Due to Public Health Concerns and Government Directives, the City Council Meeting Will Be Conducted Remotely Through the Online/Phone Conferencing Platform Zoom

CITY OF HAMILTON CITY COUNCIL MEETING February 16, 2021 7:00 PM

Due to public health concerns and government directives, the City Council meeting will be conducted remotely through the online/phone conferencing platform Zoom. Any member of the public who wishes to observe or participate is able to attend and make comments on the Internet or by phone. Detailed instructions on joining and participating in this and future City Council meetings via Zoom is available on the City of Hamilton's website www.cityofhamilton.net.

1. To join the meeting on the Internet, copy and paste the following link in your web browser https://zoom.us/j/94578964217 and follow the on-screen prompts.

2. To join the meeting via phone, dial any one of the phone numbers listed below and enter the meeting ID 945 7896 4217.

Call-in #'s:

(346) 248 7799 (253) 215 8782 (669) 900 6833 (301) 715 8592 (312) 626 6799 (929) 205 6099

Agendas and related documents are available on the City’s website http://www.cityofhamilton.net/agendas_and_minutes/council/agenda_minutes_2021.html. Documents related to the public hearing are also available at www.hamiltonspeaks.net.

Public comment may be submitted prior to the meeting via email to [email protected] or mailed/delivered to City Hall, Attn: City Clerk, 223 S. 2nd St, Hamilton. Comments for the public hearing may also be submitted at www.hamiltonspeaks.net.

MEETING AGENDA

1. MEETING CALLED TO ORDER

2. ROLL CALL OF THE COUNCIL

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

5. CONSENT AGENDA (The Consent Agenda is where routine items are approved as a group without Council discussion. If any Council member would like a separate vote or discussion on any Consent Agenda item, the item will be removed from the Consent Agenda and be placed as the first item of New Business.)

a. Claims to be paid on February 17, 2021 b. Payroll Reconciliation for January 2021

6. COMMENTS FROM THE PUBLIC – NON-AGENDA ITEMS

7. PUBLIC PRESENTATIONS

8. CITY REPORTS  Mayor’s Report  Department Reports

9. COMMITTEE REPORTS

10. BOARD AND COMMISSION REPORTS

City Council Agenda 2021.0216 Page 1 of 2

11. CORRESPONDENCE

12. UNFINISHED BUSINESS

13. NEW BUSINESS

a. Public Hearing for the purpose of taking public comment regarding the following proposed amendments to the Hamilton Municipal Code.

• Amend Title 17 (Zoning) of the Hamilton Municipal Code to permit and provide standards for short-term rentals in the City of Hamilton.

• Amend Title 17 (Zoning) of the Hamilton Municipal Code to change residential development standards to allow for more in-fill housing in the City of Hamilton. The proposed amendments apply to the Single-Family Residential District, Residential Multiple Family District, Residential High-Density District, Transitional Neighborhood Business District, and Local Business District. The proposed amendments include reductions to minimum lot sizes and frontages, increases to allowed dwellings per lot, reductions to setbacks, and increases to maximum height requirements. ` • Amend Title 17 (Zoning) of the Hamilton Municipal Code to change membership requirements for the City of Hamilton Zoning Commission. The proposed amendments would reduce the number of Planning Board and Zoning Board of Adjustment members required to be on the Zoning Commission from two to one from each board.

2nd Reading Ordinance #417 – An Ordinance of the Hamilton City Council multiple sections of Title 17 of the Hamilton Municipal Code. More specifically adding Section 17.16.070 pertaining to standards for short-term rentals and revising the following sections to clarify and allow for short-term rentals – 17.04.040, 17.24.020, 17.30.020, 17.32.020, 17.64.020, 17.68.020, and 17.76.020.

2nd Reading Ordinance #418 – An Ordinance of the Hamilton City Council amending multiple sections of Title 17 of the Hamilton Municipal Code pertaining to residential development standards. More specifically revising sections 17.24.040, 17.24.050, 17.24.060, 17.30.010, 17.30.020, 17.30.040, 17.30.050, 17.30.060, 17.32.010, 17.32.020, 17.32.050, 17.32.060, 17.64.050, 17.64.060, 17.68.020, 17.68.030, AND 17.74.020.

2nd Reading Ordinance #419 – An Ordinance of the Hamilton City Council amending Section 17.08.040 of Title 17 of the Hamilton Municipal Code pertaining to membership requirements for the City of Hamilton Zoning Commission.

b. Approval of Development Review Services Contract with Land Solutions, LLC not to exceed $15,000

c. Approval of contract with Nash Electric for an amount not to exceed $43,731.50 for the installation of SCADA Improvements at the City of Hamilton Water and Wastewater System Remote Sites

d. Approval of contract with HDR Engineering for an amount not to exceed $72,046 for Design, DEQ Approval and Bidding of Wastewater Treatment Plant Pumping Improvements

e. Approval of North Hamilton Urban Renewal District Advisory Board 2021-22 Work Plan

f. Approval of $25,000 in North Hamilton Urban Renewal District funding for match of a Big Sky Economic Development Trust Fund Program Planning Grant

14. NON-AGENDA ITEMS: TOPICS FOR CONSIDERATION

15. SCHEDULE MEETINGS

16. COMMENTS FROM COUNCIL, MAYOR AND STAFF

17. ADJOURN

City Council Agenda 2021.0216 Page 2 of 2

02/12/21 CITY OF HAMILTON Page: 1 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

———————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————— Claim/ Check Vendor #/Name/ Document $/ Disc $ Cash Invoice #/Inv Date/Description Line $ PO # Fund Org Acct Object Proj Account ————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————

90945 6728 360 OFFICE SOLUTIONS 157.98 IN169484 01/29/21 Copier 1/15-7/14 157.98 1000 420100 350 101000 Total for Vendor: 157.98

90946 6573 AVAYA FINANCIAL SERVICES/CIT 301.66 370696951 01/24/21 Phone System Lease/Mtce 301.66 1000 510300 360 101000 Total for Vendor: 301.66

90947 6811 BACKDRAFT OPCO, LLC 166.41 INV2100600 02/01/21 Monthly Fire Pkg 166.41 1000 420440 213 101000 Total for Vendor: 166.41

90948 6232 BDS 138.65 63548 02/08/21 Jan Maintenance/Transfer Fees 69.32 5210 430500 365 101000 63548 02/08/21 Jan Maintenance/Transfer Fees 69.33 5310 430600 365 101000 Total for Vendor: 138.65

90949 6378 BITTERROOT CULTURAL HERITAGE 402.21 01192021 01/19/21 Sign for Parks 402.21 1000 460430 212 101000 Total for Vendor: 402.21

90950 5928 BITTERROOT DISPOSAL 101.45 3625729 02/01/21 WWTP Trash Svc 101.45 5310 430600 343 101000

90951 5928 BITTERROOT DISPOSAL 70.30 3626136 02/01/21 PW Trash Svc 70.30 5210 430500 343 101000

90952 5928 BITTERROOT DISPOSAL 29.20 3626345 02/01/21 DHBID Trash Svc 29.20 2700 411850 343 101000

90953 5928 BITTERROOT DISPOSAL 101.45 3626575 02/01/21 Justice Ctr Trash Svc 101.45 1000 411230 343 101000 02/12/21 CITY OF HAMILTON Page: 2 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

90954 5928 BITTERROOT DISPOSAL 101.45 3625574 02/01/21 City Hall Trash Svc 101.45 1000 411230 343 101000 Total for Vendor: 403.85

90955 279 BITTERROOT LAUNDRY & CLEANERS 26.50 0089110 01/27/21 Rugs 26.50 5310 430600 360 101000

90956 279 BITTERROOT LAUNDRY & CLEANERS 36.65 0089109 01/27/21 Rugs, Rags 18.33 1000 430200 360 101000 0089109 01/27/21 Rugs, Rags 18.32 5210 430500 360 101000

90957 279 BITTERROOT LAUNDRY & CLEANERS 39.21 0089111 01/27/21 Rugs, Rags 19.61 1000 430900 360 101000 0089111 01/27/21 Rugs, Rags 19.60 1000 460430 360 101000

90958 279 BITTERROOT LAUNDRY & CLEANERS 48.19 0089703 02/10/21 Rugs 48.19 1000 411230 360 101000 Total for Vendor: 150.55

90959 6872 BLACKFOOT 547.36 180509-Feb 02/01/21 Justice Ctr Phone Svc 547.36 1000 510300 345 101000 Total for Vendor: 547.36

90960 4232 BUILDING CODES BUREAU/BOILER 35.00 LPB002040 04/01/21 Ken's Boiler Operator Licen 35.00 1000 411230 330 101000 Total for Vendor: 35.00

90961 187 CARQUEST AUTO PARTS STORES 19.42 1545460651 02/08/21 Wiper Blades 19.42 1000 420100 360 101000

90962 187 CARQUEST AUTO PARTS STORES 11.87 1545459357 01/28/21 Spark Plugs & Degreaser 11.87 1000 460430 220 101000 02/12/21 CITY OF HAMILTON Page: 3 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

90963 187 CARQUEST AUTO PARTS STORES 38.52 1545458978 01/25/21 Starter Fluid 38.52 5210 430500 220 101000

90964 187 CARQUEST AUTO PARTS STORES 11.89 1545460588 02/07/21 Headlight 11.89 5210 430500 220 101000

90965 187 CARQUEST AUTO PARTS STORES 5.02 1545458984 01/25/21 Spark Plug 5.02 5310 430600 220 101000

90966 187 CARQUEST AUTO PARTS STORES 211.59 1545459131 01/26/21 Jack 211.59 5310 430600 220 101000

90967 187 CARQUEST AUTO PARTS STORES 42.07 1545459444 01/28/21 Power Steering Fluid, anti 42.07 5310 430600 220 101000

90968 187 CARQUEST AUTO PARTS STORES 67.14 1545458464 01/20/21 Magnetic Heater 67.14 5310 430600 220 101000 Total for Vendor: 407.52

90969 4482 CHEMICAL MONTANA COMPANY 3,917.00 26649 01/21/21 Chlorine/Ortho 3,917.00 5210 430500 220 101000 Total for Vendor: 3,917.00

90970 5704 CITY OF MISSOULA 35.00 39487 02/01/21 Compost Tipping Fees 35.00 1000 430200 343 101000 Total for Vendor: 35.00

90971 6966 CONSTRUCT MONTANA, LLC 6,759.63 02032021 02/03/21 Jan 21 permits/plan reviews 6,759.63 2394 411060 357 101000 Total for Vendor: 6,759.63

90972 689 ENERGY LABORATORIES, INC 97.00 372929 02/01/21 4th Wk Effluent Nutrients 97.00 5310 430600 357 101000 02/12/21 CITY OF HAMILTON Page: 4 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

90973 689 ENERGY LABORATORIES, INC 97.00 371681 01/26/21 3rd Wk Effluent Nutrients 97.00 5310 430600 357 101000

90974 689 ENERGY LABORATORIES, INC 88.00 373423 02/03/21 Bacti Test 88.00 5210 430500 357 101000

90975 689 ENERGY LABORATORIES, INC 795.00 372632 01/29/21 Water Test 795.00 5210 430500 357 101000 Total for Vendor: 1,077.00

90976 2482 EVANS' ACE HARDWARE 4.99 2292746 02/02/21 Glue 4.99 1000 411230 220 101000

90977 2482 EVANS' ACE HARDWARE 36.98 22797481 02/10/21 Ice Melt 36.98 1000 420440 220 101000

90978 2482 EVANS' ACE HARDWARE 29.99 2295680 02/06/21 Thermostat 29.99 5210 430500 220 101000

