eighth Amendment—prohibits the enforcement of public-camping laws. Nor does the dissent meaningfully engage with the rea- sons we have offered for our conclusion on that question. It claims that we “gratuitously” treat Robinson “as an outlier.” Post, at 12, and n. 2. But the dissent does not dispute that —————— and two cities that, according to the dissent, support its view. Post, at 24–25. But even among that select group, the dissent overlooks the fact that each expresses strong dissatisfaction with how Martin has been ap- plied in practice. See San Francisco Brief 15, 26 (“[T]he Ninth Circuit and its lower courts have repeatedly misapplied and overextended the Eighth Amendment” and “hamstrung San Francisco’s balanced approach to addressing the homelessness crisis”); Brief for City of Los Angeles as Amicus Curiae 6 (“[T]he sweeping rationale in Martin . . . calls into ques- tion whether cities can enforce public health and safety laws”); California Governor Brief 3 (“In the wake of Martin, lower courts have blocked ef- forts to clear encampments while micromanaging what qualifies as a suitable offer of shelter”). And for all the reasons we have explored and so many other cities have suggested, we see no principled basis under the Eighth Amendment for federal judges to administer anything like Martin. 487 32 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court the law Robinson faced was an anomaly, punishing mere status. The dissent does not dispute that Robinson’s deci- sion to address that law under the rubric of the Eighth Amendment is itself hard to square with the Amendment’s text and this Court’s other precedents interpreting it. And the dissent all but ignores Robinson’s own insistence that a different result would have obtained in that case if the law there had proscribed an act rather than status alone. Tellingly, too, the dissent barely mentions Justice Mar- shall’s opinion in Powell. There, reasoning exactly as we do today, Justice Marshall refused to extend Robinson to ac- tions undertaken, “in some sense, ‘involuntar[ily].’” 392 U. S., at 533. Rather than confront any of this, the dissent brusquely calls Powell a “strawman” and seeks to distin- guish it on the inscrutable ground that Grants Pass penal- izes “status[-defining]” (rather than “involuntary”) conduct. Post, at 23. But whatever that might mean, it is no answer to the reasoning Justice Marshall offered, to its obvious rel- evance here, or to the fact this Court has since endorsed Justice Marshall’s reasoning as correct in cases like Kahler and Jones, cases that go undiscussed in the dissent. See n. 6, supra. The only extraordinary result we might reach in this case is one that would defy Powell, ignore the histor- ical reach of the Eighth Amendment, and transform Robin- son’s narrow holding addressing a peculiar law punishing status alone into a new rule that would bar the enforcement of laws that are, as the dissent puts it, “‘pervasive’” throughout the country. Post, at 15; Part I–A, supra. To be sure, the dissent seeks to portray the new rule it advocates as a modest, “limited,” and “narrow” one address- ing only those who wish to fulfill a “biological necessity” and “keep warm outside with a blanket” when they have no other “adequate” place “to go.” Post, at 1, 5, 10, 21, 24. But that reply blinks the difficult questions that necessarily fol- low and the Ninth Circuit has been forced to confront: What does it mean to be “involuntarily” homeless with “no 488 33 Cite as: 603 U. S. ____ (2024) Opinion of the Court place to go”? What kind of “adequate” shelter must a city provide to avoid being forced to allow people to camp in its parks and on its sidewalks? And what are people entitled to do and use in public spaces to “keep warm” and fulfill other “biological necessities”?8 Those unavoidable questions have plunged courts and cities across the Ninth Circuit into waves of litigation. And without anything in the Eighth Amendment to guide them, any answers federal judges can offer (and have offered) come, as Justice Marshall foresaw, only by way of “fiat.” Powell, 392 U. S., at 534. The dissent cannot escape that hard truth. Nor can it escape the fact that, far from nar- rowing Martin, it would expand its experiment from one cir- cuit to the entire country—a development without any prec- edent in this Court’s history. One that would authorize —————— 8The dissent brushes aside these questions, declaring that “available answers” exist in the decisions below. Post, at 22. But the dissent misses the point. The problem, as Justice Marshall discussed, is not that it is impossible for someone to dictate answers to these questions. The prob- lem is that nothing in the Eighth Amendment gives federal judges the authority or guidance they need to answer them in a principled way. Take just two examples. First, the dissent says, a city seeking to ban camping must provide “adequate” shelter for those with “no place to go.” Post, at 21–22. But it never says what qualifies as “adequate” shelter. Ibid. And, as we have seen, cities and courts across the Ninth Circuit have struggled mightily with that question, all with nothing in the Eighth Amendment to guide their work. Second, the dissent seems to think that, if a city lacks enough “adequate” shelter, it must permit “‘bed- ding’” in public spaces, but not campfires, tents, or “‘public urination or defecation.’ ” Post, at 15, 21–22, 24. But where does that rule come from, the federal register? See post, at 22. After Martin, again as we have seen, many courts have taken a very different view. The dissent never explains why it disagrees with those courts. Instead, it merely quotes the district court’s opinion in this case that announced a rule it seems the dissent happens to prefer. By elevating Martin over our own prece- dents and the Constitution’s original public meaning, the dissent faces difficult choices that cannot be swept under the rug—ones that it can resolve not by anything found in the Eighth Amendment, only by fiat. 489 34 CITY OF GRANTS PASS v. JOHNSON Opinion of the Court federal judges to freeze into place their own rules on mat- ters long “thought to be the province” of state and local lead- ers, id., at 536, and one that would deny communities the “wide latitude” and “flexibility” even the dissent acknowl- edges they need to address the homelessness crisis, post, at 2, 5. III Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary respon- sibility for assessing those causes and devising those re- sponses. It does not. Almost 200 years ago, a visitor to this country remarked upon the “extreme skill with which the inhabitants of the United States succeed in proposing a common object to the exertions of a great many men, and in getting them voluntarily to pursue it.” 2 A. de Tocqueville, Democracy in America 129 (H. Reeve transl. 1961). If the multitude of amicus briefs before us proves one thing, it is that the American people are still at it. Through their vol- untary associations and charities, their elected representa- tives and appointed officials, their police officers and men- tal health professionals, they display that same energy and skill today in their efforts to address the complexities of the homelessness challenge facing the most vulnerable among us. Yes, people will disagree over which policy responses are best; they may experiment with one set of approaches only to find later another set works better; they may find certain responses more appropriate for some communities than others. But in our democracy, that is their right. Nor can a handful of federal judges begin to “match” the collective wisdom the American people possess in deciding “how best to handle” a pressing social question like homelessness. Robinson, 370 U. S., at 689 (White, J., dissenting). The 490 35 Cite as: 603 U. S. ____ (2024) Opinion of the Court Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy. The judgment below is reversed, and the case is remanded for further proceedings consistent with this opinion. It is so ordered. 491 _________________ _________________ 1 Cite as: 603 U. S. ____ (2024) THOMAS, J., concurring SUPREME COURT OF THE UNITED STATES No. 23–175 CITY OF GRANTS PASS, OREGON, PETITIONER v. GLORIA JOHNSON, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 28, 2024] JUSTICE THOMAS, concurring. I join the Court’s opinion in full because it correctly re- jects the respondents’ claims under the Cruel and Unusual Punishments Clause. As the Court observes, that Clause “focuses on the question what method or kind of punish- ment a government may impose after a criminal convic- tion.” Ante, at 16 (internal quotation marks omitted). The respondents, by contrast, ask whether Grants Pass “may criminalize particular behavior in the first place.” Ibid. I write separately to make two additional observations about the respondents’ claims. First, the precedent that the respondents primarily rely upon, Robinson v. California, 370 U. S. 660 (1962), was wrongly decided. In Robinson, the Court held that the Cruel and Unusual Punishments Clause prohibits the en- forcement of laws criminalizing a person’s status. Id., at 666. That holding conflicts with the plain text and history of the Cruel and Unusual Punishments Clause. See ante, at 15–16. That fact is unsurprising given that the Robinson Court made no attempt to analyze the Eighth Amendment’s text or discern its original meaning. Instead, Robinson’s holding rested almost entirely on the Court’s understand- ing of public opinion: The Robinson Court observed that “in 492 2 CITY OF GRANTS PASS v. JOHNSON THOMAS, J., concurring the light of contemporary human knowledge, a law which made a criminal offense of . . . a disease [such as narcotics addiction] would doubtless be universally thought to be an infliction of cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.” 370 U. S., at 666. Modern public opinion is not an appropriate metric for interpreting the Cruel and Unusual Punishments Clause— or any provision of the Constitution for that matter. Much of the Court’s other Eighth Amendment precedents make the same mistake. Rather than interpret our written Constitution, the Court has at times “proclaim[ed] itself sole arbiter of our Nation’s moral standards,” Roper v. Sim- mons, 543 U. S. 551, 608 (2005) (Scalia, J., dissenting), and has set out to enforce “evolving standards of decency,” Trop v. Dulles, 356 U. S. 86, 101 (1958) (plurality opinion). “In a system based upon constitutional and statutory text demo- cratically adopted, the concept of ‘law’ ordinarily signifies that particular words have a fixed meaning.” Roper, 543 U. S., at 629 (opinion of Scalia, J.). I continue to believe that we should adhere to the Cruel and Unusual Punish- ments Clause’s fixed meaning in resolving any challenge brought under it. To be sure, we need not reconsider Robinson to resolve this case. As the Court explains, the challenged ordinances regulate conduct, not status, and thus do not implicate Rob- inson. Ante, at 20–21. Moreover, it is unclear what, if any, weight Robinson carries. The Court has not once applied Robinson’s interpretation of the Cruel and Unusual Pun- ishments Clause. And, today the Court rightly questions the decision’s “persuasive force.” Ante, at 20. Still, rather than let Robinson’s erroneous holding linger in the back- ground of our Eighth Amendment jurisprudence, we should dispose of it once and for all. In an appropriate case, the Court should certainly correct this error. Second, the respondents have not established that their claims implicate the Cruel and Unusual Punishments 493 3 Cite as: 603 U. S. ____ (2024) THOMAS, J., concurring Clause in the first place. The challenged ordinances are en- forced through the imposition of civil fines and civil park exclusion orders, as well as through criminal trespass charges. But, “[a]t the time the Eighth Amendment was ratified, the word ‘punishment’ referred to the penalty im- posed for the commission of a crime.” Helling v. McKinney, 509 U. S. 25, 38 (1993) (THOMAS, J., dissenting); see ante, at 15–16. The respondents have yet to explain how the civil fines and park exclusion orders constitute a “penalty im- posed for the commission of a crime.” Helling, 509 U. S., at 38. For its part, the Court of Appeals concluded that the Cruel and Unusual Punishments Clause governs these civil penalties because they can “later . . . become criminal of- fenses.” 72 F. 4th 868, 890 (CA9 2023). But, that theory rests on layer upon layer of speculation. It requires reason- ing that because violating one of the ordinances “could re- sult in civil citations and fines, [and] repeat violators could be excluded from specified City property, and . . . violating an exclusion order could subject a violator to criminal tres- pass prosecution,” civil fines and park exclusion orders therefore must be governed by the Cruel and Unusual Pun- ishments Clause. Id., at 926 (O’Scannlain, J., statement respecting denial of rehearing en banc) (emphasis added). And, if this case is any indication, the possibility that a civil fine turns into a criminal trespass charge is a remote one. The respondents assert that they have been involuntarily homeless in Grants Pass for years, yet they have never re- ceived a park exclusion order, much less a criminal trespass charge. See ante, at 11. Because the respondents’ claims fail either way, the Court does not address the merits of the Court of Appeals’ theory. See ante, at 16–17, and n. 4. Suffice it to say, we have never endorsed such a broad view of the Cruel and Unusual Punishments Clause. Both this Court and lower courts should be wary of expanding the Clause beyond its 494 4 CITY OF GRANTS PASS v. JOHNSON THOMAS, J., concurring text and original meaning. 495 _________________ _________________ 1 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting SUPREME COURT OF THE UNITED STATES No. 23–175 CITY OF GRANTS PASS, OREGON, PETITIONER v. GLORIA JOHNSON, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 28, 2024] JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting. Sleep is a biological necessity, not a crime. For some peo- ple, sleeping outside is their only option. The City of Grants Pass jails and fines those people for sleeping anywhere in public at any time, including in their cars, if they use as little as a blanket to keep warm or a rolled-up shirt as a pillow. For people with no access to shelter, that punishes them for being homeless. That is unconscionable and un- constitutional. Punishing people for their status is “cruel and unusual” under the Eighth Amendment. See Robinson v. California, 370 U. S. 660 (1962). Homelessness is a reality for too many Americans. On any given night, over half a million people across the coun- try lack a fixed, regular, and adequate nighttime residence. Many do not have access to shelters and are left to sleep in cars, sidewalks, parks, and other public places. They expe- rience homelessness due to complex and interconnected is- sues, including crippling debt and stagnant wages; domes- tic and sexual abuse; physical and psychiatric disabilities; and rising housing costs coupled with declining affordable housing options. 496 2 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting At the same time, States and cities face immense chal- lenges in responding to homelessness. To address these challenges and provide for public health and safety, local governments need wide latitude, including to regulate when, where, and how homeless people sleep in public. The decision below did, in fact, leave cities free to punish “litter- ing, public urination or defecation, obstruction of roadways, possession or distribution of illicit substances, harassment, or violence.” App. to Pet. for Cert. 200a. The only question for the Court today is whether the Constitution permits punishing homeless people with no access to shelter for sleeping in public with as little as a blanket to keep warm. It is possible to acknowledge and balance the issues fac- ing local governments, the humanity and dignity of home- less people, and our constitutional principles. Instead, the majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested. The Constitution provides a baseline of rights for all Amer- icans rich and poor, housed and unhoused. This Court must safeguard those rights even when, and perhaps especially when, doing so is uncomfortable or unpopular. Otherwise, “the words of the Constitution become little more than good advice.” Trop v. Dulles, 356 U. S. 86, 104 (1958) (plurality opinion). I The causes, consequences, and experiences of homeless- ness are complex and interconnected. The majority paints a picture of “cities across the American West” in “crisis” that are using criminalization as a last resort. Ante, at 1. That narrative then animates the majority’s reasoning. This account, however, fails to engage seriously with the precipitating causes of homelessness, the damaging effects of criminalization, and the myriad legitimate reasons peo- ple may lack or decline shelter. 497 3 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting A Over 600,000 people experience homelessness in America on any given night, meaning that they lack “a fixed, regu- lar, and adequate nighttime residence.” Dept. of Housing and Urban Development, T. de Sousa et al., The 2023 An- nual Homeless Assessment Report to Congress 4 (2023 AHAR). These people experience homelessness in different ways. Although 6 in 10 are able to secure shelter beds, the remaining 4 in 10 are unsheltered, sleeping “in places not meant for human habitation,” such as sidewalks, aban- doned buildings, bus or train stations, camping grounds, and parked vehicles. See id., at 2. “Some sleep alone in public places, without any physical structures (like tents or shacks) or connection to services. Others stay in encamp- ments, which generally refer to groups of people living sem- ipermanently in tents or other temporary structures in a public space.” Brief for California as Amicus Curiae 6 (Cal- ifornia Brief ) (citation omitted). This is in part because there has been a national “shortage of 188,000 shelter beds for individual adults.” Brief for Service Providers as Amici Curiae 8 (Service Providers Brief ). People become homeless for many reasons, including some beyond their control. “[S]tagnant wages and the lack of affordable housing” can mean some people are one unex- pected medical bill away from being unable to pay rent. Brief for Public Health Professionals and Organizations as Amici Curiae 3. Every “$100 increase in median rental price” is “associated with about a 9 percent increase in the estimated homelessness rate.” GAO, A. Cackley, Homeless- ness: Better HUD Oversight of Data Collection Could Im- prove Estimates of Homeless Populations 30 (GAO–20–433, 2020). Individuals with disabilities, immigrants, and vet- erans face policies that increase housing instability. See California Brief 7. Natural disasters also play a role, in- cluding in Oregon, where increasing numbers of people 498 4 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting “have lost housing because of climate events such as ex- treme wildfires across the state, floods in the coastal areas, [and] heavy snowstorms.” 2023 AHAR 52. Further, “men- tal and physical health challenges,” and family and domes- tic “violence and abuse” can be precipitating causes of homelessness. California Brief 7. People experiencing homelessness are young and old, live in families and as individuals, and belong to all races, cul- tures, and creeds. Given the complex web of causes, it is unsurprising that the burdens of homelessness fall dispro- portionately on the most vulnerable in our society. People already in precarious positions with mental and physical health, trauma, or abuse may have nowhere else to go if forced to leave their homes. Veterans, victims of domestic violence, teenagers, and people with disabilities are all at an increased risk of homelessness. For veterans, “those with a history of mental health conditions, including post- traumatic stress disorder (PTSD) . . . are at greater risk of homelessness.” Brief for American Psychiatric Association et al. as Amici Curiae 6. For women, almost 60% of those experiencing homelessness report that fleeing domestic vi- olence was the “immediate cause.” Brief for Advocates for Survivors of Gender-Based Violence as Amici Curiae 9. For young people, “family dysfunction and rejection, sexual abuse, juvenile legal system involvement, ‘aging out’ of the foster care system, and economic hardship” make them par- ticularly vulnerable to homelessness. Brief for Juvenile Law Center et al. as Amici Curiae 2. For American Indians, “policies of removal and resettlement in tribal lands” have caused displacement, resulting in “a disproportionately high rate of housing insecurity and unsheltered homeless- ness.” Brief for StrongHearts Native Helpline et al. as Amici Curiae 10, 24. For people with disabilities, “[l]ess than 5% of housing in the United States is accessible for moderate mobility disabilities, and less than 1% is accessi- 499 Cite as: 603 U. S. ____ (2024) 5 SOTOMAYOR, J., dissenting ble for wheelchair use.” Brief for Disability Rights Educa- tion and Defense Fund et al. as Amici Curiae 2 (Disability Rights Brief ). B States and cities responding to the homelessness crisis face the difficult task of addressing the underlying causes of homelessness while also providing for public health and safety. This includes, for example, dealing with the hazards posed by encampments, such as “a heightened risk of dis- ease associated with living outside without bathrooms or wash basins,” “deadly fires” from efforts to “prepare food and create heat sources,” violent crime, and drug distribu- tion and abuse. California Brief 12. Local governments need flexibility in responding to homelessness with effective and thoughtful solutions. See infra, at 19–21. Almost all of these policy solutions are be- yond the scope of this case. The only question here is whether the Constitution permits criminalizing sleeping outside when there is nowhere else to go. That question is increasingly relevant because many local governments have made criminalization a frontline response to home- lessness. “[L]ocal measures to criminalize ‘acts of living’” by “prohibit[ing] sleeping, eating, sitting, or panhandling in public spaces” have recently proliferated. U. S. Interagency Council on Homelessness, Searching Out Solutions 1 (2012). Criminalizing homelessness can cause a destabilizing cascade of harm. “Rather than helping people to regain housing, obtain employment, or access needed treatment and services, criminalization creates a costly revolving door that circulates individuals experiencing homelessness from the street to the criminal justice system and back.” Id., at 6. When a homeless person is arrested or separated from their property, for example, “items frequently destroyed in- 500 6 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting clude personal documents needed for accessing jobs, hous- ing, and services such as IDs, driver’s licenses, financial documents, birth certificates, and benefits cards; items re- quired for work such as clothing and uniforms, bicycles, tools, and computers; and irreplaceable mementos.” Brief for 57 Social Scientists as Amici Curiae 17–18 (Social Sci- entists Brief ). Consider Erin Spencer, a disabled Marine Corps veteran who stores items he uses to make a living, such as tools and bike parts, in a cart. He was arrested repeatedly for illegal lodging. Each time, his cart and be- longings were gone once he returned to the sidewalk. “[T]he massive number of times the City or State has taken all I possess leaves me in a vacuous déjà vu.” Brief for National Coalition for Homeless Veterans et al. as Amici Curiae 28. Incarceration and warrants from unpaid fines can also result in the loss of employment, benefits, and housing op- tions. See Social Scientists Brief 13, 17 (incarceration and warrants can lead to “termination of federal health benefits such as Social Security, Medicare, or Medicaid,” the “loss of a shelter bed,” or disqualification from “public housing and Section 8 vouchers”). Finally, criminalization can lead homeless people to “avoid calling the police in the face of abuse or theft for fear of eviction from public space.” Id., at 27. Consider the tragic story of a homeless woman “who was raped almost immediately following a police move- along order that pushed her into an unfamiliar area in the dead of night.” Id., at 26. She described her hesitation in calling for help: “What’s the point? If I called them, they would have made all of us move [again].” Ibid. For people with nowhere else to go, fines and jail time do not deter behavior, reduce homelessness, or increase public safety. In one study, 91% of homeless people who were sur- veyed “reported remaining outdoors, most often just moving two to three blocks away” when they received a move-along order. Id., at 23. Police officers in these cities recognize as much: “‘Look we’re not really solving anybody’s problem. 501 7 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting This is a big game of whack-a-mole.’” Id., at 24. Consider Jerry Lee, a Grants Pass resident who sleeps in a van. Over the course of three days, he was woken up and cited six times for “camping in the city limits” just because he was sleeping in the van. App. 99 (capitalization omitted). Lee left the van each time only to return later to sleep. Police reports eventually noted that he “continues to disregard the city ordinance and returns to the van to sleep as soon as police leave the area. Dayshift needs to check on the van this morning and . . . follow up for tow.” Ibid. (same). Shelter beds that are available in theory may be practi- cally unavailable because of “restrictions based on gender, age, income, sexuality, religious practice, curfews that con- flict with employment obligations, and time limits on stays.” Social Scientists Brief 22. Studies have shown, however, that the “vast majority of those who are unshel- tered would move inside if safe and affordable options were available.” Service Providers Brief 8 (collecting studies). Consider CarrieLynn Hill. She cannot stay at Gospel Res- cue Mission, the only entity in Grants Pass offering tempo- rary beds, because “she would have to check her nebulizer in as medical equipment and, though she must use it at least once every four hours, would not be able to use it in her room.” Disability Rights Brief 18. Similarly, Debra Blake’s “disabilities prevent her from working, which means she cannot comply with the Gospel Rescue Mission’s requirement that its residents work 40-hour work weeks.” Ibid. Before I move on, consider one last example of a Nashville man who experienced homelessness for nearly 20 years. When an outreach worker tried to help him secure housing, the worker had difficulty finding him for his appointments because he was frequently arrested for being homeless. He was arrested 198 times and had over 250 charged citations, all for petty offenses. The outreach worker made him a t- shirt that read “Please do not arrest me, my outreach 502 8 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting worker is working on my housing.” Service Providers Brief 16. Once the worker was able to secure him stable housing, he “had no further encounters with the police, no citations, and no arrests.” Ibid. These and countless other stories reflect the reality of criminalizing sleeping outside when people have no other choice. II Grants Pass, a city of 38,000 people in southern Oregon, adopted three ordinances (Ordinances) that effectively make it unlawful to sleep anywhere in public, including in your car, at any time, with as little as a blanket or a rolled- up shirt as a pillow. The Ordinances prohibit “[c]amping” on “any sidewalk, street, alley, lane, public right of way, park, bench, or any other publicly-owned property or under any bridge or viaduct.” Grants Pass, Ore. Municipal Code §5.61.030 (2024). A “[c]ampsite” is defined as “any place where bedding, sleeping bag, or other material used for bed- ding purposes, or any stove or fire is placed, established, or maintained for the purposes of maintaining a temporary place to live.” §5.61.010(B). Relevant here, the definition of “campsite” includes sleeping in “any vehicle.” Ibid. The Ordinances also prohibit camping in public parks, including the “[o]vernight parking” of any vehicle. §6.46.090(B).1 The City enforces these Ordinances with fines starting at $295 and increasing to $537.60 if unpaid. Once a person is cited twice for violating park regulations within a 1-year period, city officers can issue an exclusion order barring that person from the park for 30 days. See §6.46.350. A —————— 1The City’s “sleeping” ordinance prohibits sleeping “on public side- walks, streets, or alleyways at any time as a matter of individual and public safety.” §5.61.020(A). That ordinance is not before the Court to- day because, after the only class representative with standing to chal- lenge this ordinance died, the Ninth Circuit remanded to the District Court “to determine whether a substitute representative is available as to that challenge alone.” 72 F. 4th 868, 884 (2023). 503 9 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting person who camps in a park after receiving that order com- mits criminal trespass, which is punishable by a maximum of 30 days in jail and a $1,250 fine. Ore. Rev. Stat. §164.245 (2023); see §§161.615(3), 161.635(1)(c). In 2019, the Ninth Circuit held that “‘the Eighth Amend- ment prohibits the imposition of criminal penalties for sit- ting, sleeping, or lying outside on public property for home- less individuals who cannot obtain shelter.’” Martin v. Boise, 920 F. 3d 584, 616, cert. denied, 589 U. S. ___ (2019). Considering an ordinance from Boise, Idaho, that made it a misdemeanor to use “streets, sidewalks, parks, or public places” for “camping,” 920 F. 3d, at 603, the court concluded that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property,” id., at 617. Respondents here, two longtime residents of Grants Pass who are homeless and sleep in their cars, sued on behalf of themselves and all other involuntarily homeless people in the City, seeking to enjoin enforcement of the Ordinances. The District Court eventually certified a class and granted summary judgment to respondents. “As was the case in Martin, Grants Pass has far more homeless people than ‘practically available’ shelter beds.” App. to Pet. for Cert. 179a. The City had “zero emergency shelter beds,” and even counting the beds at the Gospel Rescue Mission (GRM), which is “the only entity in Grants Pass that offers any sort of temporary program for some class members,” “GRM’s 138 beds would not be nearly enough to accommodate the at least 602 homeless individuals in Grants Pass.” Id., at 179a–180a. Thus, “the only way for homeless people to le- gally sleep on public property within the City is if they lay on the ground with only the clothing on their backs and without their items near them.” Id., at 178a. The District Court entered a narrow injunction. It con- cluded that Grants Pass could “implement time and place restrictions for when homeless individuals may use their 504 10 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting belongings to keep warm and dry and when they must have their belonging[s] packed up.” Id., at 199a. The City could also “ban the use of tents in public parks,” as long as it did not “ban people from using any bedding type materials to keep warm and dry while they sleep.” Id., at 199a–200a. Further, Grants Pass could continue to “enforce laws that actually further public health and safety, such as laws re- stricting littering, public urination or defecation, obstruc- tion of roadways, possession or distribution of illicit sub- stances, harassment, or violence.” Id., at 200a. The Ninth Circuit largely agreed that the Ordinances vi- olated the Eighth Amendment because they punished peo- ple who lacked “some place, such as [a] shelter, they can lawfully sleep.” 72 F. 4th 868, 894 (2023). It further nar- rowed the District Court’s already-limited injunction. The Ninth Circuit noted that, beyond prohibiting bedding, “the ordinances also prohibit the use of stoves or fires, as well as the erection of any structures.” Id., at 895. Because the record did not “establis[h that] the fire, stove, and structure prohibitions deprive homeless persons of sleep or ‘the most rudimentary precautions’ against the elements,” the court remanded for the District Court “to craft a narrower injunc- tion recognizing Plaintiffs’ limited right to protection against the elements, as well as limitations when a shelter bed is available.” Ibid. III The Eighth Amendment prohibits the infliction of “cruel and unusual punishments.” Amdt. 8 (Punishments Clause). This prohibition, which is not limited to medieval tortures, places “‘limitations’ on ‘the power of those en- trusted with the criminal-law function of government.’” Timbs v. Indiana, 586 U. S. 146, 151 (2019). The Punish- ments Clause “circumscribes the criminal process in three ways: First, it limits the kinds of punishment that can be imposed on those convicted of crimes; second, it proscribes 505 11 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting punishment grossly disproportionate to the severity of the crime; and third, it imposes substantive limits on what can be made criminal and punished as such.” Ingraham v. Wright, 430 U. S. 651, 667 (1977) (citations omitted). In Robinson v. California, this Court detailed one sub- stantive limitation on criminal punishment. Lawrence Robinson was convicted under a California statute for “‘be[ing] addicted to the use of narcotics’” and faced a man- datory 90-day jail sentence. 370 U. S., at 660. The Califor- nia statute did not “punis[h] a person for the use of narcot- ics, for their purchase, sale or possession, or for antisocial or disorderly behavior resulting from their administration.” Id., at 666. Instead, it made “the ‘status’ of narcotic addic- tion a criminal offense, for which the offender may be pros- ecuted ‘at any time before he reforms.’” Ibid. The Court held that, because it criminalized the “‘status’ of narcotic addiction,” ibid., the California law “inflict[ed] a cruel and unusual punishment in violation” of the Punish- ments Clause, id., at 667. Importantly, the Court did not limit that holding to the status of narcotic addiction alone. It began by reasoning that the criminalization of the “men- tally ill, or a leper, or [those] afflicted with a venereal dis- ease” “would doubtless be universally thought to be an in- fliction of cruel and unusual punishment.” Id., at 666. It extended that same reasoning to the status of being an ad- dict, because “narcotic addiction is an illness” “which may be contracted innocently or involuntarily.” Id., at 667. Unlike the majority, see ante, at 15–17, the Robinson Court did not rely on the harshness of the criminal penalty itself. It understood that “imprisonment for ninety days is not, in the abstract, a punishment which is either cruel or unusual.” 370 U. S., at 667. Instead, it reasoned that, when imposed because of a person’s status, “[e]ven one day in prison would be a cruel and unusual punishment.” Ibid. Robinson did not prevent States from using a variety of tools, including criminal law, to address harmful conduct 506 12 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting related to a particular status. The Court candidly recog- nized the “vicious evils of the narcotics traffic” and acknowl- edged the “countless fronts on which those evils may be le- gitimately attacked.” Id., at 667–668. It left untouched the “broad power of a State to regulate the narcotic drugs traffic within its borders,” including the power to “impose criminal sanctions . . . against the unauthorized manufacture, pre- scription, sale, purchase, or possession of narcotics,” and the power to establish “a program of compulsory treatment for those addicted to narcotics.” Id., at 664–665. This Court has repeatedly cited Robinson for the proposi- tion that the “Eighth Amendment . . . imposes a substantive limit on what can be made criminal and punished as such.” Rhodes v. Chapman, 452 U. S. 337, 346, n. 12 (1981); see also Gregg v. Georgia, 428 U. S. 153, 172 (1976) (joint opin- ion of Stewart, Powell, and Stevens, JJ.) (“The substantive limits imposed by the Eighth Amendment on what can be made criminal and punished were discussed in Robinson”). Though it casts aspersions on Robinson and mistakenly treats it as an outlier, the majority does not overrule or re- consider that decision.2 Nor does the majority cast doubt on this Court’s firmly rooted principle that inflicting “un- necessary suffering” that is “grossly disproportionate to the severity of the crime” or that serves no “penological pur- pose” violates the Punishments Clause. Estelle v. Gamble, 429 U. S. 97, 103, and n. 7 (1976). Instead, the majority sees this case as requiring an application or extension of Robinson. The majority’s understanding of Robinson, how- ever, is plainly wrong. —————— 2See ante, at 20 (“[N]o one has asked us to reconsider Robinson. Nor do we see any need to do so today”); but see ante, at 23 (gratuitously noting that Robinson “sits uneasily with the Amendment’s terms, origi- nal meaning, and our precedents”). The most important takeaway from these unnecessary swipes at Robinson is just that. They are unneces- sary. Robinson remains binding precedent, no matter how incorrectly the majority applies it to these facts. 507 13 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting IV Grants Pass’s Ordinances criminalize being homeless. The status of being homeless (lacking available shelter) is defined by the very behavior singled out for punishment (sleeping outside). The majority protests that the Ordi- nances “do not criminalize mere status.” Ante, at 21. Say- ing so does not make it so. Every shred of evidence points the other way. The Ordinances’ purpose, text, and enforce- ment confirm that they target status, not conduct. For someone with no available shelter, the only way to comply with the Ordinances is to leave Grants Pass altogether. A Start with their purpose. The Ordinances, as enforced, are intended to criminalize being homeless. The Grants Pass City Council held a public meeting in 2013 to “‘identify solutions to current vagrancy problems.’” App. to Pet. for Cert. 168a. The council discussed the City’s previous efforts to banish homeless people by “buying the person a bus ticket to a specific destination,” or transporting them to a different jurisdiction and “leaving them there.” App. 113– 114. That was unsuccessful, so the council discussed other ideas, including a “‘do not serve’” list or “a ‘most unwanted list’ made by taking pictures of the offenders . . . and then disseminating it to all the service agencies.” Id., at 121. The council even contemplated denying basic services such as “food, clothing, bedding, hygiene, and those types of things.” Ibid. The idea was deterrence, not altruism. “[U]ntil the pain of staying the same outweighs the pain of changing, people will not change; and some people need an external source to motivate that needed change.” Id., at 119. One coun- cilmember opined that “[m]aybe they aren’t hungry enough or cold enough . . . to make a change in their behavior.” Id., at 122. The council president summed up the goal suc- cinctly: “‘[T]he point is to make it uncomfortable enough for 508 14 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting [homeless people] in our city so they will want to move on down the road.’” Id., at 114.3 One action item from this meeting was the “‘targeted en- forcement of illegal camping’” against homeless people. App. to Pet. for Cert. 169a. “The year following the [public meeting] saw a significant increase in enforcement of the City’s anti-sleeping and anti-camping ordinances. From 2013 through 2018, the City issued a steady stream of tick- ets under the ordinances.” 