90979 2482 EVANS' ACE HARDWARE 9.99 2295060 02/05/21 Locate Paint 9.99 5210 430500 220 101000

90980 2482 EVANS' ACE HARDWARE 3.79 2288451 01/26/21 Batteries 3.79 1000 430200 220 101000 Total for Vendor: 85.74

90981 6986 FLYING HORSE COMMUNICATION, INC. 75.00 3555 01/29/21 Message Development January 75.00 1000 411030 350 101000

90982 6986 FLYING HORSE COMMUNICATION, INC. 4,725.00 3556 01/29/21 Communication Strategy Dev Jan 4,725.00 1000 411030 350 101000

90983 6986 FLYING HORSE COMMUNICATION, INC. 450.00 3557 01/29/21 January Market Research 450.00 1000 411030 350 101000 Total for Vendor: 5,250.00 02/12/21 CITY OF HAMILTON Page: 5 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

90984 6998 GIACOMINO, MELODEE 25.56 01282021 01/28/21 Jury Fees 25.56 1000 410360 391 101000 Total for Vendor: 25.56

90985 6999 GIDEON, STEVE 25.56 01282021 01/28/21 Jury Fees 25.56 1000 410360 391 101000 Total for Vendor: 25.56

90986 5324 GOCHENOUER, RICK 67.47 01292021 01/29/21 CDL License 67.47 5210 430500 330 101000 Total for Vendor: 67.47

90987 5738 HAMILTON NAPA AUTO PARTS 38.31 765301 01/29/21 Wiper Blades 38.31 1000 420100 360 101000 Total for Vendor: 38.31

90988 6644 HAYWARD, JESSICA 111.00 01292021 01/29/21 Gym Membership Reimbursement 111.00 1000 420100 390 101000 Total for Vendor: 111.00

90989 6465 HENKE 893.00 7385055 01/29/21 Plow Parts 893.00 1000 430200 212 101000 Total for Vendor: 893.00

90990 7000 HERSCHEDE, VALERIE J 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

90991 6191 JOHN DEERE FINANCIAL 33.47 E71231/7 01/31/21 Gloves 33.47 5210 430500 220 101000

90992 6191 JOHN DEERE FINANCIAL 9.99 E72054/7 02/02/21 Pen Light 9.99 5210 430500 220 101000 02/12/21 CITY OF HAMILTON Page: 6 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

90993 6191 JOHN DEERE FINANCIAL 26.98 E72254/7 02/02/21 Gloves 26.98 1000 430200 220 101000 Total for Vendor: 70.44

90994 1548 L N CURTIS & SONS 328.60 INV459375 01/27/21 Helmet 328.60 1000 420440 225 101000

90995 1548 L N CURTIS & SONS 5,419.72 INV457974 01/25/21 Uniform 5,419.72 1000 420440 225 101000 Total for Vendor: 5,748.32

90996 7001 MACKEY, SUSAN L 25.56 01282021 01/28/21 Jury Fees 25.56 1000 410360 391 101000 Total for Vendor: 25.56

90997 320 MARCUS DALY HOSPITAL 113.30 6853440 01/29/21 PD2101-0239 113.30 1000 420100 350 101000 Total for Vendor: 113.30

90998 7002 MARQUIS, DEBRA LYNN 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

90999 4584 MASTERCARD 257.49 01312021 01/31/21 Envelopes 102.99 1000 410400 210 101000 01312021 01/31/21 Notary Class 30.00 1000 410400 380 101000 01312021 01/31/21 GoToMyPC 124.50 1000 510300 345 101000

91000 4584 MASTERCARD 219.13 01312021 01/31/21 Pens, folders, folders 130.13 1000 411100 210 101000 01312021 01/31/21 GoToMyPC 44.00 1000 411100 330 101000 01312021 01/31/21 Attorney Burnout CLE 45.00 1000 411100 380 101000 02/12/21 CITY OF HAMILTON Page: 7 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

91001 4584 MASTERCARD 442.41 01312021 01/31/21 Batteries, Thumb Drive, Cale 54.47 1000 420100 210 101000 01312021 01/31/21 Drug tests, Lettering 65.50 1000 420100 220 101000 01312021 01/31/21 FBI dues 220.00 1000 420100 330 101000 01312021 01/31/21 Uniform CEO 102.44 1000 420100 395 101000

91002 4584 MASTERCARD 119.99 01312021 01/31/21 Claim Envelopes 119.99 1000 410500 210 101000

91053 4584 MASTERCARD 3,524.31 01312021 01/31/21 Computers 1,344.66 5210 430500 213 101000 01312021 01/31/21 Computers 1,344.67 5310 430600 213 101000 01312021 01/31/21 ATA Training 450.00 5310 430600 380 101000 01312021 01/31/21 Media Converters 219.98 5310 430600 930 101000 01312021 01/31/21 ASFPM Membership 165.00 1000 510300 330 101000

91054 4584 MASTERCARD 299.19 01312021 01/31/21 MT Assoc Planners Membership 65.00 1000 411030 330 101000 01312021 01/31/21 C-19 Zoom 160.80 1000 510300 350 101000 01312021 01/31/21 Recording Docs 73.39 1000 410400 393 101000 Total for Vendor: 4,862.52

91003 4170 MCGOWAN WATER 13.75 944352 01/24/21 Water 13.75 1000 430900 220 101000 Total for Vendor: 13.75

91004 7003 MCKEE, MICHAEL 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

91005 5520 MILLER LAW, PLLC 17,501.20 1156 02/02/21 Water Rights 17,501.20 5210 430500 350 101000 Total for Vendor: 17,501.20 02/12/21 CITY OF HAMILTON Page: 8 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

91006 4596 MISSOULIAN/RAVALLI REPUBLIC 57.60 20615789 01/24/21 Legal Ad PH HMC Amend 17 57.60 1000 410400 330 101000

91007 4596 MISSOULIAN/RAVALLI REPUBLIC 52.40 20615563 01/15/21 Legal Ad PH HMC 8-9-12 52.40 1000 410400 330 101000 Total for Vendor: 110.00

91008 397 MONTANA RURAL WATER SYSTEMS 350.00 901 02/01/21 500+ Service Connections Water 350.00 5210 430500 330 101000 Total for Vendor: 350.00

91009 7004 NESBIHAL, MICHAEL D. 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

91010 7005 NEUFELD, SHERRY G 25.56 01282021 01/28/21 Jury Fees 25.56 1000 410360 391 101000 Total for Vendor: 25.56

91011 6239 NIEMEIR, DON 108.00 02022021 02/02/21 Gym Membership Reimb 108.00 1000 420100 390 101000 Total for Vendor: 108.00

91012 296 NORCO, INC. 458.98 31132742 01/14/21 Oxygen Sensor 458.98 1000 420440 220 101000

91013 296 NORCO, INC. 54.25 31263853 01/31/21 Cylinder Rental January 2021 27.13 1000 430200 220 101000 31263853 01/31/21 Cylinder Rental January 2021 27.12 5310 430600 220 101000

91014 296 NORCO, INC. 296.89 31276414 02/01/21 Gloves 211.27 5310 430600 220 101000 31276414 02/01/21 Gloves 85.62 5210 430500 220 101000 Total for Vendor: 810.12 02/12/21 CITY OF HAMILTON Page: 9 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

91015 6997 NORTHWEST PARTS & EQUIPMENT 345.24 M155372 01/08/21 New straps for lowering devic 345.24 1000 430900 220 101000 Total for Vendor: 345.24

91052 162 NORTHWESTERN ENERGY 26,724.54 02012021 02/01/21 Jan Gas & Electric 3,610.92 1000 411230 340 101000 02012021 02/01/21 Jan Gas & Electric 777.75 1000 420440 340 101000 02012021 02/01/21 Jan Gas & Electric 971.40 1000 430200 340 101000 02012021 02/01/21 Jan Gas & Electric 136.25 1000 430900 340 101000 02012021 02/01/21 Jan Gas & Electric 150.35 1000 460430 340 101000 02012021 02/01/21 Jan Gas & Electric 119.75 2410 430263 340 101000 02012021 02/01/21 Jan Gas & Electric 921.95 2412 430263 340 101000 02012021 02/01/21 Jan Gas & Electric 562.61 2413 430263 340 101000 02012021 02/01/21 Jan Gas & Electric 1,609.42 2414 430263 340 101000 02012021 02/01/21 Jan Gas & Electric 198.79 2415 430263 340 101000 02012021 02/01/21 Jan Gas & Electric 1,365.42 2416 430263 340 101000 02012021 02/01/21 Jan Gas & Electric 7,358.44 5210 430500 340 101000 02012021 02/01/21 Jan Gas & Electric 8,590.24 5310 430600 340 101000 02012021 02/01/21 Jan Gas & Electric 351.25 1000 430263 340 101000 Total for Vendor: 26,724.54

91016 7006 ODONNELL, KYLE L 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

91018 6860 PACIFIC SOURCE ADMINISTRATORS 50.00 INV0020343 02/01/21 Cobra Admin Feb 2021 50.00 1000 410400 350 101000 Total for Vendor: 50.00

91017 6539 PacificSource 150.00 P01324 02/10/21 Premium Plan for Flex 150.00 1000 410400 350 101000 Total for Vendor: 150.00 02/12/21 CITY OF HAMILTON Page: 10 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

91019 7007 PAUL, JENNIFER BROOKE 25.56 01282021 01/28/21 Jury Fees 25.56 1000 410360 391 101000 Total for Vendor: 25.56

91020 7008 PETERSEN, STEVEN L 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

91021 6484 PHILLIPS 66 COMMERCIAL 161.39 02102021 02/10/21 HVFD Fuel Chgs 161.39 1000 420440 230 101000 Total for Vendor: 161.39

91022 3233 PROFESSIONAL DEVELOPMENT CENTER 144.00 23053 02/01/21 Working through Conflict -Dana 144.00 5310 430600 380 101000

91023 3233 PROFESSIONAL DEVELOPMENT CENTER 95.00 23056 02/01/21 Planning & Organizing - Dana 95.00 5310 430600 380 101000 Total for Vendor: 239.00

91024 6943 PSYFIN SERVICES INC 609.28 10 02/08/21 DHBID Trash Svc 609.28 2700 411850 343 101000 Total for Vendor: 609.28

91025 6640 RACKSPACE 455.85 B151008486 02/01/21 Email hosting/Archiving 455.85 1000 510300 345 101000 Total for Vendor: 455.85

91026 1015 RAVALLI COUNTY TREASURER 616.50 01312021 01/31/21 Criminal Conviction Surcharg 322.50 7453 212100 101000 01312021 01/31/21 Technology Surcharge 274.00 7453 212100 101000 01312021 01/31/21 Public Defender Fee 20.00 7453 212100 101000 Total for Vendor: 616.50 02/12/21 CITY OF HAMILTON Page: 11 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

91027 6733 RELX Inc (LexisNexis) 147.00 3093096361 01/31/21 Lexis Nexis Jan 2021 147.00 1000 411100 333 101000 Total for Vendor: 147.00

91028 6266 RICOH USA, INC 29.22 5061393376 02/08/21 Monthly Usage 29.22 1000 410360 360 101000 Total for Vendor: 29.22

91029 4378 ROCKY MOUNTAIN DOORS 386.00 5210076 01/27/21 Door Service Call Street Shop 386.00 1000 430200 360 101000 Total for Vendor: 386.00

91030 6216 SAFEGUARD QBS 216.04 034396846 01/21/21 Payroll Checks 216.04 1000 410500 320 101000 Total for Vendor: 216.04