72 F. 4th, at 876–877. B Next consider the text. The Ordinances by their terms single out homeless people. They define “campsite” as “any place where bedding, sleeping bag, or other material used for bedding purposes” is placed “for the purpose of main- taining a temporary place to live.” §5.61.010. The majority claims that it “makes no difference whether the charged de- fendant is homeless.” Ante, at 20. Yet the Ordinances do not apply unless bedding is placed to maintain a temporary place to live. Thus, “what separates prohibited conduct from permissible conduct is a person’s intent to ‘live’ in pub- lic spaces. Infants napping in strollers, Sunday afternoon picnickers, and nighttime stargazers may all engage in the same conduct of bringing blankets to public spaces [and sleeping], but they are exempt from punishment because they have a separate ‘place to live’ to which they presuma- —————— 3The majority does not contest that the Ordinances, as enforced, are intended to target homeless people. The majority observes, however, that the council also discussed other ways to handle homelessness in Grants Pass. See ante, at 12, n. 1. That is true. Targeted enforcement of the Ordinances to criminalize homelessness was only one solution dis- cussed at the meeting. See App. 131–132 (listing “[a]ctions to move for- ward,” including increasing police presence, exclusion zones, “zero toler- ance” signs, “do not serve” or “most unwanted” lists, trespassing letters, and building a sobering center or youth center (internal quotation marks omitted)). 509 15 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting bly intend to return.” Brief for Criminal Law and Punish- ment Scholars as Amici Curiae 12. Put another way, the Ordinances single out for punish- ment the activities that define the status of being homeless. By most definitions, homeless individuals are those that lack “a fixed, regular, and adequate nighttime residence.” 42 U. S. C. §11434a(2)(A); 24 CFR §§582.5, 578.3 (2023). Permitting Grants Pass to criminalize sleeping outside with as little as a blanket permits Grants Pass to criminal- ize homelessness. “There is no . . . separation between be- ing without available indoor shelter and sleeping in pub- lic—they are opposite sides of the same coin.” Brief for United States as Amicus Curiae 25. The Ordinances use the definition of “campsite” as a proxy for homelessness be- cause those lacking “a fixed, regular, and adequate nighttime residence” are those who need to sleep in public to “maintai[n] a temporary place to live.” Take the respondents here, two longtime homeless resi- dents of Grants Pass who sleep in their cars. The Ordi- nances define “campsite” to include “any vehicle.” §5.61.010(B). For respondents, the Ordinances as applied do not criminalize any behavior or conduct related to en- campments (such as fires or tents). Instead, the Ordinances target respondents’ status as people without any other form of shelter. Under the majority’s logic, cities cannot crimi- nalize the status of being homeless, but they can criminal- ize the conduct that defines that status. The Constitution cannot be evaded by such formalistic distinctions. The Ordinances’ definition of “campsite” creates a situa- tion where homeless people necessarily break the law just by existing. “[U]nsheltered people have no private place to survive, so they are virtually guaranteed to violate these pervasive laws.” S. Rankin, Hiding Homelessness: The Transcarceration of Homelessness, 109 Cal. L. Rev. 559, 561 (2021); see also Disability Rights Brief 2 (“[T]he mem- bers of Grants Pass’s homeless community do not choose to 510 16 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting be homeless. Instead, in a city with no public shelters, they have no alternative but to sleep in parks or on the street”). Every human needs to sleep at some point. Even if home- less people with no available shelter options can exist for a few days in Grants Pass without sleeping, they eventually must leave or be criminally punished. The majority resists this understanding, arguing that the Ordinances criminalize the conduct of being homeless in Grants Pass while sleeping with as little as a blanket. Therefore, the argument goes, “[r]ather than criminalize mere status, Grants Pass forbids actions.” Ante, at 20. With no discussion about what it means to criminalize “sta- tus” or “conduct,” the majority’s analysis consists of a few sentences repeating its conclusion again and again in hopes that it will become true. See ante, at 20–21 (proclaiming that the Ordinances “forbi[d] actions” “[r]ather than crimi- nalize mere status”; and that they “do not criminalize mere status”). The best the majority can muster is the following tautology: The Ordinances criminalize conduct, not pure status, because they apply to conduct, not status. The flaw in this conclusion is evident. The majority coun- tenances the criminalization of status as long as the City tacks on an essential bodily function—blinking, sleeping, eating, or breathing. That is just another way to ban the person. By this logic, the majority would conclude that the ordinance deemed unconstitutional in Robinson criminaliz- ing “being an addict” would be constitutional if it criminal- ized “being an addict and breathing.” Or take the example in Robinson: “Even one day in prison would be a cruel and unusual punishment for the ‘crime’ of having a common cold.” 370 U. S., at 667. According to the majority, although it is cruel and unusual to punish someone for having a com- mon cold, it is not cruel and unusual to punish them for sniffling or coughing because of that cold. See Manning v. Caldwell, 930 F. 3d 264, 290 (CA4 2019) (Wilkinson, J., dis- senting) (“In the rare case where the Eighth Amendment 511 17 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting was found to invalidate a criminal law, the law in question sought to punish persons merely for their need to eat or sleep, which are essential bodily functions. This is simply a variation of Robinson’s command that the state identify conduct in crafting its laws, rather than punish a person’s mere existence” (citation omitted)). C The Ordinances are enforced exactly as intended: to crim- inalize the status of being homeless. City officials sought to use the Ordinances to drive homeless people out of town. See supra, at 13–14. The message to homeless residents is clear. As Debra Blake, a named plaintiff who passed away while this case was pending, see n. 1, supra, shared: “I have been repeatedly told by Grants Pass police that I must ‘move along’ and that there is nowhere in Grants Pass that I can legally sit or rest. I have been repeatedly awakened by Grants Pass police while sleeping and told that I need to get up and move. I have been told by Grants Pass police that I should leave town. Because I have no choice but to live outside and have no place else to go, I have gotten tickets, fines and have been criminally prosecuted for being homeless.” App. 180–181. Debra Blake’s heartbreaking message captures the cruelty of criminalizing someone for their status: “I am afraid at all times in Grants Pass that I could be arrested, ticketed and prosecuted for sleeping outside or for covering myself with a blanket to stay warm.” Id., at 182. So, at times, when she could, Blake “slept outside of the city.” Ibid. Blake, who was disabled, unemployed, and elderly, “owe[d] the City of Grants Pass more than $5000 in fines for crimes and viola- tions related directly to [her] involuntary homelessness and the fact that there is no affordable housing or emergency 512 18 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting shelters in Grants Pass where [she could] stay.” Ibid. Another homeless individual was found outside a non- profit “in severe distress outside in the frigid air.” Id., at 109. “[H]e could not breathe and he was experiencing acute pain,” and he “disclosed fear that he would be arrested and trespassed again for being outside.” Ibid. Another, Carri- eLynn Hill, whose story you read earlier, see supra, at 7, was ticketed for “lying down on a friend’s mat” and “lying down under a tarp to stay warm.” App. 134. She was “con- stantly afraid” of being “cited and arrested for being outside in Grants Pass.” Ibid. She is unable to stay at the only shelter in the City because she cannot keep her nebulizer, which she needs throughout the night, in her room. So she does “not know of anywhere in the city of Grants Pass where [she] can safely sleep or rest without being arrested, trespassed, or moved along.” Id., at 135. As she put it: “The only way I have figured out how to get by is try to stay out of sight and out of mind.” Ibid. Stories like these fill the record and confirm the City’s success in targeting the status of being homeless. The majority proclaims, with no citation, that “it makes no difference whether the charged defendant is homeless, a backpacker on vacation passing through town, or a student who abandons his dorm room to camp out in protest.” Ante, at 20. That describes a fantasy. In reality, the deputy chief of police operations acknowledged that he was not aware of “any non-homeless person ever getting a ticket for illegal camping in Grants Pass.” Tr. of Jim Hamilton in Blake v. Grants Pass, No. 1:18–cr–01823 (D Ore., Oct. 16, 2019), ECF Doc. 63–4, p. 16. Officers testified that “laying on a blanket enjoying the park” would not violate the ordi- nances, ECF Doc. 63–7, at 2; and that bringing a sleeping bag to “look at stars” would not be punished, ECF Doc. 63– 5, at 5. Instead, someone violates the Ordinance only if he or she does not “have another home to go to.” Id., at 6. That is the definition of being homeless. The majority does not 513 19 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting contest any of this. So much for the Ordinances applying to backpackers and students. V Robinson should squarely resolve this case. Indeed, the majority seems to agree that an ordinance that fined and jailed “homeless” people would be unconstitutional. See ante, at 21 (disclaiming that the Ordinances “criminalize mere status”). The majority resists a straightforward ap- plication of Robinson by speculating about policy consider- ations and fixating on extensions of the Ninth Circuit’s nar- row rule in Martin. The majority is wrong on all accounts. First, no one con- tests the power of local governments to address homeless- ness. Second, the majority overstates the line-drawing problems that this case presents. Third, a straightforward application of Robinson does not conflict with Powell v. Texas, 392 U. S. 514 (1968). Finally, the majority draws the wrong message from the various amici requesting this Court’s guidance. A No one contests that local governments can regulate the time, place, and manner of public sleeping pursuant to their power to “enact regulations in the interest of the public safety, health, welfare or convenience.” Schneider v. State (Town of Irvington), 308 U. S. 147, 160 (1939). This power includes controlling “the use of public streets and side- walks, over which a municipality must rightfully exercise a great deal of control in the interest of traffic regulation and public safety.” Shuttlesworth v. Birmingham, 394 U. S. 147, 152 (1969). When exercising that power, however, reg- ulations still “may not abridge the individual liberties se- cured by the Constitution.” Schneider, 308 U. S., at 160. The Ninth Circuit in Martin provided that “an ordinance 514 20 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting violates the Eighth Amendment insofar as it imposes crim- inal sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative shelter is available to them.” 920 F. 3d, at 604. Martin was narrow.4 Consider these qualifications: “[O]ur holding does not cover individuals who do have access to adequate temporary shelter, whether because they have the means to pay for it or because it is real- istically available to them for free, but who choose not to use it. Nor do we suggest that a jurisdiction with insufficient shelter can never criminalize the act of sleeping outside. Even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible. So, too, might an ordi- nance barring the obstruction of public rights of way or the erection of certain structures.” Id., at 617, n. 8 (ci- tation omitted). Upholding Martin does not call into question all the other tools that a city has to deal with homelessness. “Some cities have established approved encampments on public prop- erty with security, services, and other resources; others have sought to impose geographic and time-limited bans on public sleeping; and others have worked to clear and clean particularly dangerous encampments after providing notice and reminders to those who lived there.” California Brief 14. Others might “limit the use of fires, whether for cooking or other purposes” or “ban (or enforce already-existing bans on) particular conduct that negatively affects other people, including harassment of passersby, illegal drug use, and lit- tering.” Brief for Maryland et al. as Amici Curiae 12. All —————— 4Some district courts have since interpreted Martin broadly, relying on it to enjoin time, place, and manner restrictions on camping outside. See ante, at 7–10, 28–29. This Court is not asked today to consider any of these interpretations or extensions of Martin. 515 21 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting of these tools remain available to localities seeking to ad- dress homelessness within constitutional bounds. B The scope of this dispute is narrow. Respondents do not challenge the City’s “restrictions on the use of tents or other camping gear,” “encampment clearances,” “time and place restrictions on sleeping outside,” or “the imposition of fines or jail time on homeless people who decline accessible shel- ter options.” Brief for Respondents 18. That means the majority does not need to answer most of the hypotheticals it poses. The City’s hypotheticals, echoed throughout the majority opinion, concern “violent crime, drug overdoses, disease, fires, and hazardous waste.” Brief for Petitioner 47. For the most part, these concerns are not implicated in this case. The District Court’s injunction, for example, permits the City to prohibit “littering, public uri- nation or defecation, obstruction of roadways, possession or distribution of illicit substances, harassment, or violence.” App. to Pet. for Cert. 200a. The majority’s framing of the problem as one involving drugs, diseases, and fires instead of one involving people trying to keep warm outside with a blanket just provides the Court with cover to permit the criminalization of homeless people. The majority also overstates the line-drawing problems that a baseline Eighth Amendment standard presents. Consider the “unavoidable” “difficult questions” that dis- combobulate the majority. Ante, at 32–33. Courts answer such factual questions every day. For example, the major- ity asks: “What does it mean to be ‘involuntarily’ homeless with ‘no place to go’?” Ibid. Martin’s answer was clear: It is when “‘there is a greater number of homeless individuals in [a city] than the number of available beds [in shelters,]’” not including “individuals who do have access to adequate temporary shelter, whether because they have the means to pay for it or because it is realistically available to them 516 22 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting for free.” 920 F. 3d, at 617, and n. 8. The District Court here found that Grants Pass had “zero emergency shelter beds” and that Gospel Rescue Mission’s “138 beds would not be nearly enough to accommodate the at least 602 homeless individuals in Grants Pass.” App. to Pet. for Cert. 179a– 180a. The majority also asks: “[W]hat are people entitled to do and use in public spaces to ‘keep warm’”? Ante, at 33. The District Court’s opinion also provided a clear answer: They are permitted “bedding type materials to keep warm and dry,” but cities can still “implement time and place re- strictions for when homeless individuals . . . must have their belonging[s] packed up.” App. to Pet. for Cert. 199a. Ultimately, these are not metaphysical questions but fac- tual ones. See, e.g., 42 U. S. C. §11302 (defining “homeless,” “homeless individual,” and “homeless person”); 24 CFR §582.5 (defining “[a]n individual or family who lacks a fixed, regular, and adequate nighttime residence”). Just because the majority can list difficult questions that require answers, see ante, at 33, n. 8, does not absolve fed- eral judges of the responsibility to interpret and enforce the substantive bounds of the Constitution. The majority pro- claims that this dissent “blinks the difficult questions.” Ante, at 32. The majority should open its eyes to available answers instead of throwing up its hands in defeat. C The majority next spars with a strawman in its discus- sion of Powell v. Texas. The Court in Powell considered the distinction between status and conduct but could not agree on a controlling rationale. Four Justices concluded that Robinson covered any “condition [the defendant] is power- less to change,” 392 U. S., at 567 (Fortas, J., dissenting), and four Justices rejected that view. Justice White, casting the decisive fifth vote, left the question open because the defendant had “made no showing that he was unable to stay off the streets on the night in question.” Id., at 554 (opinion 517 23 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting concurring in judgment). So, in his view, it was “unneces- sary to pursue at this point the further definition of the cir- cumstances or the state of intoxication which might bar conviction of a chronic alcoholic for being drunk in a public place.” Id., at 553. This case similarly called for a straightforward applica- tion of Robinson. The majority finds it telling that this dis- sent “barely mentions” Justice Marshall’s opinion in Powell. Ante, at 32.5 The majority completely misses the point. Even Justice Marshall’s plurality opinion in Powell agreed that Robinson prohibited enforcing laws criminalizing “a mere status.” 392 U. S., at 532. The Powell Court consid- ered a statute that criminalized voluntary conduct (getting drunk) that could be rendered involuntary by a status (al- coholism); here, the Ordinances criminalize conduct (sleep- ing outside) that defines a particular status (homelessness). So unlike the debate in Powell, this case does not turn on whether the criminalized actions are “‘involuntary’ or ‘oc- casioned by’” a particular status. Id., at 533 (Marshall, J., dissenting). For all the reasons discussed above, see supra, at 13–19, these Ordinances criminalize status and are thus unconstitutional under any of the opinions in Powell. D The majority does not let the reader forget that “a large number of States, cities, and counties” all “urg[ed] the Court to grant review.” Ante, at 14; see also ante, at 9 (“An exceptionally large number of cities and States have filed briefs in this Court”); ante, at 34 (noting the “multitude of —————— 5The majority claims that this dissent does not dispute that Robinson is “hard to square” with the Eighth Amendment’s “text and this Court’s other precedents.” Ante, at 32. That is wrong. See supra, at 12 (recog- nizing Robinson’s well-established rule). The majority also claims that this dissent “ignores Robinson’s own insistence that a different result would have obtained in that case if the law there had proscribed an act rather than status alone.” Ante, at 32. That too is wrong. See supra, at 11–12 (discussing Robinson’s distinction between status and conduct). 518 24 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting amicus briefs before us”); ante, at 14, n. 3 (listing certiorari- stage amici). No one contests that States, cities, and coun- ties could benefit from this Court’s guidance. Yet the ma- jority relies on these amici to shift the goalposts and focus on policy questions beyond the scope of this case. It first declares that “[t]he only question we face is whether one specific provision of the Constitution . . . prohibits the en- forcement of public-camping laws.” Ante, at 31. Yet it quickly shifts gears and claims that “the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes [of homelessness] and devising those responses.” Ante, at 34. This sleight of hand allows the majority to abdicate its re- sponsibility to answer the first (legal) question by declining to answer the second (policy) one. The majority cites various amicus briefs to amplify Grants Pass’s belief that its homelessness crisis is intracta- ble absent the ability to criminalize homelessness. In so doing, the majority chooses to see only what it wants. Many of those stakeholders support the narrow rule in Martin. See, e.g., Brief for City and County of San Francisco et al. as Amici Curiae 4 (“[U]nder the Eighth Amendment . . . a local municipality may not prohibit sleeping—a biological necessity—in all public spaces at all times and under all conditions, if there is no alternative space available in the jurisdiction for unhoused people to sleep”); Brief for City of Los Angeles as Amicus Curiae 1 (“The City agrees with the broad premise underlying the Martin and Johnson deci- sions: when a person has no other place to sleep, sleeping at night in a public space should not be a crime leading to an arrest, criminal conviction, or jail”); California Brief 2–3 (“[T]he Constitution does not allow the government to pun- ish people for the status of being homeless. Nor should it allow the government to effectively punish the status of be- ing homeless by making it a crime in all events for someone with no other options to sleep outside on public property at 519 25 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting night”). Even the Federal Government, which restricts some sleeping activities on park lands, see ante, at 7, has for nearly three decades “taken the position that laws prohib- iting sleeping in public at all times and in all places violate the Robinson principle as applied to individuals who have no access to shelter.” Brief for United States as Amicus Cu- riae 14. The same is true of States across the Nation. See Brief for Maryland et al. as Amici Curiae 3–4 (“Taking these policies [criminalizing homelessness] off the table does not interfere with our ability to address homelessness (including the effects of homelessness on surrounding com- munities) using other policy tools, nor does it amount to an undue intrusion on state sovereignty”). Nothing in today’s decision prevents these States, cities, and counties from declining to criminalize people for sleep- ing in public when they have no available shelter. Indeed, although the majority describes Martin as adopting an un- workable rule, the elected representatives in Oregon codi- fied that very rule. See infra, at 26. The majority does these localities a disservice by ascribing to them a demand for unfettered freedom to punish that many do not seek. VI The Court wrongly concludes that the Eighth Amend- ment permits Ordinances that effectively criminalize being homeless. Grants Pass’s Ordinances may still raise a host of other legal issues. Perhaps recognizing the untenable position it adopts, the majority stresses that “many sub- stantive legal protections and provisions of the Constitution may have important roles to play when States and cities seek to enforce their laws against the homeless.” Ante, at 31. That is true. Although I do not prejudge the merits of these other issues, I detail some here so that people experi- encing homelessness and their advocates do not take the 520 26 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting Court’s decision today as closing the door on such claims.6 A The Court today does not decide whether the Ordinances are valid under a new Oregon law that codifies Martin. In 2021, Oregon passed a law that constrains the ability of mu- nicipalities to punish homeless residents for public sleep- ing. “Any city or county law that regulates the acts of sit- ting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objec- tively reasonable as to time, place and manner with regards to persons experiencing homelessness.” Ore. Rev. Stat. §195.530(2). The law also grants persons “experiencing homelessness” a cause of action to “bring suit for injunctive or declaratory relief to challenge the objective reasonable- ness” of an ordinance. §195.530(4). This law was meant to “‘ensure that individuals experiencing homelessness are protected from fines or arrest for sleeping or camping on public property when there are no other options.’” Brief in Opposition 35 (quoting Speaker T. Kotek, Hearing on H. B. 3115 before the House Committee on the Judiciary, 2021 Reg. Sess. (Ore., Mar. 9, 2021)). The panel below already concluded that “[t]he city ordinances addressed in Grants Pass will be superseded, to some extent,” by this new law. 72 F. 4th, at 924, n. 7. Courts may need to determine whether and how the new law limits the City’s enforcement of its Ordinances. B The Court today also does not decide whether the Ordi- nances violate the Eighth Amendment’s Excessive Fines Clause. That Clause separately “limits the government’s —————— 6The majority does not address whether the Eighth Amendment re- quires a more particularized inquiry into the circumstances of the indi- viduals subject to the City’s ordinances. See Brief for United States as Amicus Curiae 27. I therefore do not discuss that issue here. 521 27 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting power to extract payments, whether in cash or in kind, as punishment for some offense.” United States v. Bajakajian, 524 U. S. 321, 328 (1998) (internal quotation marks omit- ted). “The touchstone of the constitutional inquiry under the Excessive Fines Clause is the principle of proportional- ity: The amount of the forfeiture must bear some relation- ship to the gravity of the offense that it is designed to pun- ish.” Id., at 334. The District Court in this case concluded that the fines here serve “no remedial purpose” but rather are “intended to deter homeless individuals from residing in Grants Pass.” App. to Pet. for Cert. 189a. Because it concluded that the fines are punitive, it went on to determine that the fines are “‘grossly disproportionate to the gravity of the of- fense’” and thus excessive. Ibid. The Ninth Circuit de- clined to consider this holding because the City presented “no meaningful argument on appeal regarding the exces- sive fines issue.” 72 F. 4th, at 895. On remand, the Ninth Circuit is free to consider whether the City forfeited its ap- peal on this ground and, if not, whether this issue has merit. C Finally, the Court does not decide whether the Ordi- nances violate the Due Process Clause. “The Due Process Clauses of the Fifth and Fourteenth Amendments ensure that officials may not displace certain rules associated with criminal liability that are ‘so old and venerable,’ ‘“so rooted in the traditions and conscience of our people[,] as to be ranked as fundamental.”’” Ante, at 15 (quoting Kahler v. Kansas, 589 U. S. 271, 279 (2020)). The majority notes that due process arguments in Robinson “may have made some sense.” Ante, at 19. On that score, I agree. “[H]istorically, crimes in England and this country have usually required proof of some act (or actus reus) undertaken with some measure of volition (mens rea).” Ibid. “This view ‘took deep 522 28 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting and early root in American soil’ where, to this day, a crime ordinarily arises ‘only from concurrence of an evil-meaning mind with an evil-doing hand.’ Morissette v. United States, 342 U. S. 246, 251–252 (1952).” Ibid. Yet the law at issue in Robinson “was an anomaly, as it required proof of neither of those things.” Ante, at 19. Relatedly, this Court has concluded that some vagrancy laws are unconstitutionally vague. See, e.g., Kolender v. Lawson, 461 U. S. 352, 361–362 (1983) (invalidating Cali- fornia law that required people who loiter or wander on the street to provide identification and account for their pres- ence); Papachristou v. Jacksonville, 405 U. S. 156, 161–162 (1972) (concluding that vagrancy law employing “ ‘archaic language’” in its definition was “void for vagueness”); ac- cord, Desertrain v. Los Angeles, 754 F. 3d 1147, 1155–1157 (CA9 2014) (holding that an ordinance prohibiting the use of a vehicle as “‘living quarters’” was void for vagueness be- cause the ordinance did not define “living quarters”). Other potentially relevant due process precedents abound. See, e.g., Winters v. New York, 333 U. S. 507, 520 (1948) (“Where a statute is so vague as to make criminal an innocent act, a conviction under it cannot be sustained”); Chicago v. Mo- rales, 527 U. S. 41, 57 (1999) (opinion of Stevens, J.) (inval- idating ordinance that failed “to distinguish between inno- cent conduct and conduct threatening harm”). The Due Process Clause may well place constitutional limits on anti-homelessness ordinances. See, e.g., Memorial Hospital v. Maricopa County, 415 U. S. 250, 263–264 (1974) (considering statute that denied people medical care de- pending on duration of residency and concluding that “to the extent the purpose of the [statute] is to inhibit the im- migration of indigents generally, that goal is constitution- ally impermissible”); Pottinger v. Miami, 810 F. Supp. 1551, 1580 (SD Fla. 1992) (concluding that “enforcement of laws that prevent homeless individuals who have no place to go from sleeping” might also unconstitutionally “burde[n] 523 29 Cite as: 603 U. S. ____ (2024) SOTOMAYOR, J., dissenting their right to travel”); see also ante, at 21, n. 5 (noting that these Ordinances “may implicate due process and our prec- edents regarding selective prosecution”). D The Ordinances might also implicate other legal issues. See, e.g., Trop, 356 U. S., at 101 (plurality opinion) (con- cluding that a law that banishes people threatens “the total destruction of the individual’s status in organized society”); Brief for United States as Amicus Curiae 21 (describing the Ordinances here as “akin to a form of banishment, a meas- ure that is now generally recognized as contrary to our Na- tion’s legal tradition”); Lavan v. Los Angeles, 693 F. 3d 1022, 1029 (CA9 2012) (holding that a city violated home- less plaintiffs’ Fourth Amendment rights by seizing and de- stroying property in an encampment, because “[v]iolation of a City ordinance does not vitiate the Fourth Amendment’s protection of one’s property”). The Court’s misstep today is confined to its application of Robinson. It is quite possible, indeed likely, that these and similar ordinances will face more days in court. * * * Homelessness in America is a complex and heartbreaking crisis. People experiencing homelessness face immense challenges, as do local and state governments. Especially in the face of these challenges, this Court has an obligation to apply the Constitution faithfully and evenhandedly. The Eighth Amendment prohibits punishing homeless- ness by criminalizing sleeping outside when an individual has nowhere else to go. It is cruel and unusual to apply any penalty “selectively to minorities whose numbers are few, who are outcasts of society, and who are unpopular, but whom society is willing to see suffer though it would not countenance general application of the same penalty across the board.” Furman v. Georgia, 408 U. S. 238, 245 (1972) 524 30 CITY OF GRANTS PASS v. JOHNSON SOTOMAYOR, J., dissenting (Douglas, J., concurring). I remain hopeful that our society will come together “to address the complexities of the homelessness challenge fac- ing the most vulnerable among us.” Ante, at 34. That re- sponsibility is shared by those vulnerable populations, the States and cities in which they reside, and each and every one of us. “It is only after we begin to see a street as our street, a public park as our park, a school as our school, that we can become engaged citizens, dedicating our time and resources for worthwhile causes.” M. Desmond, Evicted: Property and Profit in the American City 294 (2016). This Court, too, has a role to play in faithfully enforcing the Constitution to prohibit punishing the very existence of those without shelter. I remain hopeful that someday in the near future, this Court will play its role in safeguarding constitutional liberties for the most vulnerable among us. Because the Court today abdicates that role, I respectfully dissent. 525 ORDINANCE 2147 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING REGULATIONS FOR CAMPING ON CITY RIGHT OF WAY. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the residents of Bozeman; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to §7-14-4101, MCA, the City has the authority to prevent the encumbering of streets, sidewalks, alleys or public grounds with obstacles or materials; and WHEREAS, the United States Supreme Court has long recognized that a municipality has the right to regulate the use of city streets to assure the safety and convenience of the people in their use, and further, that governmental authorities have the duty and responsibility to keep their streets open and available for movement (Cox v. Louisiana, 379 U.S. 536 (1965)); and WHEREAS, in 2019, the United States Ninth Circuit Court of Appeals (Ninth Circuit) issued its decision in Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), holding in part that the Cruel and Unusual Punishments Clause of the Eighth Amendment “prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter;” and WHEREAS, in 2022, the Ninth Circuit issued its decision in Johnson v. City of Grants Pass, 50 F.4th 787 (9th Cir. 2022), holding local ordinances violated the Eighth Amendment to the extent the ordinances prohibited individuals from taking minimal measures to keep warm and dry while sleeping (including sleeping in vehicles); and DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 526575 WHEREAS, currently there are approximately 200 recreational vehicles, campers, vans and other vehicles on the public right-of-way throughout the city wherein people are residing or using the right-of-way for additional storage, and the Commission finds this Ordinance necessary to ensure the public rights-of-way intended for the purposes of travel for all residents are unencumbered, that street maintenance including snow removal can occur as needed, that solid waste or other waste does not accumulate impacting the health of residents or negatively impact stormwater systems, and to balance community interests and concerns; and WHEREAS it necessary for the health, safety, and welfare of all residents of the City and users of the public rights-of-way to align the municipal code with federal law and provide appropriate time, place and manner restrictions on the use of the public right-of-way for camping. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Bozeman Municipal Code is amended as follows to add a new Article to Chapter 34: Article 9. Camping on Public Right-of-Way. Sec. 34.09.010 Definitions. A. The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. “Camping” or “camp” means to pitch, erect, create, inhabit, use, or occupy camp facilities in, or otherwise inhabit, the public right-of-way. 2. “Camp facility” or “camp facilities” include but are not limited to tents, huts, temporary shelters, structures, vehicles as defined in 36.01.020, recreational vehicles with or without motive power designed for use as temporary living quarters or camping, motor homes, camping trailers, tent trailers, truck campers, camper vans, structures, or any other item used for the purpose of camping. 3. “A person experiencing homelessness” means a person that does not have the means to acquire their own shelter and who does not otherwise have access to shelter or transitional housing. 4. “Public right-of-way” means all real property (including property owned in fee or obtained through easement or dedication) administered by the city and which is used for transportation purposes, including streets, roads, bridges, alleys, sidewalks and boulevards, trails, paths, and other public ways. Sec. 34. 09.020 Camping on Public Right-of-Way is Prohibited. A. Camping on the public right-of-way within city limits is prohibited, except as provided in subsections B and C of this section. DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 527576 B. A city employee with authority to enforce this article must refer a person experiencing homelessness camping on the public right-of-way to an available shelter facility or other available temporary housing. A person experiencing homelessness may only camp on the public right-of-way when a shelter facility or other temporary housing is not available. C. If space in a shelter facility or other temporary housing is not available, a person camping on the public right-of-way must comply with the following: 1. Time: No camping may occur in the same location on the public right-of-way for more than 30 consecutive days. No camp facilities may be located or used for camping in the same location or on the same street on the public right-of- way for more than 30 consecutive days. After 30 consecutive days a camp facility must be moved to a different named street. a. A person experiencing homelessness may apply to the city manager for written permission to exceed the length of time restrictions described above. b. Factors the city manager may consider in granting permission include but are not limited to the location of the camp facilities, the person’s employment status, site conditions, and the person’s connections to social services and the community. 2. Place: Camping on the public right-of-way is prohibited, regardless of the availability of shelter space, in the following locations: a. Adjacent to or immediately across from any parcel or lot containing a residential dwelling including lots or parcels with multi-household dwellings; b. Within 100 feet of a public entrance of any commercial business or non- profit organization; c. Adjacent to or immediately across from the boundary of any public park; d. Adjacent to or immediately across from any parcel or lot containing any public or private school, including secondary, elementary, or preschool, or any lot or parcel containing a daycare; e. Any location in violation of any posted parking signs or painted curbs prohibiting parking or otherwise limiting the hours of parking; f. Within a bike lane, street median, sidewalk, or public pathway or trail. 3. Manner: a. All camp facilities and their immediate area must be maintained in a clean and orderly manner. A clean and orderly manner includes, but is not limited to, all waste, debris and trash must be in a container and personal items, when not actively being used, must be stored inside a camp facility. b. No waste, sewage, debris, trash, personal items, or additional vehicles or trailers may be discarded of or stored in the right of way. DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 528577 c. No fires are permitted within the public right-of-way. d. Generators must be stored and located on a paved surface. Fuel must be in containers designed for the fuel stored therein. e. Camping on the paved surface of any street in a tent, tarp, or in only sleeping bags, blankets, or other rudimentary forms of protection from the elements, is prohibited. f. No structures may be built or maintained on the public right-of-way pursuant to 34.02.050. Sec. 34.09.030 Violations; penalties A violation of 34.09.020 shall be a municipal infraction pursuant to Chapter 24, Article 2 of this Code subject to the following: A. Each violation of 34.09.020 shall be punishable by a civil penalty not to exceed twenty- five dollars. Each day a violation occurs constitutes a separate offense. B. In addition to the requirements of 24.02.030B, the city must prove by clear and convincing evidence that three warnings were given to the person prior to the issuance of the first municipal infraction under any subsection of Sec. 34. 