91031 7009 SAIN, JR., RICHARD 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

91032 7013 SCHULTZ, FRANK 242.16 3319720-00 02/09/21 Refund Credit 242.16 5210 343029 101000 Total for Vendor: 242.16

91033 7010 SHIGLEY, ARTHUR P 25.56 01282021 01/28/21 Jury Fees 25.56 1000 410360 391 101000 Total for Vendor: 25.56

91034 7011 SILVAS, KEITH AARON 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

91035 6402 SPECTRUM 79.99 0145056012 01/28/21 HVFD Internet 79.99 1000 420440 345 101000 Total for Vendor: 79.99 02/12/21 CITY OF HAMILTON Page: 12 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

91036 676 STATE BAR OF MONTANA 495.00 103070 01/01/21 Membership Dues-Archibald 495.00 1000 410360 330 101000 Total for Vendor: 495.00

91037 166 THE PAPER CLIP 7.95 08869 02/04/21 Small Notebook - VA 7.95 1000 411100 210 101000

91038 166 THE PAPER CLIP 10.65 08854 02/02/21 Pencils, Erasers 10.65 1000 411100 210 101000

91047 166 THE PAPER CLIP 115.52 08870 02/04/21 Binders, Paper 115.52 1000 410360 210 101000 Total for Vendor: 134.12

91039 5581 THE UPS STORE #2838 12.12 6191 02/01/21 Bacti Shipping 12.12 5210 430500 311 101000 Total for Vendor: 12.12

91041 775 TOP DOWN COMPUTERS 2,000.00 36079 02/03/21 Computer Consultant 2,000.00 1000 510300 358 101000 Total for Vendor: 2,000.00

91040 7012 TORRES, WILLIAM 12.56 01282021 01/28/21 Jury Fees 12.56 1000 410360 391 101000 Total for Vendor: 12.56

91042 5136 TOWNE MAILER, INC 400.00 152556 01/31/21 Courier Service 400.00 1000 510300 311 101000 Total for Vendor: 400.00

91043 4638 TURNER, SCOTT 59.90 1673146B 11/17/20 Flags 59.90 1000 420440 210 101000 Total for Vendor: 59.90 02/12/21 CITY OF HAMILTON Page: 13 of 15 14:29:24 Claim Approval List Report ID: AP100V For the Accounting Period: 2/21

For doc #s from 90945 to 91054 * ... Over spent expenditure

91044 2244 USA BLUEBOOK 237.00 475510 01/18/21 Gloves 237.00 5310 430600 220 101000 Total for Vendor: 237.00

91045 4156 UTILITIES UNDERGROUND LOCATION 47.10 1015077 01/31/21 Jan Locates 23.55 5210 430500 357 101000 1015077 01/31/21 Jan Locates 23.55 5310 430600 357 101000 Total for Vendor: 47.10

91046 4943 VERIZON WIRELESS 360.09 9871671973 01/20/21 HVFD Cell Svc 360.09 1000 420440 345 101000 Total for Vendor: 360.09

91048 E 6128 WEX BANK 1,665.50 39881848 01/31/21 Conoco Fuel - January 2021 1,487.18 1000 420100 230 101000 39881848 01/31/21 Conoco Fuel - January 2021 130.00 1000 420100 360 101000 39881848 01/31/21 Conoco Fuel - January 2021 9.66 1000 430200 230 101000 39881848 01/31/21 Conoco Fuel - January 2021 19.33 5210 430500 230 101000 39881848 01/31/21 Conoco Fuel - January 2021 19.33 5310 430600 230 101000 Total for Vendor: 1,665.50

91049 3179 WEX BANK 487.02 70023234 02/07/21 HVFD Fuel Chgs 487.02 1000 420440 230 101000 Total for Vendor: 487.02

91050 6442 YELLOWSTONE WATER WORKS 54.22 81-699 01/29/21 Splice Kit 54.22 5210 430500 220 101000 Total for Vendor: 54.22

91051 6906 ZetX, INC 600.00 21-203 02/02/21 Criminal Inv. - Liercke 600.00 1000 420100 380 101000 Total for Vendor: 600.00 # of Claims 110 Total: 87,903.67 Total Electronic Claims 1,665.50 Total Non-Electronic Claims 86238.17 02/12/21 CITY OF HAMILTON Page: 14 of 15 14:29:25 Fund Summary for Claims Report ID: AP110 For the Accounting Period: 2/21

———————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————— Fund/Account Amount ———————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————— 1000 GENERAL FUND 101000 Cash-First Interstate $30,881.30 2394 Building Code Enforcement 101000 Cash-First Interstate $6,759.63 2410 S.I.D. #10 Lighting Fund 101000 Cash-First Interstate $119.75 2412 S.I.D. #12 Lighting Fund 101000 Cash-First Interstate $921.95 2413 S.I.D. #13 Lighting Fund 101000 Cash-First Interstate $562.61 2414 S.I.D. #14 Lighting Fund 101000 Cash-First Interstate $1,609.42 2415 S.I.D. #15 Lighting Fund 101000 Cash-First Interstate $198.79 2416 S.I.D. #16 Lighting Fund 101000 Cash-First Interstate $1,365.42 2700 Downtown Hamilton Business Improvement 101000 Cash-First Interstate $638.48 5210 Water Operating 101000 Cash-First Interstate $32,150.56 5310 Sewer Operating 101000 Cash-First Interstate $12,079.26 7453 STATE TREASURER SURCHARGE 101000 Cash-First Interstate $616.50

Total: $87,903.67 02/12/21 CITY OF HAMILTON Page: 15 of 15 14:29:25 Claim Approval Signature Page Report ID: AP100A For the Accounting Period: 2 / 21

CLAIM APPROVAL by CITY COUNCIL, DATED February 16, 2021 City of Hamilton claim number 90945 through 91052 for February 2020 claims, TOTALING $84,080.17. Every reasonable effort has been made to process the claims accurately and charge the accounts so noted on the claim forms. There was nothing that came to our attention that would lead us to think that any of the claims were not legitimate. Claims have been noted as being approved by department heads or administrative review.

Mayor Dominic Farrenkopf has approved the preliminary review of claims prior to the February 16, 2021 Council meeting.

ENTERED By: Jenny L. Lovitt, Accounting Clerk REVIEWED BY: Craig A. Shepherd, Finance Administrator APPROVED BY: See departmental/administration approval and review initials and Council Chairman approval initial.

City of Hamilton Zoning 2021-01 Staff Report Zoning Ordinance Text Amendments Pertaining to Short-Term Rentals

Staff Report Date: January 6, 2021 Public Hearing Dates: Zoning Commission public hearing was on Monday, January 4, 2021. City Council public hearings are on Tuesday, February 2, 2021 and Tuesday, February 16, 2021. Staff Recommendation Approve. Recommended Motion Recommended City Council Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the zoning commission, and all information presented, I hereby move to adopt the findings presented in the staff report for Zoning Request 2021-01 and approve the proposed City of Hamilton Zoning Ordinance Text Amendments. Alternatives 1. Approve with the recommended findings; 2. Approve with modifications to the findings; 3. Deny based on findings of non-compliance with the applicable criteria contained within the applicable law and regulation; or

4. Continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Applicant City of Hamilton 223 South 2nd Street Hamilton, MT 59840 Project Summary The proposed text amendments to Title 17 (Zoning) of the Hamilton Municipal Code will list short-term rentals as a permitted use in the following zoning districts – Single-Family Residential (RS), Multiple-Family Residential (RM), Residential High-Density (RH), Transitional Neighborhood Business (B), Local Business (B- 1), Highway Related Business (B-2), and Central Business (CBD). Short-term rentals (a.k.a. vacation rentals) are individual dwelling units or rooms in dwelling units that are rented out to transient guests by or on behalf of the owner for stays of one night or more. As of December 2020, there are approximately 13 short-term rentals in operation in Hamilton City limits – seven in the RS district, two in the RM district, two in the B-1 district, one in the CBD district, and one in the B-2 district. Hamilton’s zoning ordinance does not address or define short-term rentals, which creates confusion as to

whether they are permitted and what standards do and do not apply. The intent of these amendments is to provide a foundation for the permitting and regulation of short-term rentals in the City. Overview of Proposed Amendments The proposed amendments include the following elements. The full text of the proposed amendments is attached to this report.

1. Definitions pertaining to short-term rentals; 2. Requirements for registration with the City; 3. Requirements for providing contact information and notification to neighbors; 4. Assurance of approval from Ravalli County Environmental Health; 5. Allowance for inspection by City planning, building, and fire departments; 6. Process for revocation of short-term rental registration; 7. Restrictions on the number of short-term rentals; and 8. Payment of registration fee. Zoning Commission The Zoning Commission held a public hearing and considered these zoning text amendments at its January 4, 2021 meeting. The Zoning Commission passed a motion recommending these zoning text amendments for approval by the Hamilton City Council on a unanimous 5-0 vote. Zone Map Amendment Staff Analysis and Findings of Fact The following is an evaluation of the proposed zoning text amendments under the criteria outlined in 76- 2-304, M.C.A. (zoning criteria). In considering the criteria, the analysis must show that the zoning text amendments accomplish criteria 1-4. Criteria 5-10 must be considered. A favorable decision on the proposed application must find that the application meets all of criteria 1-4 and that the positive outcomes of the amendments outweigh negative outcomes for criteria 5-10.

1. Is the proposed zoning in accordance with the City of Hamilton Growth Policy? The proposed zoning text amendments will permit short-term rentals in the City of Hamilton and provide standards pertaining to their use. Short-term rentals in Hamilton have grown in popularity with the rise of internet-based hosting platforms such as Airbnb and VRBO. The City’s zoning regulations currently do not address short-term rentals. The proposed text amendments advance multiple policies in the City’s growth policy, as noted below.

• Land Use Policy 1-A: Encourage variety, quality, and innovation in land use practice through modern, flexible land development regulations. • Land Use Policy 1-D: Continue to periodically review development standards to determine if they are adequate to meet health and safety concerns and are consistent with desired development patterns.

• Population and Economics Policy 3-H: Promote conferences and events at different venues in the City and coordinate with an assessment of lodging to ensure there are adequate rooms to host events.

• Housing Policy 3-A: Preserve the residential character of downtown neighborhoods and historic homes

• Housing Policy 3-F: Review existing zoning regulations to ensure that districts are consistent

with neighborhood objectives and amend regulations where appropriate. Criterion #1 Conclusion: The proposed zoning text amendments are in accordance with the City of Hamilton Growth Policy as they respond to a relatively new land use in a way that provides for innovation and variety while also promoting public health and safety and neighborhood preservation.

2. Is the proposed zoning designed to secure safety from fire and other dangers? As of December 17, 2020, there are approximately 13 short-term rentals operating in the City of Hamilton. Short-term rentals are not explicitly permitted in Hamilton, nor are they explicitly not allowed; creating uncertainty for City staff and short-term rental operators. The City of Hamilton’s planning, building, and fire departments do not currently have a process by which to inspect short- term rentals to ensure they secure safety from fire and other dangers. The proposed amendments will establish a registration process that allows for the aforementioned City departments to inspect short-term rentals to ensure they meet all City requirements pertaining to safety and fire. Criterion #2 Conclusion: The proposed zoning text amendments will secure safety from fire and other dangers as they will allow the City to inspect existing and new short-term rentals to ensure they meet requirements pertaining to safety and fire.

3. Is the proposed zoning designed to promote public health, public safety, and the general welfare? Currently all short-term rentals in Ravalli County are required to complete a public sleeping accommodation plan review application and receive approval from the Ravalli County Environmental Health Department. This ensures conformance with Chapter 37.111 of the Administrative Rules of Montana for public sleeping accommodations. Per communication with Environmental Health staff, as of November 2020, roughly 25% of the short-term rentals in Hamilton had applied and received approval from the Ravalli County Environmental Health Department. The proposed zoning text amendments require certification that the applicant has submitted and received approval of a public sleeping accommodation plan review application. The proposed amendments also include provisions for inspection by City planning, building, and fire officials to ensure all City of Hamilton requirements are met, including those pertaining to public safety. Criterion #3 Conclusion: The proposed zoning text amendment will promote public health, public safety, and the general welfare as they will provide a process for the City to ensure local and state public health requirements are being met for short-term rentals.

4. Is the proposed zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All short-term rentals in the City will be connected to the City’s water and sewer system either through established connections in existing buildings or through new connections which will be required for new development. As with all development in the City, each short-term rental will be required to have physical access to a street or alley. As short-term rentals provide overnight lodging to transient guests, it is not anticipated that they will impact local schools. Park usage may increase with additional short-term rentals, though with over 200 acres of City parkland, any increase in park use resulting from short-term rentals is not anticipated to overburden City park staff or result in a decreased level of service. In addition, any new development will be required to

pay impact fees for water, sewer, transportation, police, and fire. Criterion #4 Conclusion: The proposed zoning text amendments will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements as each short-term rental will be required to connect to City services. In addition, the anticipated increased demand from short-term rentals is not anticipated to overburden the aforementioned local services.

5. Does the proposed zoning provide reasonable provision of adequate light and air? Hamilton’s zoning ordinance has requirements for minimum lot area and frontage, building height, and setbacks, all of which provide for adequate light and air. Short-term rentals will be held to the same standards as any other new building in the City. Criterion #5 Conclusion: The proposed zoning text amendments will provide reasonable provision of adequate light and air through application of Hamilton’s zoning ordinance.

6. How would the proposed zoning effect motorized and non-motorized transportation systems? Impacts to the motorized and nonmotorized transportation system will stem from the increase in vehicle and non-motorized trips from new short-term rentals. The City’s transportation system has sufficient capacity to accommodate increased travel demand from short-term rentals. Any increase in travel from short-term rentals is not anticipated to be large enough to negatively impact the motorized or non-motorized transportation systems. Additionally, the proposed text amendments include limits on the number of short-term rentals that can be registered per building and per individual. This is intended to prevent the over proliferation of short-term rentals and any associated unwanted impacts, including burdening the City’s transportation system. The allowance of short-term rentals may also increase parking demand in Hamilton. The proposed text amendments require that short-term rentals meet all local regulations including the provisions of Chapter 17.100 of the Hamilton Municipal Code (Off-Street Parking and Loading). Short-term rentals will be held to the same standard as “hotels, motels, rooming or boarding houses, clubs and lodges with overnight accommodations” which requires one (1) parking space per unit or room. Criterion #6 Conclusion: The proposed zoning text amendments will have minimal effect on the motorized and non-motorized transportation systems as the City’s transportation system has sufficient capacity and each short-term rental will be required to meet Hamilton Municipal Code requirements addressing transportation impacts.

7. Does the proposed zoning promote compatible urban growth? As of December 17th, 2020, there are approximately 13 short-term rentals operating in the City of Hamilton. Several short-term rentals are in residential neighborhoods and blend in with surrounding land uses. Explicitly permitting short-term rentals will provide for greater flexibility in residential land uses and allow for an existing compatible land use to continue. The proposed text amendments also establish a baseline regulatory framework for short-term rentals, which allows the City to monitor the location and number of them. This way, if adverse impacts relating to compatible urban growth begin to surface, it will be easier for the City to institute additional requirements to mitigate those impacts.

Criterion #7 Conclusion: The proposed zoning text amendments will promote compatible urban growth as they will allow for greater flexibility in land uses and allow an existing land use to continue in residential and commercial neighborhoods. Additionally, the proposed text amendments put the City in a better position to monitor and address any adverse impacts relating to compatible urban growth.

8. Does the proposed zoning consider the character of the district, and its peculiar suitability for particular uses? The proposed text amendments will allow short-term rentals in commercial and residential zoning districts. As of December 17, 2020, short-term rentals operate in the RS, RM, CBD, B-1, and B-2 zoning districts. Short-term rentals have operated in these zoning districts for the last several years without documented adverse impacts to existing commercial and residential neighborhoods. There currently is no process for monitoring short-term rentals and regulating how many can be located on properties in residential neighborhoods, however. The proposed amendments include limits on the number of short-term rentals that can be registered per site in residential districts in an effort to limit the density of short-term rentals in neighborhoods. Criterion #8 Conclusion: The proposed zoning text amendments consider the character of the districts, and its peculiar suitability for particular uses as they provide a process for permitting and monitoring short-term rentals in residential and commercial neighborhoods.

9. Does the proposed zoning conserve the value of buildings? Short-term rentals allow property owners to generate additional rental income from their properties. The proposed zoning text amendments will formalize and make lawful the process for owning and operating a short-term rental in Hamilton. This will provide certainty for property owners, giving them more confidence to make future investments. In the absence of any regulatory framework in place, City staff have no way of addressing short-term rental impacts. With short-term rental standards in place, the City will be better equipped to address adverse impacts on building values if they arise. Criterion #9 Conclusion: The proposed zoning text amendments will conserve the value of buildings by providing a means for property owners to generate income and value from their property. The zoning text amendments will also put the City in a better place to address any impacts that may arise in the future.

10. Does the proposed zoning encourage the most appropriate use of the land throughout the jurisdictional area? Short-term rentals have both benefits and costs. Hamilton has a shortage of hotel rooms available and allowing short-term rentals will increase the number of beds available. At the same time, short-term rentals can take housing off the market, and housing in Hamilton is in short supply. The current absence of short-term rental regulations and standards, and the resulting lack of uncertainty, does nothing to further the benefits or address the costs. To date, short-term rentals have operated throughout Hamilton’s residential and commercial neighborhoods with few, if any, adverse impacts. The proposed zoning text amendments provide a baseline regulatory framework including a simple registration process and limits on the number of short-term rentals that can be operated per site in residential districts. Should short-term rentals proliferate further in Hamilton, there may be a need to enact more stringent requirements for short-term rentals, including where

and how they operate in the City. If this need arises the proposed text amendments will put the City an advantageous position to build-on already in place regulations and processes rather than having to start from square one. Criterion #10 Conclusion: The proposed zoning text amendments encourage the most appropriate use of the land throughout the jurisdictional area by allowing and regulating a land use that has existed in Hamilton for several years without incident and which benefits local property owners. In addition, the proposed amendments provide a means for the City to monitor short-term rentals and address adverse impacts to ensure they are located in appropriate areas in the City. Legal Notice Legal notice for the Zoning Commission public hearing was published in the Ravalli Republic on Sunday, December 20, 2020 and Sunday, December 27, 2020. Legal notice for the City Council public hearings was published in the Ravalli Republic on Sunday, January 17, 2021 and Sunday, January 24, 2021. Public Comments At the January 4, 2021 Zoning Commission public hearing one member of the public asked for clarification on the number of nights that qualified a rental as short-term. Attachments 1. Full text of proposed zoning text amendments.

Proposed Amendment to Title 17 (Zoning) of the Hamilton Municipal Code Amendments shown in underline strikethrough format

17.04.040 – Definitions (NEW DEFINITIONS) “Short-term rental” means a building or part of a building that is rented by or on behalf of the owner to the general public for compensation for transient guests. “Transient guest” means an occupant who is temporary in nature, staying at one location for twenty-eight (28) days or less. 17.16.70 – Short-Term Rentals (NEW SECTION) A. Intent 1. The intent of this section is to provide for the regulation of short-term rentals in the City, to preserve neighborhood character, to encourage economic activity, investment, and diversity, and to promote public health, safety, and welfare. B. Applicability 1. This section does not apply to any rental of a dwelling unit which is governed and defined by The Montana Residential Landlord and Tenant Act of 1977 (Landlord Tenant Act). This section applies only to transient occupancy of a short-term rental as defined herein. 2. The short-term rental regulations are not intended to interfere with, abrogate, or annul any legal or lawful private covenants. C. Where Allowed 1. An owner may operate a short-term rental in established dwelling units in all zoning districts where such use is authorized in this Title. D. Compliance with Laws 1. In addition to the provisions of this section, the short-term rental owner must comply with all other applicable local, state and federal laws and regulations. Loss of any required permit or license will result in revocation of the short-term rental registration. E. Registration Process 1. Registration is required for all short-term rentals and shall be renewed annually. A separate registration shall be required for each short-term rental unit. 2. The applicant must complete and submit a short-term rental application using a form provided by the City. As part of the application process the applicant shall: a. Provide the name, telephone number, address, and email address of all property owners and of the persons or business responsible for all maintenance and safety concerns. If the property owner is a business, the name(s) and contact information of all business owners must be provided. b. Notify all adjacent property owners and residents (excluding right-of-way) prior to submitting a short-term rental application. The notice must include a description of the proposed use and the name, address, telephone number and email address of the business or person responsible for all maintenance and safety concerns. The applicant must provide a written statement to the zoning administrator regarding the manner in which notification occurred and when.

c. Provide certification the applicant has submitted a Public Sleeping Accommodation Plan Review application to the Ravalli County Environmental Health Department. d. Pay the short-term rental registration fee. 3. Once the applicant has submitted a complete short-term rental application, the zoning administrator will review the application and all submittal materials in conjunction with City building and fire departments and the Ravalli County Health Department. The zoning administrator will issue the short-term rental registration when it has been determined that: a. All City requirements have been met; b. The Ravalli County Environmental Health Department has approved the short-term rental as a public accommodation; c. The short-term rental will not cause or contribute to an imminent threat to public health and safety. 4. Prior to registration, the City, or any authorized representative thereof, shall have the right to enter the short-term rental to inspect for conformance with City requirements after reasonable notice to the property owner or designee indicated on the application. 5. The owner must include the short-term rental registration number in all listings of the short- term rental on any online hosting platform and print advertising. F. Revocation 1. The zoning administrator may revoke a registration to operate a short-term rental for good cause related to public health and safety, including violation of applicable laws or ordinance. If the zoning administrator determines that three violations of any City ordinance or law occurs at a short-term rental within a 12-month period, the registration to operate the short- term rental must be revoked at that location for a period of one year. Appeals of revocations shall be made to the Zoning Board of Adjustment. G. Number 1. No more than one short-term rental unit is permitted per parcel in the RS and RM zoning districts. 2. No more than two units per building may be used as a short-term rental in the RH, B, and B-1 zoning districts. 3. No individual or business shall register more than two short-term rentals in the RS, RM, and RH zoning districts. H. Fees. 1. Short-term rental registration, review, and inspection fees shall be established by resolution of the Hamilton City Council. Chapter 17.24 - SINGLE-FAMILY RESIDENTIAL DISTRICT (RS) 17.24.020 - Uses allowed. E. Short-term rentals Chapter 17.30 - MULTIPLE-FAMILY RESIDENTIAL DISTRICT (RM) 17.30.020 - Uses allowed. F. Short-term rentals

Chapter 17.32 - RESIDENTIAL HIGH DENSITY DISTRICT (RH) 17.32.020 - Uses allowed. F. Short-term rentals Chapter 17.64 - TRANSITIONAL NEIGHBORHOOD BUSINESS DISTRICT (B) 17.64.020 - Uses allowed. K. Short-term rentals Chapter 17.68 - LOCAL BUSINESS DISTRICT (B-1) 17.68.020 - Uses allowed. O. Short-term rentals Chapter 17.76 Central Business District Zone (CBD) 17.76.020 - Uses allowed. O. Short-term rentals

ORDINANCE NO. 417

AN ORDINANCE OF THE HAMILTON CITY COUNCIL AMENDING MULTIPLE SECTIONS OF TITLE 17 OF THE HAMILTON MUNICIPAL CODE. MORE SPECIFICALLY ADDING SECTION 17.16.070 PERTAINING TO STANDARDS FOR SHORT-TERM RENTALS AND REVISING THE FOLLOWING SECTIONS TO CLARIFY AND ALLOW FOR SHORT-TERM RENTALS – 17.04.040, 17.24.020, 17.30.020, 17.32.020, 17.64.020, 17.68.020, AND 17.76.020.