09.020C. C. If unsanitary conditions exist, the city may abate or cause to be abated any waste, debris, trash, structure, tent, property, or item in the public right-of-way by conspicuously posting a 72-hour notice of abatement. After the 72-hour notice period, any property remaining will be considered abandoned and subject to disposal. No notice is required to abate a condition impeding traffic or when the condition poses an imminent risk to public health or safety. D. The city may remove or cause to be removed any camp facility in violation of 34.09.020.C.2 after posting a notice on or near the camp facility for at least 24 hours prior to removal. No notice is required if the camp facility is impeding traffic or poses an imminent risk to public health or safety. E. In the event a camp facility belonging to a person experiencing homelessness is towed or impounded by the city, no fees will be associated with the first or second towing or impoundment. In the event the city tows or causes to be towed a camp facility belonging to a person experiencing homelessness three (3) or more times due to violations of this article, costs of towing and impoundment may be assessed against the owner. F. This Article may be enforced by any city law enforcement officer, code enforcement officer, parking enforcement officer or other employee upon written designation by the city manager. Determinations regarding abatement or emergency removal without notice shall be made by the director of transportation and engineering or their designee. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 529578 the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. The provisions of Section 1 shall be codified as appropriate in Chapter 34 of the Bozeman Municipal Code. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 19th day of September, 2023. DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 530579 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 therefor held on the 24th day of October 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney ____________________________________ CYNTHIA L. ANDRUS DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 531580 Certificate Of Completion Envelope Id: C63BE65CFC564CAD87E744829851EBEF Status: Completed Subject: Complete with DocuSign: Final_Ordinance_2147.pdf Source Envelope: Document Pages: 6 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Alex Newby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 2 anewby@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 10/26/2023 2:02:48 PM Holder: Alex Newby anewby@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City Manager Location: DocuSign Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 10/26/2023 2:13:18 PM Viewed: 10/26/2023 2:21:10 PM Signed: 10/26/2023 2:21:19 PM Electronic Record and Signature Disclosure: Accepted: 10/26/2023 2:21:10 PM ID: 18e302e7-c614-4bf1-82c3-cb407d802ec6 Cynthia Andrus candrus@bozeman.net MAYOR Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 63.76.69.42 Sent: 10/26/2023 2:21:20 PM Viewed: 10/26/2023 3:20:12 PM Signed: 10/26/2023 3:20:35 PM Electronic Record and Signature Disclosure: Accepted: 8/24/2022 8:25:30 PM ID: 798e3b08-f9de-4a01-893c-7fbae9705c49 Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 10/26/2023 3:20:37 PM Viewed: 10/26/2023 3:57:40 PM Signed: 10/26/2023 3:57:48 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:22:44 PM ID: b1bb90fd-5db8-4a5f-9451-9536f39ef003 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp 532581 Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kira Peters kpeters@BOZEMAN.NET Security Level: Email, Account Authentication (None) Sent: 10/26/2023 3:57:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/26/2023 2:13:18 PM Certified Delivered Security Checked 10/26/2023 3:57:40 PM Signing Complete Security Checked 10/26/2023 3:57:48 PM Completed Security Checked 10/26/2023 3:57:50 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 533582 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City Manager (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City Manager as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City Manager during the course of your relationship with City Manager. 536585 July 26, 2024 Transmitted via email: cwinn@bozeman.net Mr. Chuck Winn City Manager City of Bozeman Re: Director of Transportation and Engineering Health and Safety Review of Vehicular Camping in the Right of Way City Manager Winn, The purpose of this memo is to document my review of vehicular camping on public street right of way from an engineering and transportation perspective. The context of this review is specifically under the purview of public health and safety; this does not attempt to pass judgement on the unhoused individually or as a class of people nor does it consider alternatives to these living arrangements. Unhoused in the context of this review shall speak specifically to vehicular camping. Unsheltered camping within street rights of way presents a clear and immediate safety risk to those residing on the right of way due to the presence of active vehicular traffic and should not be allowed in any circumstance. This review comes from the authority given to me as the Director of Transportation and Engineering by the Bozeman Municipal Code (BMC). BMC 2.04.1350 defines the powers and duties designated to the Director of Transportation and Engineering, a position which I currently hold. These duties place authority for management of public right of way including design, construction, operations, and maintenance. Further infrastructure oversight of the position, pertinent to this review of unhoused in the right of way, include sewers, drains, ditches, streams, and watercourses. 1. Local Streets This review begins with a spatial analysis of street right of way where vehicular camping is occurring in the city of Bozeman. Due to “Place” requirements in Ordinance 2147, vehicular camping in the city of Bozeman typically occurs in very similar contexts; on streets that provide street parking and whose adjacent land has yet to be developed. The city’s Unified Development Code requires public infrastructure components to be built prior to development of land. When vertical construction of homes and businesses does not immediately follow the construction of street infrastructure in new subdivisions, these streets become attractive to vehicular camping. On the functional classification system of our city street network, these locations of vehicular camping are typically defined as Local Streets. Design standards for street dimensions are based on the need for safe and efficient travel by what is known as the Design Vehicle. The Design Vehicle is the type of predominant, controlling vehicle expected to use a street. For Local Streets, the Design Vehicle is typically considered to be a Passenger Car or Truck. This street type can support larger vehicles for emergency services and deliveries, but only due to the infrequency of need. 537 Local Streets in Bozeman require a 60’ right of way and must provide drive lanes, parking lanes, boulevards, and sidewalks in each direction. The curb-to-curb width of a Local Street varies between 30’ and 35’. The standard width of a parking lane is 8’ measured from the face of curb. This leaves between 14’ and 19’ of space for operation of two-way vehicular traffic. The 8’ standard width of parking lanes is based on the typical Design Vehicle width of 72”-78”. Additional space beyond vehicle dimension is provided based on the expectation of drivers being unable to pull flush to the curb. Additional parking lane width is provided so parked vehicles do not conflict with moving vehicles. However, vehicular camping typically occurs using various forms of campers and recreational vehicles. These vehicles are substantially larger than the local street design vehicle, with a typical width of between 8’ to 8.5’. Additionally, vehicular camping is rarely confined to the vehicle itself. Camp sites often extend 10’-12’ in width adding additional impact to the right of way. As demonstrated in the photo below, these oversized vehicles lead to a substantial narrowing of the clear width required for vehicular operation. 538 Under the authority given to me in BMC Chapter 36, I have previously set a policy of precluding parking on both sides of a local street that has attracted vehicular camping such that sufficient space is provided for emergency services, snow removal, and safe vehicular operation. Parking on both sides of a typical Local Street that contains vehicular camping would constrain the drive aisle to a degree that would preclude necessary services and induce a safety hazard to the general public as well as the unhoused. This analysis concludes that the streets in which Bozeman experiences vehicular camping were not designed for the width of vehicles people are frequently using for vehicular camping. 2. Sight Distance The second component of this review is a spatial analysis of sight distance at intersections. Intersection Sight Distance refers to the clear line of sight available from one leg of an intersection looking toward an intersecting leg of the cross street. This design criteria is critical to the safe operation of the right of way. Sight distance requirements for land development are shown in BMC 38.400.100 Street Vision Triangles: While this code provision is specific to the placement of fences, walls, plantings, and structures the concept remains valid for any sight obstructions within the right of way. Vehicular Camping, as experienced in Bozeman, typically comes in the form of vehicles much taller and wider than passenger vehicles. The size of the campers introduces a larger sight obstruction than would typically be formed by parked cars, as demonstrated below: 539 The first camper shown in this photo restricts sight lines such that a driver is unlikely to see both the required traffic control for the intersection as well as any intersecting vehicles, bicyclists, and pedestrians. 3. Bike Lanes and Sidewalks The third component of this review is a spatial analysis of vehicular camping along streets with bike lanes and sidewalks. On-street bike lanes striped where street parking is also present are typically placed between drive lane and parking lane. As discussed earlier, the width of campers typically used by the unhoused are wider than the space provided for parking. This induces a conflict between camper and bike lane that forces a cyclist into mixed traffic, creating a significant safety hazard. Vehicular campsites also often extend outside the perimeter of the camper being used. Where sidewalks are present, personal belongings are often found to block sidewalk access and create hazards both for able-bodied and those with disabilities. While engineering is traditionally considered to be a physical practice, transportation engineers must consider the social and psychological aspects of design and management of the right of way on its users. The city strongly encourages walking and biking as means of transportation other than car. For this to be successful, the comfort of people using those active modes of transportation is critically important. Vehicular camping often creates a perception of unsafe conditions, as demonstrated through numerous public comment from Bozeman residents and those in other cities experiencing urban camping. People must feel safe in order to encourage walking and biking, and the presence of urban camping significantly detracts from that goal. 540 4. Sanitation Finally, city staff continue to find unsanitary conditions associated with camping along the right of way. Evidence of human waste disposed of directly into storm drains and adjacent watercourses and ditches is frequent. While this analysis is qualitative and no formal study has been undertaken to assess the quantitative impact on the environment, this behavior should not be tolerated for the health of the public, city staff, and environment. I respect that policy decisions related to those experiencing homelessness in our community lies solely with the City Commission and I will continue to carry out those directives. However, speaking strictly as your Director of Transportation and Engineering, I cannot recommend the right of way as an appropriate location for vehicular camping based on the clear degradation of safety for all involved. Nicholas Ross, P.E. Director of Transportation and Engineering City of Bozeman Cc: Anna Saverud, Chief Civil Attorney Greg Sullivan, City Attorney 541 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Continue the South Range Crossing (SRX) II Growth Policy Amendment Application to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 7.644 acres in Association with a Zone Map Amendment (Application 24196) on Property Located on the Northeast Corner of South 19th Avenue and Graf Street, Application 24195 to August 13, 2024 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: I move to continue the public hearing for review of application 24195, the SRX II Growth Policy Amendment to August 27, 2024. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The city received an application to modify the Bozeman Community Plan 2020 Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to B-2M (Community Commercial Mixed), see application 24196. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application is moot. No change to the text or the plan is proposed. The Community Development Board reviewed the growth policy amendment and associated zone map amendment for the proposed B-2M zone on July 15, 2024, and forwarded a favorable recommendation. The Commission is scheduled to discuss Urban Camping on August 6th prior to taking up the growth policy and zone map amendments. To create a favorable environment for this policy discussion and interested parties, we are respectfully requesting a continuance for the public hearing. 542 UNRESOLVED ISSUES:No unresolved issues have been identified at this time. ALTERNATIVES:1. Approve the application, 2. Deny the application finding non-compliance with the review criteria, 3. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. Attachments: 24195 SRX II GPA CC SR.pdf Report compiled on: July 22, 2024 543 Page 1 of 29 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Public Hearing Dates: Community Development Board July 15, 2024. City Commission August 6, 2024. Project Description: A growth policy amendment to revise the future land use map from Urban Neighborhood to Community Commercial Mixed Use on approximately 7.644 acres. Project Location: The property is located on the northeast corner of South 19th Avenue and Graf Street. The property is legally described as a Tract of Land located in the Southwest One-Quarter (SW ¼) of the Northwest One-Quarter (NW ¼) of Section 24, Township Two-South (T2S), Range Five-East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval with contingencies Community Development Board Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend the City Commission approve the growth policy amendment application 24195. City Commission Recommended Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to approve Application 24195, the SRX II Growth Policy Amendment. Report: July 22, 2024 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. 544 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 2 of 29 Project Summary The City received an application to modify the Bozeman Community Plan 2020 (BCP 2020)Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to REMU and B-2M (Community Commercial Mixed), see application 24196. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application for the area is moot. No change to the text or the plan is proposed. The SRX II GPA is a revised application previously reviewed and denied by the City Commission on March 5, 2024, Application 23063, and an associated zone map amendment Application 23059. The original application requested modifying 17.5 acres from Urban Neighborhood to Community Commercial Mixed Use. In short, the Commission determined the size and location of the request was beyond what the community considered during the recent creation and adoption of the Bozeman Community Plan 2020 adopted by Resolution 5133 on November 17, 2020. Further, the size and configuration would stretch the commercial corridor that conflicts with a variety of the goals and policies of the BCP 2020. Finally, the size and configuration of the area would likely not serve the goal of neighborhood commercial activity the application stated the desired outcome of the application. The record of the hearing and deliberations can be viewed at the following link. The hearing starts at time stamp 1:31:45. https://bozeman.granicus.com/player/clip/2233?view_id=1&redirect=true The city prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. The applicant proposed modifying the future land use designation from Urban Neighborhood to Community Commercial Mixed Use. The Bozeman Community Plan 2020 and the associated Future Land Use Map is the fundamental building block for many future development decisions including zoning, community character, intensity, density, parking, and other aspects. Changes to the plan are infrequent and are reviewed with gravitas. Considerable development is occurring around the subject property including the Nexus Point and Graf apartments across 19th Street to the west, the South University District to the north, South Range Crossing on the south, Jarret Major Subdivision, Allison Subdivision to the east, and others. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. 545 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 3 of 29 Application materials are available through the City’s website. No public comment has been received as of the writing of this report. Community Development Board Summary The Community Development Board in their capacity as the Planning Board held a hearing on July 15, 2024, to consider the application and provide the City Commission a recommendation. Based on the record presented the Board focused on three over-arching themes. First, they found the application supports the BCP 2020 desire of creating an even distribution of commercial activity and is suitable for the area needs. Secondly, the change should support the needs for neighborhood goods and services lacking on the south and west side of town. And finally, the request highlights the desire to further Goal N-2: to pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. In conclusion the Board voted unanimously (5:0) to recommend approval of the growth policy amendment. There was no public comment on the application. A full recording of the deliberations can be viewed at the following web link. The discussion starts at time stamp 1:18:10. https://bozeman.granicus.com/player/clip/2322?view_id=1&redirect=true Alternatives 1. Approve the application, 2. Deny the application finding non-compliance with the review criteria, 3. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 546 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 4 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board Summary........................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - CONTINGENCIES OF APPROVAL ............................................................. 12 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS .................................... 12 SECTION 4 - STAFF ANALYSIS AND FINDINGS ........................................................... 13 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 26 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 29 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 29 547 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 5 of 29 SECTION 1 - MAP SERIES Map 1: Location Map 548 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 6 of 29 Map 2: View of existing area Future Land Use Map designations 549 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 7 of 29 Map 3: Current zoning 550 Page 8 of 29 Map 4: Large Scale Location Map 551 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 9 of 29 Map 5: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 552 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 10 of 29 Map 6: Large Scale Current Zoning Map 553 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 11 of 29 Map 7 - Application Exhibit 554 Page 12 of 29 SECTION 2 - CONTINGENCIES OF APPROVAL If the City Commission approves the application, the following contingencies are recommended. Please note that these contingencies are necessary for the City to complete the processing of the proposed amendment. Recommended Contingencies: 1) The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½ x 11-inch or 8½ x 14-inch exhibit titled “SRX II Growth Policy Amendment” and PDF file to the Department of Community Development containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Department of Community Development. 