WHEREAS, the City of Hamilton, Montana has adopted zoning regulations in Title 17 of the Hamilton Municipal Code to implement the Growth Policy and provide for the orderly development of the City; and

WHEREAS, the City has amended Title 17 from time to time to respond to changes in state law, legal decisions, and community needs; and

WHEREAS, the Hamilton City Zoning Commission held a public hearing on January 4, 2021 to consider the proposed Title 17 amendments. The Hamilton Zoning Commission voted 5-0 to recommend adoption of the proposed amendments included in this Ordinance; and

WHEREAS, the City of Hamilton published notice of the required Zoning Commission and City Council public hearings on the Title 17 amendments as required by Montana Code Annotated 76-2-303 and Hamilton Municipal Code 17.08.020; and

WHEREAS, the Hamilton City Council conducted the required public hearings on the Title 17 amendments on February 2, 2021 and February 16, 2021; and

WHEREAS, the Hamilton City Council held a first reading of this Ordinance No. 417 on February 2, 2021 and the second reading of this Ordinance No. 417 on February 16, 2021; and

WHEREAS, the Hamilton City Council finds that the proposed Title 17 amendments are consistent with the City of Hamilton's Growth Policy and in compliance with the zoning amendment criteria established in Montana Code Annotated 76-2-304.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hamilton, Montana:

Section 1

That Section 17.04.040, Definitions, of the Hamilton Municipal Code be amended as follows:

“Short-term rental” means a building or part of a building that is rented by or on behalf of the owner to the general public for compensation for transient guests.

“Transient guest” means an occupant who is temporary in nature, staying at one location for twenty-eight (28) days or less.

Section 2

That Section 17.16.070, Short-Term Rentals, be added to the Hamilton Municipal Code as follows: A. Intent 1. The intent of this section is to provide for the regulation of short-term rentals in the City, to preserve neighborhood character, to encourage economic activity, investment, and diversity, and to promote public health, safety, and welfare. B. Applicability 1. This section does not apply to any rental of a dwelling unit which is governed and defined by The Montana Residential Landlord and Tenant Act of 1977 (Landlord Tenant Act). This section applies only to transient occupancy of a short-term rental as defined herein. 2. The short-term rental regulations are not intended to interfere with, abrogate, or annul any legal or lawful private covenants. C. Where Allowed 1. An owner may operate a short-term rental in established dwelling units in all zoning districts where such use is authorized in this Title. D. Compliance with Laws 1. In addition to the provisions of this section, the short-term rental owner must comply with all other applicable local, state and federal laws and regulations. Loss of any required permit or license will result in revocation of the short-term rental registration. E. Registration Process 1. Registration is required for all short-term rentals and shall be renewed annually. A separate registration shall be required for each short-term rental unit. 2. The applicant must complete and submit a short-term rental application using a form provided by the City. As part of the application process the applicant shall: a. Provide the name, telephone number, address, and email address of all property owners and of the persons or business responsible for all maintenance and safety concerns. If the property owner is a business, the name(s) and contact information of all business owners must be provided. b. Notify all adjacent property owners and residents (excluding right-of-way) prior to submitting a short-term rental application. The notice must include a description of the proposed use and the name, address, telephone number and email address of the business or person responsible for all maintenance and safety concerns. The applicant must provide a written statement to the zoning administrator regarding the manner in which notification occurred and when. c. Provide certification the applicant has submitted a Public Sleeping Accommodation Plan Review application to the Ravalli County Environmental Health Department. d. Pay the short-term rental registration fee. 3. Once the applicant has submitted a complete short-term rental application, the zoning administrator will review the application and all submittal materials in conjunction with City building and fire departments and the Ravalli County Health Department. The zoning administrator will issue the short-term rental registration when it has been determined that: a. All City requirements have been met; b. The Ravalli County Environmental Health Department has approved the short-term rental as a public accommodation; c. The short-term rental will not cause or contribute to an imminent threat to public health and safety. 4. Prior to registration, the City, or any authorized representative thereof, shall have the right to enter the short-term rental to inspect for conformance with City requirements after reasonable notice to the property owner or designee indicated on the application. 5. The owner must include the short-term rental registration number in all listings of the short- term rental on any online hosting platform and print advertising. F. Revocation 1. The zoning administrator may revoke a registration to operate a short-term rental for good cause related to public health and safety, including violation of applicable laws or ordinance. If the zoning administrator determines that three violations of any City ordinance or law occurs at a short-term rental within a 12-month period, the registration to operate the short- term rental must be revoked at that location for a period of one year. Appeals of revocations shall be made to the Zoning Board of Adjustment. G. Number 1. No more than one short-term rental unit is permitted per parcel in the RS and RM zoning districts. 2. No more than two units per building may be used as a short-term rental in the RH, B, and B-1 zoning districts. 3. No individual or business shall register more than two short-term rentals in the RS, RM, and RH zoning districts. H. Fees. 1. Short-term rental registration, review, and inspection fees shall be established by resolution of the Hamilton City Council.

Section 3

That Section 17.24.020, Uses Allowed in the Single-Family Residential District (RS), of the Hamilton Municipal Code be amended as follows: A. Single-family dwellings B. Accessory buildings and uses incidental to the uses allowed in this district. C. Home occupations. See Chapter 17.108. D. Accessory dwelling units. E. Short-Term rentals

Section 4

That Section 17.30.020, Uses Allowed in the Multiple-Family Residential District (RM), of the Hamilton Municipal Code be amended as follows: A. All uses allowed in the RS district. B. Two-family dwelling units and town homes. C. Accessory buildings and uses incidental to the uses allowed in this district. D. Home occupations. See Chapter 17.108 of this title. E. Accessory dwelling units. F. Short-term rentals

Section 5

That Section 17.32.020, Uses Allowed in the Residential High Density District (RH), of the Hamilton Municipal Code be amended as follows: A. All uses allowed in the RS district. B. All uses allowed in the RM district. C. Multiple-family dwellings, town homes, condominiums and apartments up to a maximum of twenty-eight (28) dwelling units per net acre. D. Accessory buildings and uses incidental to allowed uses. E. Accessory dwelling units. F. Short-term rentals

Section 6

That Section 17.64.020, Uses Allowed in the Transitional Neighborhood Business District (B), of the Hamilton Municipal Code be amended as follows: A. Retail stores and shops which meet the intent of the district. B. Convenience stores, not to include sale of propane or motor vehicle fuels. C. Personal service facilities. D. Hardware stores. E. Repair services, except automotive and small engine repair. F. Eating establishments, except drive-thru's. G. Professional and business offices. H. Arts and crafts studios. I. Any uses in RS, RM and RH districts provided that the off-street parking requirements for residential uses can be met. J. Accessory dwelling units. K. Short-term rentals Section 7

That Section 17.68.020, Uses Allowed in the Local Business District (B-1), of the Hamilton Municipal Code be amended as follows: A. Uses allowed in the B district, with the exception of RS, RM and RH. B. Retail stores and shops. C. Banks, credit unions and other financial institutions. D. Eating establishments, bakeries and catering establishments, except drive-thru's. E. Arcades. F. Media offices and production facilities. G. Printing shops and photography shops. H. Taverns and cocktail lounges. I. Theaters, museums and libraries. J. Social, service and fraternal clubs. K. Medical and dental clinics. L. Indoor recreational and fitness facilities. M. Parks and open space. N. Professional and personal services. O. Short-term rentals

Section 8

That Section 17.76.020, Uses Allowed in the Central Business District (CBD), of the Hamilton Municipal Code be amended as follows:

A. Retail stores and shops. B. Banks, credit unions and other financial institutions. C. Eating establishments (walk-ins), bakeries and catering establishments (except drive-thru's). D. Arcades. E. Media offices and production facilities. F. Printing shops and photography shops. G. Dwellings, provided they are located above the ground floor of the same building of the use allowed. H. Taverns and cocktail lounges. I. Theaters and museums. J. Medical and dental offices. K. Indoor recreational facilities and health clubs. L. Parks and open spaces. M. Professional and personal services. N. Barber and beauty shops. O. Short-term rentals

BE IT FURTHER ORDAINED, by the City Council of the City of Hamilton, Montana, that this Ordinance No. 417 is passed, approved and adopted effective thirty (30) days following the second reading on February 16, 2021.

(SEAL) By:______Dominic Farrenkopf, Mayor

Attest:______Rose M. Allen, City Clerk

City of Hamilton Zoning 2021-02 Staff Report Zoning Ordinance Text Amendments for Residential Development Standards

Staff Report Date: January 6, 2021 Public Hearing Dates: Zoning Commission public hearing was on Monday, January 4, 2021. City Council public hearings are on Tuesday, February 2, 2021 and Tuesday, February 16, 2021. Staff recommendation Approve. Recommended Motion Recommended City Council Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the zoning commission, and all information presented, I hereby move to adopt the findings presented in the staff report for Zoning Request 2021-02 and approve the proposed City of Hamilton Zoning Ordinance Text Amendments. Alternatives 1. Approve with the recommended findings; 2. Approve with modifications to the findings; 3. Deny based on findings of non-compliance with the applicable criteria contained within the applicable law and regulation; or

4. Continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Applicant City of Hamilton 223 South 2nd Street Hamilton, MT 59840 Project Summary The proposed text amendments to Title 17 (zoning) of the Hamilton Municipal Code will change residential development standards in the following zoning districts, Single-Family Residential (RS), Multiple-Family Residential (RM), Residential High-Density (RH), Transitional Neighborhood Business (B), and Local Business (B-1). The intent of the proposed amendments is to implement the City’s growth policy by expanding opportunities for infill housing. The amendments will allow for incremental increases in residential densities as a means of expanding housing options in Hamilton. The proposed amendments will also better match existing development patterns. For example, the proposed 4,200 square foot minimum lot size for single-family homes matches the lot sizes that were established when Hamilton was originally platted in the late 19th century. The overall goal is to allow for a range of smaller housing units and multi-dwelling unit buildings that are compatible in scale with single-family homes.

Overview of Proposed Amendments An overview of the proposed amendments is presented below, the full text is attached to this report. Amendments to Single-Family Residential District (RS): • Reduced minimum lot area from 7,000 square feet (sf) to 4,200 sf. • Reduce minimum lot frontage from 50-feet to 30-feet. • Reduce front setback from 20 feet to 15 feet. • Increase maximum height for accessory buildings from 18-feet to 25-feet. Amendments to Multiple-Family Residential District (RM): • List four-family dwelling units as permitted (currently only up to duplexes are permitted by right). • Reduced minimum lot area and frontages based on number of units. • Reduce front setback from 20 feet to 15 feet. • Increase maximum height for accessory buildings from 18-feet to 25-feet. Amendments to Residential High-Density District (RH): • Remove maximum density provision of “28 dwelling units per net acre.” • Reduced minimum lot area and frontages based on number of units. • Reduce front setback from 20 feet to 15 feet. • Reduce side setback from ten feet to five feet and from 15-feet to ten feet for corner lots • Increase maximum height for accessory buildings from 18-feet to 25-feet. Amendments to Transitional Neighborhood Business District (B): • Separate out regulations for commercial and residential uses. Commercial remains unchanged; residential is same as for RH district. • Reduce front setback from 25 feet to 15 feet for commercial uses. • Reduce side setback for corner lots from 20-feet to ten feet for commercial uses. • Increase maximum height for accessory buildings from 18-feet to 25-feet. Amendments to Local Busines District (B-1): • List dwellings in excess of five units as permitted. Currently ground-floor residential uses are not permitted in the B-1 district. Zoning Commission The Zoning Commission held a public hearing and considered this zoning text amendment at its January 4, 2021 meeting. Amendments City Planner Matthew Rohrbach added an amendment to continue not allowing ground-floor residential uses in the Highway-Related Business District (B-2), which was not made clear in the original proposal. Public Comments During the public hearing, one member of the public spoke in favor of the proposed text amendments, citing that they will help address housing affordability in Hamilton. One member of the public spoke in opposition to the proposed text amendments citing concerns over increased density. Result The Zoning Commission passed a motion recommending these zoning text amendments, as amended, for

approval by the City Council on a unanimous, 5-0, vote. Zone Map Amendment Staff Analysis and Findings of Fact The following is an evaluation of the proposed zoning text amendments under the criteria outlined in 76- 2-304, M.C.A. (zoning criteria). In considering the criteria, the analysis must show that the zoning text amendments accomplish criteria 1-4. Criteria 5-10 must be considered. A favorable decision on the proposed application must find that the application meets all of criteria 1-4 and that the positive outcomes of the amendments outweigh negative outcomes for criteria 5-10.

1. Is the proposed zoning in accordance with the City of Hamilton Growth Policy? The proposed zoning text amendments will allow for residential in-fill and facilitate development of a variety of housing options in the City. The aim of the proposed amendments is to alleviate issues surrounding housing availability and attainability. Hamilton’s Growth Policy the following two trends afflicting the City’s housing market – 1.) the shortage of rental housing (p. Housing-8) and 2.) that new construction is not meeting affordable needs (p. Housing-8). The proposed text amendments advance multiple policies in the City’s growth policy as noted below. No conflicts with the Growth Policy have been identified.

• Housing Goal 1A – Achieve the production of affordable housing on vacant, infill sites to the greatest degree possible. • Housing Goal 1F – Promote the development of workforce housing in or close to town. • Housing Goal 2A – Evaluate land development regulations and update as needed to allow for accessory apartments and higher density mixed used residential development where appropriate. • Housing Goal 2D – Promote pedestrian friendly design elements in new housing developments. • Housing Goal 3A – Preserve the residential character of downtown neighborhoods and historic homes. • Housing Goal 3F – Review existing zoning regulations to ensure that districts are consistent with neighborhood objectives and amend regulations where appropriate. • Land Use Goal 1A – Encourage variety, quality, and innovation in land use practice through modern, flexible land development regulations. • Land Use Goal 1D – Continue to periodically review development standards to determine if they are adequate to meet health and safety concerns and are consistent with desired development patterns. • Land Use Goal 3D – Allow for innovative development that promotes principles of smart growth and resiliency. • Land Use Goal 3E – Promote in-fill development that is served by infrastructure and compatible with existing neighborhoods. • Land Use Goal 3F – Direct development to areas already served by infrastructure. • Land Use Goal 4A – Development projects should reflect the character and scale of nearby properties. • Public Facilities Goal 3B – Encourage development where there is existing infrastructure or where facilities can cost effectively be expanded for new growth. • Planning Area Goal 2B – Encourage new development along existing growth corridors and

to in-fill areas along between the city and areas that are already zoned or subdivided at urban densities in the planning area. Criterion #1 Conclusion: The proposed zoning text amendments are in accordance with the City of Hamilton Growth Policy as they will allow for additional housing options in areas already served by City infrastructure and remove barriers to residential in-fill.

2. Is the proposed zoning designed to secure safety from fire and other dangers? Hamilton’s Municipal Code includes standards pertaining to securing safety from fire and other dangers. These include standards for building materials, setbacks, building heights, water, supply, and property access. All properties in Hamilton are served by City police and fire. The proposed amendments will allow for incrementally higher residential densities. To offset any increased demand on police and fire services all future development will be required to pay police and fire impact fees. Criterion #2 Conclusion: Safety from fire and other dangers will be secured through application of Hamilton’s Municipal Code. This criterion will further be met through payment of impact fees for police and fire services.

3. Is the proposed zoning designed to promote public health, public safety, and the general welfare? The proposed text amendments retain provisions intended to protect public health, safety, and general welfare, including minimum lot sizes, setbacks, and maximum height. Additional standards in Hamilton’s Municipal Code, including those for building and public works, include requirements for water, sewer, and construction which are intended to promote public health, safety and general welfare. The development patterns that would be permitted under the proposed amendments have been in existence in Hamilton for over 70-years without widespread, documented adverse impact to the public. While the proposed text amendments will allow for increased residential densities, not every lot or area of the City will be eligible for these increased densities due to the lack of vacant land and requirements for parking, lot size, frontage, and/or setbacks. Therefore, the potential residential density increases will be dispersed and incremental and are not anticipated to adversely impact public health safety and general welfare. Criterion #3 Conclusion: The proposed zoning text amendments will promote public health, public safety, and the general welfare through application of the Hamilton Municipal Code including zoning, public works, and building permit review processes.

4. Is the proposed zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The proposed zoning text amendments will allow for development of additional housing in Hamilton by way of reduced lot size requirements and increases in the number of units allowed on a lot. All new residential development in the City is required to hook into the City’s water and sewer systems and have legal and physical access. To offset the impact on City services, new and development is also required to pay impact fees for water, sewer, and transportation. Furthermore, by increasing infill opportunities the proposed zoning text amendments will allow for more development that is near existing City streets and water and sewer lines. This will result in a more efficient and cost-effective provision of City services as the need to expand new City services will be reduced.

The City of Hamilton has over 200 acres of parkland. Park usage will likely increase as the City grows, regardless of density. Any increase in park usage is not anticipated to overburden City park staff or result in a decreased level of service. The provision of schools will also be provided by existing public-school facilities. Based on available data, Hamilton Public Schools have adequate capacity to accommodate additional demand, as their K-12 enrollment numbers have hovered around 1,500 students over the last five years and their student teacher ratio is at 15:1, which is well below state requirements.12 Building permit review of any new development will provide site specific evaluations of infrastructure needs, with additional improvements potentially being required to resolve deficiencies as part of the review process. Criterion #4 Conclusion: The proposed zoning text amendments will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements as each new development will be required to be served by the aforementioned services and facilities, all of which have adequate capacity to serve the anticipated minimal impact. The City’s review procedures and standards further ensure this criterion is met.

5. Does the proposed zoning provide reasonable provision of adequate light and air? The proposed zoning text amendments will allow for a continuation of development patterns which currently exist in many of Hamilton’s residential neighborhoods, particularly those west of Highway 93. Regulations in Hamilton’s zoning ordinance and building codes pertaining to height, setbacks, parkland dedication, and lot coverage will continue to be enforced. One intent of these requirements is to provide for light and air. Criterion #5 Conclusion: The proposed zoning text amendments will provide for adequate light and air through application of Hamilton zoning ordinance and building codes.

6. How would the proposed zoning effect motorized and non-motorized transportation systems? The proposed zoning text amendments will allow slightly higher residential densities in both existing and new neighborhoods. Any new development, regardless of densities, will increase both motorized and non-motorized travel as more people equals more trips. Regardless of this fact, the proposed text amendments are not likely to change the fact that Hamilton is growing, rather they have potential to alter the form of the City’s growth. By allowing incremental density increases Hamilton will enable more compact development patterns. Research has shown that compact development tends to make people drive slightly less, with several variables influencing how much less, including distance to downtown, population density, job accessibility, intersection density, land use mix, and jobs-housing balance.3 Higher density residential development is generally associated with higher degrees of walking and biking as there tend to be more origins and destinations within comfortable biking and walking distance of each other. Though a primary influencing factor of this is the availability of safe non-motorized infrastructure, which is generally a requirement for new development in the City.

1 https://gems.opi.mt.gov/Pages/HomePage.aspx 2 http://www.mtrules.org/gateway/ruleno.asp?RN=10%2E55%2E712 3 Stevens, M. (2017). Does Compact Development Make People Drive Less? Journal of the American Planning Association. 83(1), 7-18.

While traffic volumes on Highway 93 have steadily increased over the years, when taken as a whole, Hamilton’s motorized transportation system does not have any significant capacity constraints. Criterion #6 Conclusion: The proposed zoning text amendments could potentially benefit the City’s motorized and non-motorized transportation systems by allow development patterns which have been shown to decrease vehicle trips and lead to more biking and walking.

7. Does the proposed zoning promote compatible urban growth? Many of Hamilton’s residential neighborhoods were developed prior to the City having zoning. When Hamilton was originally laid out in the late 19th century, the city was carved into 30-foot by 140-foot, (4,200 square foot) lots, which now are considered too small under the current zoning regulations. Additionally, in the years before zoning there are all kinds of different housing types built throughout the City. There are currently numerous properties in Hamilton’s residential neighborhoods that do not conform to current zoning requirements with respect to use, lot size, frontage, and density. These properties are considered legal non-conforming uses. Examples include small homes built on 4,200 square foot lots or apartment buildings in the RS district. Many of these developments were in place before WWII. Criterion #7 Conclusion: The proposed zoning text amendments will promote compatible urban growth as they will allow development patterns which have historically existed in Hamilton’s residential neighborhoods. Additionally, they may bring existing development into conformity with the City’s zoning ordinance.

8. Does the proposed zoning consider the character of the district, and its peculiar suitability for particular uses? Hamilton’s residential zoning districts are characterized primarily by residential land uses of varying densities. As mentioned under criterion #7, non-conforming residential uses are prevalent in the City’s residential districts, though not at the detriment of surrounding land uses. As their name implies, residential districts are suitable for residential land uses. The proposed text amendments allow for continued residential uses in districts where they are already allowed, just at slightly higher densities. Criterion #8 Conclusion: The proposed zoning text amendments consider the character of the district, and its peculiar suitability for particular uses as they will allow for additional residential land uses in districts where such uses are already allowed.

9. Does the proposed zoning conserve the value of buildings? Conserving building values is a function of allowing land uses that are compatible and reasonable in relation to surrounding land uses. The proposed zoning text amendments will allow for incremental increases in density. While there are theories that high density housing lowers surround property values, research by the Urban Land Institute has shown that “No discernible difference exists in the appreciation rate of properties located near higher-density development and those that are not.”4 Many existing residential neighborhoods have densities that would be allowed under the proposed text amendments. Additionally, the proposed text amendments will bring some non-conforming uses and structures into conformity with the City’s zoning ordinance

4 https://uli.org/wp-content/uploads/ULI-Documents/HigherDensity_MythFact.ashx_.pdf

which in turn will make it easier for these properties to be bought and sold without issue and will also make it so buildings on these properties can be rebuilt should they be destroyed for whatever reason.5 Criterion #9 Conclusion: The proposed zoning text amendments conserve the value of buildings as they will allow for development patterns which currently exist throughout Hamilton and they may bring existing uses and structures into conformity with the City’s zoning ordinance.