2) The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the entire area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan 2020. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a growth policy map amendment, Staff recommends approval for the application as submitted, with analysis provided in Section 4 below. The Development Review Committee (DRC) considered the amendment on May 15, 2024, and finds no limitations on approval. This determination means the city’s utility and infrastructure plan anticipated capacities can adequately accommodate any proposed use for either the Urban Neighborhood or Community Commercial Mixed Use future land use designation. The Community Development Board in their capacity as the Planning Board will hold a public hearing on July 15, 2024, to make a recommendation to the City Commission for the growth policy map amendment. After consideration of all materials and matters they recommended approval or disapproval of the amendment. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. The City Commission will hold a public hearing on the growth policy map amendment on August 6, 2024. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. 555 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 13 of 29 SECTION 4 - 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. In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. See the application materials for the applicant’s response to criteria and arguments in favor of approval. To reach a favorable decision on the proposed application the City Commission must find that the application meets all of criteria 1 – 4 of Chapter 5 | Plan Amendments, Review Triggers Amendments, and Amendment Criteria, page 67, Bozeman Community Plan 2020. In making these findings, they may identify that there are some negative elements within the specific criteria with the final balance being a positive outcome for approval. When an amendment to either the text of the Plan or the future land use map is requested, it must be reviewed against the criteria cited herein and listed below: 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives; 3. The proposed amendment must be consistent with the overall intent of the growth policy; and 4. The proposed amendment may must not adversely affect the community as a whole or any significant portion thereof by: a. Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, b. Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, c. Adversely impacting existing uses because of inadequately mitigated impacts on facilities or services, or d. Negatively affecting the health and safety of the residents. 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; 556 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 14 of 29 Criterion met. This criterion contains two alternate parts. A favorable finding for either part supports a positive finding. The time horizon for the BCP2020 is 20 years and the future land use map and other elements such as the city’s facility plans extend further into the future. In the words of John Heywood, “Rome wasn’t built in a day, but they were laying bricks every hour.” The plan is the city’s fundamental land-use planning document that helps the Commission determine how and where to apply limited resources in the most impactful and financially sustainable manner. The BCP2020 lists seven themes that describe the vision of the city with numerous goals and objectives designed to achieve the outcome. There is often tension between some of the goals and objectives and importance of a given goal may change over time. And, perhaps most important, these goals and objectives are dependent on one another. A key responsibility of the City Commission in implementing the BCP2020 is balancing the competing priorities that the plan must address. That balance may be adjusted over time as one issue takes greater importance. The Future Land Use Map (FLUM) for the Planning Area is an indispensable part of this Plan. It utilizes ten land use categories to illustrate and guide the intent, type of use, density, and intensity of future development. The map does not always represent existing uses but does reflect the uses that are desired. The subject area has been designated for urban density residential use since at least the adoption of the 1990 Growth Policy and shows areas for commercial development just north and south of the subject property. As shown on Map 2 and 3, commercial nodes are identified at the corners of South 19th and Stucky and Blackwood Roads totaling 327 acres. The 160-acre Community Commercial Mixed-Use property on the southwest corner of Blackwood Road and South 19th Avenue is not annexed. The Commercial Mixed-Use property on the northwest corner of Stucky Road and South 19th is annexed, and development has begun. The Plan addressed the need for additional commercial land on the southwest side of the city. The southwest side of the city has been slow to develop compared to other parts of the city, however, that has changed. The amount and scope of development occurring in the southwest quadrant is considerable. In total over 2,000 dwelling units are in the hopper. These, plus existing developments such as Meadow Creek, Southbridge, Gran Cielo, Alder Creek, Blackwood Groves, and other existing neighborhoods such as the Figgins subdivision, means the number of people residing in this area may be surpassing expectations of the BCP2020. In terms of whether the current proposal better responds to the needs of the general community and/or improves the growth policy, one primary question arises: Would the new designation 557 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 15 of 29 and associated land uses better respond to the needs of the general community and/or improve the growth policy? The applicant states the proposed modification to the FLUM responds to community needs by altering the designation from Urban Neighborhood to Community Commercial Mixed Use. A variety of zoning districts are used to implement these designations. The descriptions of the existing and requested future land use map designations follow. 1. URBAN NEIGHBORHOOD (UN) The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. 5. COMMUNITY COMMERCIAL MIXED USE (CCMU) 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 558 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 16 of 29 size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. 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. The term “neighborhood commercial” is germane to the conversation. Commercial development is generally characterized as neighborhood, community, regional, or corridor commercial development. Neighborhood commercial would be smaller in scale and provides daily convenience goods and services easily accessible to the residents of the immediate area. Neighborhood commercial areas might contain a grocery store, bakery, neighborhood restaurant, drug store, gas station and convenience store, daycare, or some office space. For comparison: 1) COSTCO 16 acres 2) Target 10 acres 3) Bozeman Public Safety Center 7.9 acres 4) Safeway 5.5 acres 5) The MSU College Street B-1 (Neighborhood Commercial) area that includes four restaurants, two convenience stores, a grocery store, two coffee shops, and several personal service businesses. 4.25 acres 6) Whole Foods 4 acres 7) Town & Country east (the old Heebs) 2.1 acres Given the size of this site at 7.644 acres, large scale commercial development is unlikely unless structured parking is utilized to meet parking requirements. The College Street commercial area may be the best example of a neighborhood commercial area of those listed above. This area is accessible by residents in the vicinity without a car and provides goods and services that most people can reasonably carry a short distance. In addition, a primary determiner of a neighborhood commercial area is: “whether it feel safe and inviting for all modes of travel?” Crossing arterial and/or collector type streets can be difficult for many individuals. 559 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 17 of 29 Any decision to alter the future land use must be made knowing what zoning districts implement that designation. In this case a wide variety of zoning districts are used to implement the CCMU designation. The existing Urban Neighborhood designation focuses on residential use and if zoned REMU, allows commercial and office activities in proportion to the amount of residential. The CCMU designation is commercial in character. While residential uses are permitted by right, the mass and scale of development promotes commercial areas necessary for economic health and vibrancy including such activities as professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. 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. As the applicant states the property is located on major streets. Population density is necessary to support neighborhood and community commercial areas. As noted in the BCP2020 the city desires simultaneous emergence of residential and commercial activity. Sufficient density of population is needed to make commercial activity viable if not dependent on the vehicle. As noted above, the area is rapidly developing and includes developments such as Nexus Point and Graf Street apartments, among others. The area is experiencing considerable residential development with more in the works. Chapter 1 | Basics, Basic Planning Precepts of the BCP discusses the principals the City used to prepare the policies, goals, objectives, land use designations, and future land use map in this Plan. See page 20. Most of these precepts relate to this and all map amendments. Five of them 560 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 18 of 29 stand out in relation to this application. These are overarching precepts above any one or several specific goals or actions. ▪ Variety in housing and employment opportunities are essential. ▪ Land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development. ▪ Infill development and redevelopment should be prioritized, but incremental compact outward growth is a necessary part of the City’s growth. ▪ The needs of new and existing development coexist, and they should remain in balance; neither should overwhelm the other. ▪ The City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. The proposed FLUM change both furthers and hinders a variety of Community Plan goals and objectives when analyzed through the lens of responding to the needs of the general community. The applicant lists numerous goals and objectives the application furthers, listed below, and attached in the applicant submittal. When considering this application staff leans on the existence of significant commercial areas in the immediate vicinity, relatively low density of housing in the area to support corridor type commercial development, the critical need for a variety of housing, the physical barriers for multi-modal transportation to the site, and the BCP2020 shows suitable commercial nodes in the future land use map. Relevant goals and objectives to this application include the following: N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. Rationale: The Future Land Use map depicts area designated for all types of city functions. The current plan shows the location for anticipated commercial development that are in concert with the existing infrastructure to support such activities. As noted above there are approximately 327 acres of land in the vicinity designated for commercial development. While some properties are developed and some are not, little commercial development has occurred in the southwest quadrant of the City. Using the intersection of Lincoln Street and South 11th as a destination which includes Town and Country Foods, and a variety of other businesses, the development of Gran Cielo is 2 miles away and people must cross South 19th. Similarly, Meadow Creek is 2.3 miles away and Alder Creek 1.4 miles although on 561 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 19 of 29 the east side of 19th making access easier for other forms of transportation. Staff concurs with the applicant’s statement that, “According to the EPA Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of a neighborhood commercial center due to its proximity to dense multi-family housing (directly across the street from a future LIHTC Project) and single household dwellings. Furthermore, it is situated along a Principal Arterial and Collector, which provides appropriate separation between commercial and residential uses. This positioning also allows for ease of access to the site from adjacent neighborhoods and all South Bozeman.” DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Rationale: The existing zoning of R-1 and R-2 are generally not in conformance with the BCP2020. The existence of non-conforming zoning does not necessitate change, an alternate designation would be more supportive of the plan. The request is for B-2M which in turn requires this FLU amendment. Currently there is a dearth of commercial activity to meet general needs of residents on the southwest quadrant of the city. The BCP2020 shows areas for future commercial development, they are larger in area, little development has occurred, and the node on the southwest corner of Blackwood and 19th is not annexed with substantial infrastructure needs to develop. South 19th is a Major Arterial Street and Graf is a designated Collector. These two street classifications support greater development capacity. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. Rationale: The Future Land Use map depicts area designated for all types of city functions. The current plan shows the location for anticipated commercial development that are in concert with the existing infrastructure to support such activities. As noted above there are approximately 327 acres of land in the vicinity designated for commercial development. While some properties are developed and some are not, the plan anticipates the long term needs of the city by creating the framework to accommodate needs as they evolve over time. The city plans for longer than the current use. However, community needs change, and the market responds. As noted by the applicant, the argument can be made that this area is better suited for commercial development. The discussion above suggests “neighborhood commercial” flourishes 562 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 20 of 29 in a different context of being more imbedded in residential neighborhoods, does not have major impediments for all users to access, and size of development tends to be constrained. According to the Demographic and Real Estate Market Assessment, 2018 [External PDF] (EPS) report and the Bozeman 2023 Economic and Market Update [External PDF], Bozeman has an excess of commercially zoned lands for current needs. According to the BCP2020 FLUM there are two large commercially designated areas within one-half mile of the subject property that include approximately 327 acres of Community Commercial Mixed-Use lands. See section two: maps. Underutilized commercially designated areas already exist in vicinity. Conversion of additional lands from UN to CCMU may exacerbate this fact. However, there appears to be an emerging trend in Bozeman to promote dispersed commercial nodes which doesn’t negate planned area for commercial development, rather suggest larger regional commercial development nodes may not be appropriate for this area. The burden to show that the proposed growth policy is amendment is curing a deficiency or improving the growth policy to better respond to the needs of the general community lies with the applicant. The applicant provides the following argument. “Yes, this amendment results in an improved growth policy. The project site was initially designated for the Yellowstone Theological Institute, which had plans to establish a community center. However, subsequent changes in vision have led to a shift in plans for the property. At the time, the zoning and Community Plan Future Land Use Map Category considerations were not extensively explored due to ongoing planning and design efforts for the community center. Since then, a new vision has emerged, one that is better aligned with the goals of the Community Plan. The transition to Community Commercial Mixed-Use future land use represents an improved growth policy, advancing a wider range of goals and objectives. In Bozeman’s 2020 Community Plan, it states that a primary goal and strategy guiding growth is to create neighborhoods that “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” Unfortunately, this has not yet been achieved under the 2020 Growth Plan for this southern area of Bozeman. The area south of Kagy lacks any significant commercial services, and certainly lacks anything that would be considered walkable for residents. In addition, existing neighborhoods are largely homogeneous regarding product type, with single households comprising a significant majority of the product type in this area. This has created a wide area of single-family subdivisions that are not dense, and a lifestyle that forces residents to solely rely on motor vehicles to reach amenities and 563 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 21 of 29 services. This being said, it should also be recognized that there is now a significant portion of multifamily being proposed/built in this area. While this is a step in the right direction, this increased density needs to be supported by simultaneously developed commercial nodes that allow residents in this area to access essential goods and services. Although City staff has recognized the need for land use patterns that enable improved walkability, the entire subject property in question was recently designated as Urban Neighborhood in the City’s 2020 Community Plan. Principles applied within this designation include integrating “urban density homes in a variety of types, shapes, sizes, and intensities.” and a “some neighborhood-serving commerce provide activity centers for community gathering and services.” While this designation was appropriate for a portion of this property, amending a portion of the site to the Community Commercial Mixed-Use growth designation will help more Community Plan goals be achieved. Principles applied within the Community Commercial Mixed- Use designation include promoting “commercial areas necessary for economic health and vibrancy.” and “located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes.” The addition of the Community Commercial Mixed-Use growth designation to a portion of this site would support the Community Plan’s goal of simultaneous emergence of commercial nodes and residential development. For the development of this site, the proposed change would allow this property to provide a neighborhood scaled commercial node that is both supported by future residents on this property and surrounding properties. Each of the following principles are captured within the goals of the Community Commercial Mixed-Use and Urban Neighborhood growth designations and REMU and B-2M zoning designations, which allow the property and these specific zoning designations to cure an existing deficiency in the 2020 Community Plan for this area of Bozeman. The list below identifies a series of goals and policies that apply to this Growth Policy Amendment. N-1.5 - Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. 564 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 22 of 29 The subject site, which is the former site of the Yellowstone Theological Institute, is centrally located on the south side, which will create a focal point and potential node along the south side of Bozeman. This area has a significant amount of residential development that is planned, under construction, and already built. By quick estimation there are over 6 thousand units that are either already built or currently in the planning stage. According to the EPA Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of a neighborhood commercial center due to its proximity to dense multi-family housing (directly across the street from a future LIHTC Project) and single household dwellings. Furthermore, it is situated along a Principal Arterial and Collector, which provides appropriate separation between commercial and residential uses. This positioning also allows for ease of access to the site from adjacent neighborhoods and all South Bozeman. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. As documented above, this project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. The higher density residential is being built without any real access to goods or services. The result of this is more vehicle trips and more congestion in other neighborhoods. Allowing for some commercial in this area will dramatically increase the access that these neighborhoods desperately needed. This access is surrounded by a great multi-modal transportation network, so access to the site via an alternative mode of transportation is viable. With the development of this neighborhood as well as the surrounding ones to the east, one will be able to get from Main Street to the project site largely on a network of trails. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial develop. There is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network, its central location within this largely residential area, and access to the existing multimodal network. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. DCD-1.2 Remove regulatory barriers to infill. 565 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 23 of 29 DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. The Yellowstone Theological Institute originally subdivided this site in 2017 but it has largely been undeveloped since then. It's worth noting that the Growth Policy likely wasn't revised to include community commercial zoning in this area, largely due to the original vision for the property. However, with the change in vision, it's evident that updating the growth policy is necessary. This Growth Policy and Zone Map Amendment will allow for this vacant site to be developed. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. This site being centrally located on the south side in addition to being along two major roadways make it the best location for neighborhood-scale commercial development. Furthermore, the rapidly expanding multi-modal network makes this site perfect for commercial development. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The Larger South Range Crossing II Project will offer a diverse range of housing options, including deed-restricted LIHTC housing. By strategically situating amenities and services near denser residential areas and main transportation routes, residents may find themselves relying less on personal vehicles or needing to travel far distances. This approach aims to reduce overall traffic congestion and minimize the need for extensive commuting throughout the community.” Locating commercial property is complex and beyond the scope of this report. However, the city has examined the amount needed and generally considered the most appropriate locations to serve the city needs. These locations are based on anticipated residential development, transportation corridors, existing commercial areas, adopted infrastructure plans and conformance with the community plan. Based on the analysis discussed above, staff concludes the proposed FLUM amendment responds better to the needs of the general community There is an associated zone map amendment, see application 24196 requesting B-2M zoning for the subject property. If the Commission determines the applicant did not overcome their burden of proof showing the amendment cures a deficiency in the growth policy or improves the growth policy to better respond to the needs of the general 566 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 24 of 29 community, the zone map amendment is moot. On the other hand, if the Commission finds that this condition is met, the zone map amendment may be considered. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives. Criterion met. Staff reviewed the growth policy goals and objective and future land use map. The proposed amendment does not create any identified significant inconsistencies within the growth policy goals or between goals and maps. See discussion for Criterion 1. However, there is concern and an acknowledgment that removing residential land from the inventory and replacing with commercial land may, depending on how the city develops, be contrary to some goals and policies of the BCP2020. All future development must demonstrate compliance with all regulatory standards addressing transportation, parks, building design, and all other standards. The standards have been crafted and adopted to implement the goals and objectives of the growth policy. Therefore, compliance with the standards will ensure this criterion is met. Properties to the west and east are designated as residential areas. Properties to the north are designated as mixed-use and commercial while lands directly to the south residential. Bozeman’s zoning districts are dynamic and generally allow a variety of uses both horizontally and vertically which, depending on the building’s configuration can be viewed as a positive or negative depending on one’s perspective. 3. The proposed amendment must be consistent with the overall intent of the growth policy. Neutral. The overall intent of the growth policy is to proactively and creatively address issues of development and change while protecting public health, safety and welfare (page 20). If approved, the proposed amendment to the future land use map will allow the site to be considered for future applications that, if approved, would allow development or further development of the site. The growth policy discusses the primary issue of “Does the City Have to Grow” and the subsequent equation, if so how, see pages 12 – 15 Bozeman Community Plan 2020. This discussion illustrates, in part, why this application is generally consistent with the overall intent of the plan. Specific goals and objectives found in Chapter 2 further this statement. The City supports development within its boundaries where municipal services can be effectively and efficiently provided. The property has been annexed and the Development Review Committee considered the application and did not find infrastructure constraints that cannot be addressed through further development review. The BCP2020 in several 567 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 25 of 29 themes encourages infill and densification of area already served with utilities. Utilities and transportation are available and being extended into the site. The change, if approved, will facilitate placement of substantial employment near increasing residential development and is adjacent to existing arterial and collector streets. The priorities found in the BCP2020 must be balanced by evolving community needs and market forces. 4. The proposed amendment will not adversely affect the community as a whole or significant portion thereof by: a) Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, Criterion Met. The proposed map amendment is for a modest sized area and does not significantly alter land use patterns from those established by the plan for the city. The existing land use designation is Urban Neighborhood, and the proposed land use designation is Community Commercial Mixed Use. The former is primarily residential and the latter commercial although both allow a diverse use and allow for intensive development. As shown in the maps section, the property is surrounded by other Urban Residential area, it is not uncommon to have islands of different categories in this scale. Although there is a change in designation, Staff finds the change will not significantly alter the land use pattern contrary to the Bozeman Community Plan. As discussed in Criterion 1, the proposed amendment advances some goals and principles and hinders others, although is not contrary to the growth policy. b) Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, No negative impacts to other lands or the community are anticipated because of the proposed growth policy amendment. The site is located within the service boundary for municipal infrastructure and all city services are constructed and directly adjacent to the subject property. Prior to development, additional review is required. Adopted city standards will ensure essential transportation, water, sewer, and communication utilities within the site. The proposed change in future land use designation does not alter the essential layout of municipal services. The property is adjacent to arterial and collector streets. No unusual impacts on infrastructure are expected. 568 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 26 of 29 c) Adversely impact existing uses because of inadequately mitigated impacts on facilities and services, No adverse impacts have been identified at this time. The DRC considered impacts of both outcomes and found no limitations that cannot be addressed with further review. Additional review will occur during site development and mitigation of any potentially adverse impacts will be addressed at that time, as required by municipal code. This approach enables mitigation to be proportionate to the proposed development as required by law. The applicant provided analysis for the new uses which indicate that municipal services are not materially impacted by the potential change. d) Negatively affecting the health and safety of the residents. The change from primarily residential to a commercial character development will change the character of the site. However, both development types generate traffic, noise, and other impacts inherent in the presence of people. These changes will affect adjacent residents positively and negatively. These changes will occur regardless of the land use designation. What may be different is the scope of the changes. Designation of this site as Community Commercial Mixed Use, if approved, will provide more opportunity for commercial uses on the property while still allowing residential uses. The exact mix and nature will be influenced by the future decision of an implementing zoning district. If the project is designed appropriately, it can remain compatible with surrounding land uses and should not negatively affect the livability of the area or the health and safety of residents. The land use change would allow for additional opportunity for a mixed-use neighborhood with conveniently located commercial uses and employment opportunities to meet the expanding demands of the new neighborhood and growing surrounding neighborhoods in an area that is appropriate and compatible for such uses. The standards for mitigating development impacts contained in Chapter 38 of the municipal code remain in place for either designation. These have been adopted to protect health and safety and also to protect livability of the community. Therefore, staff does not find any negative affects to this criterion. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is inside Bozeman city limits and is zoned low and moderate density residential (R- 1 and R-2). There is an associated zone map amendment to change the zoning to REMU and the subject property of this GPA to B-2M, see application 24196. These zoning districts are consistent 569 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 27 of 29 with the existing Urban Neighborhood future land use designation. If the Commission approves the GPA then the R-1 and R-2 zoning would not be. Adopted Growth Policy Designations: The following designations are applicable to this application. Existing designation: URBAN NEIGHBORHOOD. The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home- based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Proposed Designation: 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 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 570 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 28 of 29 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. Zoning Correlation with Land Use Categories 571 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 29 of 29 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to the owners of the subject property and all owners of property located within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice on site. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on June 15 and 22, 2024. The Planning Board public hearing is scheduled for Monday, July 15, 2024. The City Commission is scheduled and advertised to conduct a public hearing on the application on Tuesday, August 6, 2024. No written public comments have been received regarding this project at this time. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: SRX II, LLC, 1450 Twin Lakes Avenue, Bozeman MT 59718 Applicant: Providence Development, 1450 Twin Lakes Avenue, Bozeman MT 59718 Report By: Tom Rogers, AICP, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are available through the City’s website. 572 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Continue the South Range Crossing II (SRX II) Zone Map Amendment Application 24196 Requesting Amendment of the City Zoning Map to Change the Zoning on the Western Half of an Existing Site from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Northwest Corner Containing 9.26 Acres, and B-2M (Community Business District-Mixed) on the Southwest Corner Containing 9.12 Acres to the August 27, 2024 City Commission Hearing, Application 24196 to August 13, 2024 MEETING DATE:August 6, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: I move to continue application 24196 to the August 13, 2024 City Commission Hearing. 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:Prior to this application, the applicant submitted an application for the entire subject site named the South Range Crossing North Zone Map Amendment, application 23059, to rezone the eastern half of the property from R-1 and R-2 to REMU and the western half of the property from R-1 and R-2 to B-2M. At the February 6, 2024 City Commission hearing, the City Commission approved the request to rezone the eastern half of the subject site to REMU, but the City Commission was not in favor of rezoning the entire western half of the site to B-2M. At the hearing, the applicant withdrew the request to rezone the western half to B-2M with the intent of submitting a revised plan for the western half of the site under a new application. The application includes a proposal to rezone the western half of an existing site into two zone districts. The applicant is requesting to rezone the northwest corner from R-1 and R-2 to REMU containing 9.26 acres; and the southeast corner from R-1 and R-2 to B-2M containing 9.12 acres. 573 Accompanying this application is a Growth Policy Amendment (application 24195) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use for the southwest portion of the property to allow B-2M on the subject site. The Growth Policy Amendment must be approved prior to approval of the zone map amendment. Should the City Commission deny the growth policy amendment for application 24195, the proposal to rezone the 9.12 acres from R-1 and R-2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. The Community Development Board, acting in their capacity as the Zoning Commission, held a public hearing on July 15, 2024 and voted 5-0 to recommend approval of the requested REMU and B-2M zoning on the eastern half of the subject site to the City Commission. Overall the board members were in favor of the requested zone districts and felt the B-2M district would be beneficial to the area if the applicant decided to include commercial uses within this proposed district. Due to an agenda conflict, it is recommended to move the public hearing to another day. As the public hearing has been advertised it is preferred to continue to the date certain of Aug. 13th. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. As noted in the summary and analysis of zoning criterial for the requested B-2M zone district, accompanying this application is a Growth Policy Amendment (GPA) application, 24195. Zoning analysis for the requested B-2M zone district is based on approval of the GPA application 24195. ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this request to continue the Zone Map Amendment application. Report compiled on: July 30, 2024 574 ORDINANCE 2147 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING REGULATIONS FOR CAMPING ON CITY RIGHT OF WAY. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the residents of Bozeman; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to §7-14-4101, MCA, the City has the authority to prevent the encumbering of streets, sidewalks, alleys or public grounds with obstacles or materials; and WHEREAS, the United States Supreme Court has long recognized that a municipality has the right to regulate the use of city streets to assure the safety and convenience of the people in their use, and further, that governmental authorities have the duty and responsibility to keep their streets open and available for movement (Cox v. Louisiana, 379 U.S. 536 (1965)); and WHEREAS, in 2019, the United States Ninth Circuit Court of Appeals (Ninth Circuit) issued its decision in Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), holding in part that the Cruel and Unusual Punishments Clause of the Eighth Amendment “prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter;” and WHEREAS, in 2022, the Ninth Circuit issued its decision in Johnson v. City of Grants Pass, 50 F.4th 787 (9th Cir. 2022), holding local ordinances violated the Eighth Amendment to the extent the ordinances prohibited individuals from taking minimal measures to keep warm and dry while sleeping (including sleeping in vehicles); and DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 526575 WHEREAS, currently there are approximately 200 recreational vehicles, campers, vans and other vehicles on the public right-of-way throughout the city wherein people are residing or using the right-of-way for additional storage, and the Commission finds this Ordinance necessary to ensure the public rights-of-way intended for the purposes of travel for all residents are unencumbered, that street maintenance including snow removal can occur as needed, that solid waste or other waste does not accumulate impacting the health of residents or negatively impact stormwater systems, and to balance community interests and concerns; and WHEREAS it necessary for the health, safety, and welfare of all residents of the City and users of the public rights-of-way to align the municipal code with federal law and provide appropriate time, place and manner restrictions on the use of the public right-of-way for camping. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Bozeman Municipal Code is amended as follows to add a new Article to Chapter 34: Article 9. Camping on Public Right-of-Way. Sec. 34.09.010 Definitions. A. The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. “Camping” or “camp” means to pitch, erect, create, inhabit, use, or occupy camp facilities in, or otherwise inhabit, the public right-of-way. 2. “Camp facility” or “camp facilities” include but are not limited to tents, huts, temporary shelters, structures, vehicles as defined in 36.01.020, recreational vehicles with or without motive power designed for use as temporary living quarters or camping, motor homes, camping trailers, tent trailers, truck campers, camper vans, structures, or any other item used for the purpose of camping. 