10. Does the proposed zoning encourage the most appropriate use of the land throughout the jurisdictional area? The proposed zoning text amendments are intended to better implement Hamilton’s Growth Policy, specifically with regard to allowing infill development and increasing the supply of housing. The City needs additional housing to accommodate current and projected demand. To meet this demand, a greater selection of housing options will be needed, including large and small single- family homes, apartments, and townhomes units. Additionally, more infill opportunities will enable development in areas well served by City services, thereby allowing for a more efficient and cost-effective provision of local services. Criterion #10 Conclusion: The proposed zoning text amendments encourage the most appropriate use of the land throughout the jurisdictional area by implementing the City Growth Policy’s direction to allow for additional housing options in close proximity to City services. Legal Notice Legal notice for the Zoning Commission public hearing was published in the Ravalli Republic on Sunday, December 20, 2020 and Sunday, December 27, 2020. Legal notice for the City Council public hearings was published in the Ravalli Republic on Sunday, January 17, 2021 and Sunday, January 24, 2021. Public Comments During the January 4, 2021 Zoning Commission public hearing, one member of the public spoke in favor of the proposed text amendments, citing that they will help address housing affordability in Hamilton. One member of the public spoke in opposition to the proposed text amendments citing concerns over increased density. Attachments 1. Full text of proposed zoning text amendments.

5 Personal communication with Darwin Ernst, local real estate appraiser.

Proposed Amendments to Title 17 of the Hamilton Municipal Code Amendments shown in underline strikethrough format

Chapter 17.24 - SINGLE-FAMILY RESIDENTIAL DISTRICT (RS) 17.24.040 - Conditional uses and conditional use structures. The following conditional uses and conditional use structures must comply with the maximum height regulations of Section 17.24.060 and the regulations set forth in Chapter 17.124. Approval of these conditional uses and conditional use permits must be obtained from the zoning board of adjustment prior to the building permit being issued. A. Two-family dwellings A. Within the original town site of Hamilton and later additions that were platted before 1957 as small urban lots of thirty by one hundred forty (30×140) feet and had densities of ten dwelling units per net acre the following uses may be allowed subject to the following conditions: 1. Single-family dwellings, accessory buildings and uses incidental thereto on existing lots with the area dimensions of: a. Minimum lot area: Four thousand two hundred (4,200) square feet. b. Minimum lot frontage: Thirty (30) feet as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Twenty (20) feet measured from the rear property line for a main building; five feet measured from the rear property line for an accessory buildings; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Three feet measured from property line on each side. d. Corner lots. Corner lots to be used for single-family dwellings on a lot with a minimum area of four thousand two hundred (4,200) square feet and with a minimum thirty (30) foot frontage or duplex dwellings on a lot with a minimum area of eight thousand four hundred (8,400) square feet and with a minimum sixty (60) foot frontage are required to satisfy the fifty (50) foot by twenty (20) foot clear view triangle requirements of First Street for both the primary and secondary street directions. 2. Duplex dwellings, accessory buildings and uses incidental thereto on those existing lots with the area of and dimensions as follows: a. Minimum lot area: Eight thousand four hundred (8,400) square feet. b. Minimum lot frontage: Sixty (60) feet as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Five feet measured from the rear property line for a main building; five feet measured from the rear property line for an accessory buildings; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Five feet measured from property line on each side.

B. Churches; C. Community centers; D. Day care centers, preschool and nursery schools; E. Foster care and licensed family day care homes with six or less full time children; F. Community residential facilities and licensed group day care homes with twelve (12) or less full time children; G. Libraries, schools (public and private; and H. Parks, playgrounds and recreational facilities not for profit but ancillary to residential uses. 17.24.050 – Minimum area regulations. A. Minimum lot area: Seven thousand (7,000) square feet. Four thousand two hundred (4,200) square feet B. Minimum lot frontage: Thirty (30) Fifty (50) feet as measured at the front property line. C. Minimum yard setbacks: 1. Front yard: Fifteen (15) Twenty (20) feet measured from the front property line. 2. Rear yard: Twenty (20) feet measured from the rear property line for a main building; five feet measured from the rear property line for an accessory building; ten feet measured from the rear property line for detached garages opening to alley. a. Main building: Twenty (20) feet measured from the rear property line b. Accessory building: Five (5) feet measured from the rear property line c. Garages opening to alley: Ten (10) feet 3. Side yards: a. Five feet measured from the property line on each side. b. Corner lots side yard: Ten feet measured from the property line adjacent to the non- primary street. 17.24.060 - Maximum height regulations. A. Main building: Two and one-half stories or thirty-five (35) feet, whichever is less, excluding chimneys, which may extend five feet above the roofline. B. Accessory buildings: Two stories or twenty-five (25) feet One and one-half stories or eighteen (18) feet, whichever is less. C. Churches, when allowed by a conditional use permit: Forty-five (45) feet. Chapter 17.30 - MULTIPLE-FAMILY RESIDENTIAL DISTRICT (RM) 17.30.010 - Intent. The multiple-family residential district (RM) establishes zoning for one to four family dwelling units. duplexes. Multiple-family dwelling units of three or more dwelling units are allowed with an approved conditional use permit. 17.30.020 - Uses allowed. A. All uses allowed in the RS district. B. Two to four family dwelling units and townhomes.

C. Townhouses D. Accessory buildings and uses incidental to the uses allowed in this district. E. Home occupations. See Chapter 17.108 of this title. F. Accessory dwelling units 17.30.040 - Conditional uses and conditional use structures. The following conditional uses and conditional use structures must comply with the height regulations of Section 17.30.060 and the regulations set forth in Chapter 17.124. Approval of these conditional uses and conditional use structures must be obtained from the zoning board of adjustment prior to the building permit being issued: A. Within the original town site of Hamilton and later additions that were platted before 1957 as small urban lots. 1. Single-family dwelling units, accessory buildings and uses incidental thereto on existing lots within the original town site of Hamilton and later additions platted before 1957 as small urban lots of thirty by one hundred forty (30 × 140) feet which had densities of ten dwelling units or less per net acre. The area and dimensions shall be as follows: a. Minimum lot area: Four thousand two hundred (4,200) square feet. b. Minimum lot frontage: Thirty (30) feet, as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Twenty (20) feet measured from the rear property line for the dwelling unit; five feet measured from the property line for an accessory buildings; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Three feet from property line on each side. 2. Duplex dwelling units, accessory buildings and uses incidental thereto on two or more of those existing lots with the area of and dimensions as follows: a. Minimum lot area: Eight thousand four hundred (8,400) square feet. b. Minimum lot frontage: Sixty (60) feet as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Five feet measured from the rear property line for the dwelling unit; five feet measured from the rear yard property line for an accessory building; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Five feet measured from property line on each side. B. Personal service facilities and food services, if located in the main building (club house) for approved multiple-family dwellings; C. Church steeples, ornamental towers, spires or monuments, if higher than forty-five (45) feet; D. Five to eight Multiple-family dwellings and apartment houses, when access is provided onto a collector or local street;

E. Boarding and lodging houses; F. Churches; G. Community centers; and H. Libraries, museums, schools (public or private), parks, playgrounds or recreational facilities (not for profit). 17.30.050 - Minimum area regulations. A. Minimum lot area: 1. Single- family dwellings: 5,000 Four thousand two hundred (4,200) square feet 2. Dwellings in excess of one-unit Two-family dwellings: 8,400 Two thousand five hundred (2,500) square feet per dwelling unit 3. Townhouses: 5,000 Four thousand two hundred (4,200) square feet 4. All other uses: Eight thousand (8,000) square feet. 5. For conditionally permitted uses and structures: Ten thousand (10,000) square feet with a minimum of one thousand four hundred fifty (1,450) square feet of land area for a multiple- family residence. B. Minimum lot frontage: 1. Single family dwellings: 40 Thirty (30) feet 2. Two-family dwellings: 60 Fifty (50) feet 3. Dwellings in excess of two units: Sixty (60) feet 4. Townhouses: Thirty (30) feet 5. All other uses: Sixty (60) feet. 6. For conditionally permitted uses and structures: sixty (60) feet for three or more family residences, boarding or lodging houses as measured at the front property line. C. Minimum yard setbacks: 1. Front yard: Fifteen (15) Twenty (20) feet measured from the front property line exclusive of unenclosed front porches used as such. 2. Rear yard: Twenty (20) feet for a main building measured from the rear property line; five feet measured from the rear property line for an accessory building; ten feet measured from the rear property line for detached garages opening to alley. a. Main building: Twenty (20) feet measured from the rear property line b. Accessory building: Five (5) feet measured from the rear property line c. Garages opening to alley: Ten (10) feet 3. Side yard: a. Five feet from property lines on each side. b. 0 feet for interior walls of townhouses c. Corner lots: Ten (10) feet measured from the property line adjacent to the non-primary street for the side yard facing the secondary street.

17.30.60 - Maximum height regulations. A. Main building Dwelling units: Three stories or forty-five (45) feet, whichever is less. B. Accessory buildings: Two stories or twenty-five (25) feet One and one-half stories or eighteen (18) feet, whichever is less. Chapter 17.32 - RESIDENTIAL HIGH DENSITY DISTRICT (RH) 17.32.010 - Intent. The residential high density district (RH) establishes zoning for multiple-family dwellings units of three or more living units. 17.32.020 - Uses allowed. F. All uses allowed in the RS district. G. All uses allowed in the RM district. H. Multiple-family dwellings, town homes, condominiums and apartments up to a maximum of twenty-eight (28) dwelling units per net acre. I. Accessory buildings and uses incidental to allowed uses. J. Accessory dwelling units 17.32.050 - Minimum area regulations. A. Minimum lot area: 1. One to two Single-family dwellings: Four thousand two hundred (4,200) 4,000 square feet 2. Two Three to Four family dwellings: Two thousand (2,000) 2,500 square feet per dwelling unit 3. Five to eight family dwelling units: One thousand two hundred (1,200) square feet per dwelling unit. 4. Multi-family dwellings in excess of four eight units: Ten thousand (10,000) square feet plus 1,400 square feet for each additional unit over four eight. 5. Townhouses: One thousand six hundred (1,600) square feet B. Minimum frontage: 1. One to two family Single-family dwellings: 30 feet 2. Townhouses: Twenty (20) feet 3. All other uses: Fifty (50) 60 feet C. Minimum yards: 1. Front yards: Fifteen (15) Twenty (20) feet measured from the front property line. 2. Rear yards: Twenty (20) feet measured from the rear property line for the main building; ten feet measured from the rear property line for an accessory building for a building over two stories, ten feet per additional story, measured from the rear property line for a main building. a. Main building: Twenty (20) feet measured from the rear property line b. Accessory building: Five (5) feet measured from the rear property line c. Garages opening to alley: Ten (10) feet 3. Side yard:

a. Five Ten feet measured from property line on each side, subject to the clear view triangle regulations. b. 0 feet for interior walls of townhouses c. Corner lots: Ten (10) Fifteen (15) feet for the side yard facing the secondary street. 17.32.060 - Maximum height regulations. A. Main building: Maximum height for a main building: Three stories or forty-five (45) feet, whichever is less. B. Maximum height for an accessory building Accessory buildings: Two stories or twenty-five (25) feet One and one-half stories or eighteen (18) feet, whichever is less. Chapter 17.64 - TRANSITIONAL NEIGHBORHOOD BUSINESS DISTRICT (B) 17.64.050 - Minimum area regulations. A. Minimum lot area: 1. Commercial uses: Three thousand five hundred (3,500) square feet. 2. Residential uses: Same as Residential High Density District B. Minimum frontage: 1. Commercial uses: Twenty-five (25) feet. 2. Residential uses: Same as Residential High Density District C. Minimum yards: 1. Commercial uses: a. Front yard: Fifteen (15) Twenty-five (25) feet measured from the front property line. b. Rear yard: None established. c. Side yards: None established. d. Corner lots: Ten (10) Twenty (20) feet for the side yard facing the secondary street. 2. Residential uses: Same as Residential High Density District D. Maximum lot coverage: 1. Commercial uses: Fifty (50) percent. 2. Residential uses: none 17.64.060 - Maximum height regulations. A. Main building: Maximum height shall be Three stories or forty-five (45) feet, whichever is less. B. Accessory buildings: Two stories or twenty-five (25) feet, whichever is less. Chapter 17.68 - LOCAL BUSINESS DISTRICT (B-1) 17.68.020 - Uses allowed. A. Non-residential Uses allowed in the B district, with the exception of RS, RM and RH. B. Retail stores and shops. C. Banks, credit unions and other financial institutions. D. Eating establishments, bakeries and catering establishments, except drive-thru's.