3. “A person experiencing homelessness” means a person that does not have the means to acquire their own shelter and who does not otherwise have access to shelter or transitional housing. 4. “Public right-of-way” means all real property (including property owned in fee or obtained through easement or dedication) administered by the city and which is used for transportation purposes, including streets, roads, bridges, alleys, sidewalks and boulevards, trails, paths, and other public ways. Sec. 34. 09.020 Camping on Public Right-of-Way is Prohibited. A. Camping on the public right-of-way within city limits is prohibited, except as provided in subsections B and C of this section. DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 527576 B. A city employee with authority to enforce this article must refer a person experiencing homelessness camping on the public right-of-way to an available shelter facility or other available temporary housing. A person experiencing homelessness may only camp on the public right-of-way when a shelter facility or other temporary housing is not available. C. If space in a shelter facility or other temporary housing is not available, a person camping on the public right-of-way must comply with the following: 1. Time: No camping may occur in the same location on the public right-of-way for more than 30 consecutive days. No camp facilities may be located or used for camping in the same location or on the same street on the public right-of- way for more than 30 consecutive days. After 30 consecutive days a camp facility must be moved to a different named street. a. A person experiencing homelessness may apply to the city manager for written permission to exceed the length of time restrictions described above. b. Factors the city manager may consider in granting permission include but are not limited to the location of the camp facilities, the person’s employment status, site conditions, and the person’s connections to social services and the community. 2. Place: Camping on the public right-of-way is prohibited, regardless of the availability of shelter space, in the following locations: a. Adjacent to or immediately across from any parcel or lot containing a residential dwelling including lots or parcels with multi-household dwellings; b. Within 100 feet of a public entrance of any commercial business or non- profit organization; c. Adjacent to or immediately across from the boundary of any public park; d. Adjacent to or immediately across from any parcel or lot containing any public or private school, including secondary, elementary, or preschool, or any lot or parcel containing a daycare; e. Any location in violation of any posted parking signs or painted curbs prohibiting parking or otherwise limiting the hours of parking; f. Within a bike lane, street median, sidewalk, or public pathway or trail. 3. Manner: a. All camp facilities and their immediate area must be maintained in a clean and orderly manner. A clean and orderly manner includes, but is not limited to, all waste, debris and trash must be in a container and personal items, when not actively being used, must be stored inside a camp facility. b. No waste, sewage, debris, trash, personal items, or additional vehicles or trailers may be discarded of or stored in the right of way. DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 528577 c. No fires are permitted within the public right-of-way. d. Generators must be stored and located on a paved surface. Fuel must be in containers designed for the fuel stored therein. e. Camping on the paved surface of any street in a tent, tarp, or in only sleeping bags, blankets, or other rudimentary forms of protection from the elements, is prohibited. f. No structures may be built or maintained on the public right-of-way pursuant to 34.02.050. Sec. 34.09.030 Violations; penalties A violation of 34.09.020 shall be a municipal infraction pursuant to Chapter 24, Article 2 of this Code subject to the following: A. Each violation of 34.09.020 shall be punishable by a civil penalty not to exceed twenty- five dollars. Each day a violation occurs constitutes a separate offense. B. In addition to the requirements of 24.02.030B, the city must prove by clear and convincing evidence that three warnings were given to the person prior to the issuance of the first municipal infraction under any subsection of Sec. 34. 09.020C. C. If unsanitary conditions exist, the city may abate or cause to be abated any waste, debris, trash, structure, tent, property, or item in the public right-of-way by conspicuously posting a 72-hour notice of abatement. After the 72-hour notice period, any property remaining will be considered abandoned and subject to disposal. No notice is required to abate a condition impeding traffic or when the condition poses an imminent risk to public health or safety. D. The city may remove or cause to be removed any camp facility in violation of 34.09.020.C.2 after posting a notice on or near the camp facility for at least 24 hours prior to removal. No notice is required if the camp facility is impeding traffic or poses an imminent risk to public health or safety. E. In the event a camp facility belonging to a person experiencing homelessness is towed or impounded by the city, no fees will be associated with the first or second towing or impoundment. In the event the city tows or causes to be towed a camp facility belonging to a person experiencing homelessness three (3) or more times due to violations of this article, costs of towing and impoundment may be assessed against the owner. F. This Article may be enforced by any city law enforcement officer, code enforcement officer, parking enforcement officer or other employee upon written designation by the city manager. Determinations regarding abatement or emergency removal without notice shall be made by the director of transportation and engineering or their designee. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 529578 the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. The provisions of Section 1 shall be codified as appropriate in Chapter 34 of the Bozeman Municipal Code. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 19th day of September, 2023. DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 530579 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 therefor held on the 24th day of October 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney ____________________________________ CYNTHIA L. ANDRUS DocuSign Envelope ID: C63BE65C-FC56-4CAD-87E7-44829851EBEF 531580 Certificate Of Completion Envelope Id: C63BE65CFC564CAD87E744829851EBEF Status: Completed Subject: Complete with DocuSign: Final_Ordinance_2147.pdf Source Envelope: Document Pages: 6 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Alex Newby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 2 anewby@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 10/26/2023 2:02:48 PM Holder: Alex Newby anewby@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City Manager Location: DocuSign Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 10/26/2023 2:13:18 PM Viewed: 10/26/2023 2:21:10 PM Signed: 10/26/2023 2:21:19 PM Electronic Record and Signature Disclosure: Accepted: 10/26/2023 2:21:10 PM ID: 18e302e7-c614-4bf1-82c3-cb407d802ec6 Cynthia Andrus candrus@bozeman.net MAYOR Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 63.76.69.42 Sent: 10/26/2023 2:21:20 PM Viewed: 10/26/2023 3:20:12 PM Signed: 10/26/2023 3:20:35 PM Electronic Record and Signature Disclosure: Accepted: 8/24/2022 8:25:30 PM ID: 798e3b08-f9de-4a01-893c-7fbae9705c49 Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 10/26/2023 3:20:37 PM Viewed: 10/26/2023 3:57:40 PM Signed: 10/26/2023 3:57:48 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:22:44 PM ID: b1bb90fd-5db8-4a5f-9451-9536f39ef003 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp 532581 Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kira Peters kpeters@BOZEMAN.NET Security Level: Email, Account Authentication (None) Sent: 10/26/2023 3:57:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/26/2023 2:13:18 PM Certified Delivered Security Checked 10/26/2023 3:57:40 PM Signing Complete Security Checked 10/26/2023 3:57:48 PM Completed Security Checked 10/26/2023 3:57:50 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 533582 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City Manager (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/22/2022 3:30:54 PM Parties agreed to: Greg Sullivan, Cynthia Andrus, Mike Maas 534583 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City Manager: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: mmaas@bozeman.net To advise City Manager of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at mmaas@bozeman.net and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City Manager To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to mmaas@bozeman.net and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City Manager To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: 535584 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to mmaas@bozeman.net and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City Manager as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City Manager during the course of your relationship with City Manager. 536585 GUARANTEED MAXIMUM PRICE AMENDMENT (GMP) NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Article 4 of the Professional Services Agreement between Owner and Construction Manager this amendment dated the 6th day of February 2024, between City of Bozeman (“Owner”) and Jackson Contractor Group, Inc. (“Contractor”) for the Bozeman Swim Center Renovation, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN SWIM CENTER RENOVATION The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Base Bid General Conditions $657,822.00 Phase 1 Phase 1 Permit 1 Construction Services $32,075.24 Phase 1 Permit 2 Wood, Metals, Misc. $194,172.40 Exterior Art Grid $15,456.28 Roofing $519,808.11 EIFS Demo, New Siding, and Insulation $567,583.13 Paint $16,928.00 Tile $2,500.00 Drywall $11,279.50 Signage $4,955.30 Plumbing $13,600.00 Mechanical $5,980.00 Electrical $17,085.00 Exterior Improvements $22,969.00 Phase 2 Demolition and Misc. $5,842.00 Masonry $34,178.00 Replace all Ceiling Tiles with new standard tiles $306,239.00 Resurface Pool + Tile Lanes $867,833.41 Replace Gutter coping with Federal Stone Slot Drain Incl. in Above New Ladders and Lane Anchors Incl. in Above Patch tile, oxidize substrate, support existing decks $38,432.00 DocuSign Envelope ID: C7012845-9758-4A60-BDDD-652EC009AD80 216586 Locker Room Tile $137,332.00 Drywall & Metal Framing $9,328.00 Specialties $4,029.00 Procure Mechanical Equipment $445,000.00 Locker Room Plumbing $33,700.00 Remove and Replace Natatorium HVAC, Replace MAU, Exhaust Fans, PTAC, TAB $264,000.00 Locker Room Ceiling Heaters, T-Stats, Exhausting $6,785.00 Replace all Lighting Fixtures and Controls + HVAC Electrical $159,687.00 Exterior Siding @ East Elevation $106,342.00 Patch CMU + Paint $19,250.00 Locker Room Doors & Frames $6,726.00 Doors at front desk to Natatorium $15,049.00 Allowances 10% Ceiling Grid Repair $6,800.00 Additional Tile Removal for waterproofing connection $15,000.00 Mechanical Equipment Fencing $10,000.00 Repairs of Pool Inlets $1,500.00 Structural Repair at Pool (60 LF) $26,500.00 Downspout removal and replacement $5,000.00 Boiler, Pump, and Expansion Tank $90,000.00 Bath Accessories $1,000.00 Plumbing Investigation and Slab Cutting $7,500.00 Subtotal $4,705,266.37 Fees/Contingency Construction Contingency 5% $164,355.00 Permit Fees 1% construction $47,055.20 Bond 1% $45,294.27 Insurance 1% $49,168.27 GRT 1% $54,708.21 Contractors Fee 8% $404,928.48 Total: $5,470,775.80 TOTAL GUARANTEED MAXIMUM PRICE $5,470,775.80 CONTRACT TIME The date of Substantial Completion for the Work outlined above is: 10/24/2024 DocuSign Envelope ID: C7012845-9758-4A60-BDDD-652EC009AD80 217587 OWNER: CONTRACTOR: City of Bozeman Jackson Contractor Group, Inc. 121 N. Rouse Ave. 146 Laura Louise Ln. Bozeman, MT 59715 Bozeman, MT 59718 By:__________________________ By: __________________________ Jeff Mihelich, City Manager Mike Chase, Senior Project Manager DocuSign Envelope ID: C7012845-9758-4A60-BDDD-652EC009AD80 XXXXXXXXXXXXXXXXXXXXXXX Chuck Winn, Acting City Manager 218588 DocuSign, Inc. 221 Main Street, Suite 1550 San Francisco, CA 94105 Offer Valid Through: Jul 31, 2024 Prepared By: Farah Khurshid Quote Number: Q-01574983 ORDER FORM Address Information Bill To: Ship To: City of Bozeman City of Bozeman PO Box 1230, Bozeman, MT, 59771 United States PO Box 1230, Bozeman, MT, 59771 United States Billing Contact Name: Shipping Contact Name: Mike Maas Mike Maas Billing Email Address: mmaas@bozeman.net Shipping Email Address: mmaas@bozeman.net Billing Phone: 406-582-2321 Shipping Phone: 406-582-2321 Order Details Order Start Date: Aug 1, 2024 Payment Method: Check Order End Date: Jun 30, 2025 Payment Terms: Net 30 Billing Frequency: Annual Currency: USD Products Product Name Subscription No. Start Date End Date Quantity Net Price eSignature Enterprise Pro Edition - Envelope Subs. SUB-2623590-1 Aug 1, 2024 Jun 30, 2025 5,000 $29,370.00 Enterprise Premier Support - eSign SUB-2623590-1 Aug 1, 2024 Jun 30, 2025 1 $6,461.40 Grand Total: $35,831.40 Product Details eSignature Envelope Allowance: 5,000 Overage/Usage Fees eSignature Enterprise Pro Edition - Envelope Subs. (Per Transaction): $8.80 Docusign Envelope ID: 6EEB4B25-2E8D-43FA-973E-B4BEB16EF480 129589 Page 2 of 3 Order Special Terms Upon renewal, Customer agrees that the Term will be a standard 12, 24, or 36 months. Terms & Conditions This Order Form is governed by the terms Master Services Agreement available online at: https://www.docusign.com/legal/terms-and-conditions/msa/pub-sec and the applicable Service Schedule(s) and Attachments for the DocuSign Services described herein available online at https://www.docusign.com/legal/terms-and-conditions/msa-service-schedules. Billing Information Prices shown above do not include any state and local taxes that may apply. Any such taxes are the responsibility of the Customer and will appear on the final Invoice. Is the contracting entity exempt from sales tax? Please select Yes or No: \tax1\ If yes, please send the required tax exemption documents immediately to taxexempt@docusign.com. Invoices for this order will be emailed automatically from invoicing@erp.docusign.com. Please make sure this email is on an approved setting or safe senders list so notifications do not go to a junk folder or caught in a spam filter. Purchase Order Information Is a Purchase Order (“PO”) required for the purchase or payment of the products on this Order Form? Please select: \poryes1\Yes \porno1\No By marking “No”, Customer agrees to process payment for any invoices issued pursuant to this Order Form without a PO Number. If yes, please complete the following information, and attach your PO (if available), and the invoice will be issued referencing such PO Number: Docusign Envelope ID: 6EEB4B25-2E8D-43FA-973E-B4BEB16EF480 Yes X 130590 Page 3 of 3 PO Number: \po1\ Please attach PO Attachment here: \poatt1\ If “Yes” is marked, but a PO Number is not provided or a PO document is not attached, then Customer agrees to provide the PO information or PO document to DocuSign at its earliest convenience by sending to POSubmission@docusign.com referencing this Quote Number, but agrees to still process payment per the agreed upon terms. If Customer has attached a PO (or other document) to this Order Form, Customer acknowledges and agrees that any additional or conflicting terms appearing in such PO (or any other document) are invalid. By signing this Agreement, I certify that I am authorized to sign on behalf of the Customer and agree to the Terms and Conditions of this Order Form and any documents incorporated herein. Customer DocuSign, Inc. Signature: \si1\ Signature: \si3\ Name: \na1\ Name: \na3\ Job Title: \ti1\ Job Title: \ti3\ Date: \ds1\ Date: \ds3\ \ \in2\ Docusign Envelope ID: 6EEB4B25-2E8D-43FA-973E-B4BEB16EF480 Chuck Winn July 22, 2024 City Manager Frank Parish July 22, 2024 Manager, Revenue Operations 131591 Certificate Of Completion Envelope Id: 6EEB4B252E8D43FA973EB4BEB16EF480 Status: Completed Subject: [DocuSign] Request for eSignatures:City of Bozeman - Renewal fcorgid: 00D300000000bS4EAI Source Envelope: Document Pages: 3 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 1 Farah Khurshid AutoNav: Disabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 221 Main Street Suite 1000 San Francisco, CA 94105 farah.khurshid@docusign.com IP Address: 13.110.78.8 Record Tracking Status: Original 7/17/2024 10:06:42 AM Holder: Farah Khurshid farah.khurshid@docusign.com Location: DocuSign Signer Events Signature Timestamp Chuck Winn cwinn@bozeman.net City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 7/18/2024 2:27:19 PM Viewed: 7/20/2024 7:35:43 PM Signed: 7/22/2024 8:29:39 AM Electronic Record and Signature Disclosure: Accepted: 7/20/2024 7:35:43 PM ID: 10444615-3030-4485-90df-d9773f77e886 Carolyn DAndrea Carolyn.DAndrea@docusign.com Contract Specialist DocuSign, Inc. Signing Group: AOR Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 12.202.171.35 Sent: 7/22/2024 8:29:41 AM Viewed: 7/22/2024 9:13:31 AM Signed: 7/22/2024 9:14:20 AM Electronic Record and Signature Disclosure: Accepted: 7/2/2024 11:41:33 AM ID: a7ccc0c0-f22b-4373-a150-56e9713f4302 Frank Parish Frank.Parish@docusign.com Manager, Revenue Operations DocuSign, Inc. Signing Group: AOA Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 73.231.113.151 Sent: 7/22/2024 9:14:22 AM Viewed: 7/22/2024 9:15:51 AM Signed: 7/22/2024 9:16:20 AM Electronic Record and Signature Disclosure: Accepted: 11/28/2023 4:19:14 PM ID: 1d73ffb2-56aa-4bbb-983c-8935e9ed9bc3 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp 132592 Certified Delivery Events Status Timestamp Mike Mass MMaas@bozeman.net Security Level: Email, Account Authentication (None)Using IP Address: 69.145.83.100 Sent: 7/17/2024 10:08:25 AM Viewed: 7/18/2024 2:27:18 PM Electronic Record and Signature Disclosure: Accepted: 7/18/2024 2:27:18 PM ID: 07c1ad2e-9e1e-4b33-a049-52d65a31da03 Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/17/2024 10:08:25 AM Certified Delivered Security Checked 7/22/2024 9:15:51 AM Signing Complete Security Checked 7/22/2024 9:16:20 AM Completed Security Checked 7/22/2024 9:16:20 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 133593 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DocuSign, Inc. (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 10/17/2018 1:49:32 PM Parties agreed to: Chuck Winn, Carolyn DAndrea, Frank Parish, Mike Mass 134594 How to contact DocuSign, Inc.: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by paper mail, please send correspondence to: DocuSign, Inc. 221 Main St., Suite 1000 San Francisco, CA 94105 To advise DocuSign, Inc. of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at and in the body of such request you must state: your previous e-mail address, your new e-mail address. Please reach out to the sender of the envelope if you want to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from DocuSign, Inc. To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. Please reach out to the sender of the envelope if you want to request paper copies. To withdraw your consent with DocuSign, Inc. To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. Please reach out to the sender of the envelope if you want to withdraw your consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. 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Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify DocuSign, Inc. as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by DocuSign, Inc. during the course of my relationship with you. 136596