E. Arcades. F. Media offices and production facilities. G. Printing shops and photography shops. H. Taverns and cocktail lounges. I. Theaters, museums and libraries. J. Social, service and fraternal clubs. K. Medical and dental clinics. L. Indoor recreational and fitness facilities. M. Parks and open space. N. Professional and personal services. O. Dwellings in excess of five units. 17.68.030 - Uses not allowed. A. One to five family Dwellings other than listed except as provided in Section 17.68.040. B. Manufactured or mobile homes for any use. C. Use, overnight parking or storage of recreational vehicles or camper trailers. D. Industrial or manufacturing. E. Warehouse. F. Vehicle sales and related services. G. Vehicle Brokers H. All other uses not specifically set forth in Sections 17.68.020 and 17.68.040 of this chapter. 17.68.040 - Conditional uses and conditional use structures. The following conditional uses and conditional use structures must comply with the height regulations of Section 17.68.060 and with the regulations set forth in Chapter 17.124 (variances and conditional use permits), prior to the building permit being issued: A. Dwellings, provided they are located above the ground floor of the same building of the use allowed; B. Schools, nursery schools and day care centers; C. Mortuaries and crematoriums; D. Independent parking lot(s); E. Storage, provided that it is totally enclosed in the building; F. Casinos; G. Businesses wherein patronage and/or employment is limited to persons eighteen (18) years of age or older; H. Community centers; I. Libraries; J. Museums; K. Schools (public and private);

L. Playgrounds and recreational facilities. M. Wholesale; N. Manufacturing and production (less than five thousand (5,000) square feet or with light industrial); and O. Accessory buildings and uses incidental to the uses allowed. Chapter 17.74 – HIGHWAY RELATED BUSINESS DISTRICT (B-2) 17.74.020 - Uses allowed. A. Uses allowed in the B-1 district, with the exception of ground floor residential uses. B. Tourist information centers. C. Hotels and motels. D. Eating establishments, including drive-thru's. E. Casinos. F. Motor vehicle sales and related services. G. Service stations. H. Parking lots and public garages. I. Equipment and motor vehicle rental outlets. J. Recreational and fitness facilities. K. Mortuaries and crematoriums. L. Convenience stores, that include sale of motor vehicle fuels.

ORDINANCE NO. 418

AN ORDINANCE OF THE HAMILTON CITY COUNCIL AMENDING MULTIPLE SECTIONS OF TITLE 17 OF THE HAMILTON MUNICIPAL CODE PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS. MORE SPECIFICALLY REVISING SECTIONS 17.24.040, 17.24.050, 17.24.060, 17.30.010, 17.30.020, 17.30.040, 17.30.050, 17.30.060, 17.32.010, 17.32.020, 17.32.050, 17.32.060, 17.64.050, 17.64.060, 17.68.020, 17.68.030, AND 17.74.020.

WHEREAS, the City has amended Title 17 from time to time to respond to changes in state law, legal decisions, and community needs; and

WHEREAS, the Hamilton City Council conducted the required public hearings on the Title 17 amendments on February 2, 2021 and February 16, 2021; and

WHEREAS, the Hamilton City Council held a first reading of this Ordinance No. 418 on February 2, 2021 and the second reading of this Ordinance No. 418 on February 16, 2021; and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hamilton, Montana:

Section 1 That the following Sections of Chapter 17.24 (Single-Family Residential District (RS)), of the Hamilton Municipal Code be amended as follows: 17.24.040 - Conditional uses and conditional use structures. The following conditional uses and conditional use structures must comply with the maximum height regulations of Section 17.24.060 and the regulations set forth in Chapter 17.124. Approval of these conditional uses and conditional use permits must be obtained from the zoning board of adjustment prior to the building permit being issued. A. Two-family dwellings A. Within the original town site of Hamilton and later additions that were platted before 1957 as small urban lots of thirty by one hundred forty (30×140) feet and had densities of ten dwelling units per net acre the following uses may be allowed subject to the following conditions: 1. Single-family dwellings, accessory buildings and uses incidental thereto on existing lots with the area dimensions of: a. Minimum lot area: Four thousand two hundred (4,200) square feet. b. Minimum lot frontage: Thirty (30) feet as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Twenty (20) feet measured from the rear property line for a main building; five feet measured from the rear property line for an accessory buildings; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Three feet measured from property line on each side. d. Corner lots. Corner lots to be used for single-family dwellings on a lot with a minimum area of four thousand two hundred (4,200) square feet and with a minimum thirty (30) foot frontage or duplex dwellings on a lot with a minimum area of eight thousand four hundred (8,400) square feet and with a minimum sixty (60) foot frontage are required to satisfy the fifty (50) foot by twenty (20) foot clear view triangle requirements of First Street for both the primary and secondary street directions. 2. Duplex dwellings, accessory buildings and uses incidental thereto on those existing lots with the area of and dimensions as follows: a. Minimum lot area: Eight thousand four hundred (8,400) square feet. b. Minimum lot frontage: Sixty (60) feet as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Five feet measured from the rear property line for a main building; five feet measured from the rear property line for an accessory buildings; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Five feet measured from property line on each side. B. Churches; C. Community centers; D. Day care centers, preschool and nursery schools; E. Foster care and licensed family day care homes with six or less full time children; F. Community residential facilities and licensed group day care homes with twelve (12) or less full time children; G. Libraries, schools (public and private; and H. Parks, playgrounds and recreational facilities not for profit but ancillary to residential uses. 17.24.050 – Minimum area regulations. A. Minimum lot area: Seven thousand (7,000) square feet. Four thousand two hundred (4,200) square feet B. Minimum lot frontage: Thirty (30) Fifty (50) feet as measured at the front property line. C. Minimum yard setbacks: 1. Front yard: Fifteen (15) Twenty (20) feet measured from the front property line. 2. Rear yard: Twenty (20) feet measured from the rear property line for a main building; five feet measured from the rear property line for an accessory building; ten feet measured from the rear property line for detached garages opening to alley. a. Main building: Twenty (20) feet measured from the rear property line b. Accessory building: Five (5) feet measured from the rear property line c. Garages opening to alley: Ten (10) feet 3. Side yards: a. Five feet measured from the property line on each side. b. Corner lots side yard: Ten feet measured from the property line adjacent to the non-primary street. 17.24.060 - Maximum height regulations. A. Main building: Two and one-half stories or thirty-five (35) feet, whichever is less, excluding chimneys, which may extend five feet above the roofline. B. Accessory buildings: Two stories or twenty-five (25) feet One and one-half stories or eighteen (18) feet, whichever is less. C. Churches, when allowed by a conditional use permit: Forty-five (45) feet. Section 2 That the following Sections of Chapter 17.30 (Multiple-Family Residential District (RM)), of the Hamilton Municipal Code be amended as follows: 17.30.010 - Intent. The multiple-family residential district (RM) establishes zoning for one to four family dwelling units. duplexes. Multiple-family dwelling units of three or more dwelling units are allowed with an approved conditional use permit. 17.30.020 - Uses allowed. A. All uses allowed in the RS district. B. Two to four family dwelling units and townhomes. C. Townhouses D. Accessory buildings and uses incidental to the uses allowed in this district. E. Home occupations. See Chapter 17.108 of this title. F. Accessory dwelling units 17.30.040 - Conditional uses and conditional use structures. The following conditional uses and conditional use structures must comply with the height regulations of Section 17.30.060 and the regulations set forth in Chapter 17.124. Approval of these conditional uses and conditional use structures must be obtained from the zoning board of adjustment prior to the building permit being issued: A. Within the original town site of Hamilton and later additions that were platted before 1957 as small urban lots. 1. Single-family dwelling units, accessory buildings and uses incidental thereto on existing lots within the original town site of Hamilton and later additions platted before 1957 as small urban lots of thirty by one hundred forty (30 × 140) feet which had densities of ten dwelling units or less per net acre. The area and dimensions shall be as follows: a. Minimum lot area: Four thousand two hundred (4,200) square feet. b. Minimum lot frontage: Thirty (30) feet, as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Twenty (20) feet measured from the rear property line for the dwelling unit; five feet measured from the property line for an accessory buildings; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Three feet from property line on each side. 2. Duplex dwelling units, accessory buildings and uses incidental thereto on two or more of those existing lots with the area of and dimensions as follows: a. Minimum lot area: Eight thousand four hundred (8,400) square feet. b. Minimum lot frontage: Sixty (60) feet as measured at the front property line. c. Minimum yard setbacks: 1) Front yard: Twenty (20) feet measured from the front property line, exclusive of unenclosed front porches used as such. 2) Rear yard: Five feet measured from the rear property line for the dwelling unit; five feet measured from the rear yard property line for an accessory building; ten feet measured from the rear property line for detached garages with opening to alley. 3) Side yard: Five feet measured from property line on each side. B. Personal service facilities and food services, if located in the main building (club house) for approved multiple-family dwellings; C. Church steeples, ornamental towers, spires or monuments, if higher than forty-five (45) feet; D. Five to eight Multiple-family dwellings and apartment houses, when access is provided onto a collector or local street; E. Boarding and lodging houses; F. Churches; G. Community centers; and H. Libraries, museums, schools (public or private), parks, playgrounds or recreational facilities (not for profit). 17.30.050 - Minimum area regulations. A. Minimum lot area: 1. Single- family dwellings: 5,000 Four thousand two hundred (4,200) square feet 2. Dwellings in excess of one-unit Two-family dwellings: 8,400 Two thousand five hundred (2,500) square feet per dwelling unit 3. Townhouses: 5,000 Four thousand two hundred (4,200) square feet 4. All other uses: Eight thousand (8,000) square feet. 5. For conditionally permitted uses and structures: Ten thousand (10,000) square feet with a minimum of one thousand four hundred fifty (1,450) square feet of land area for a multiple- family residence. B. Minimum lot frontage: 1. Single family dwellings: 40 Thirty (30) feet 2. Two-family dwellings: 60 Fifty (50) feet 3. Dwellings in excess of two units: Sixty (60) feet 4. Townhouses: Thirty (30) feet 5. All other uses: Sixty (60) feet. 6. For conditionally permitted uses and structures: sixty (60) feet for three or more family residences, boarding or lodging houses as measured at the front property line. C. Minimum yard setbacks: 1. Front yard: Fifteen (15) Twenty (20) feet measured from the front property line exclusive of unenclosed front porches used as such. 2. Rear yard: Twenty (20) feet for a main building measured from the rear property line; five feet measured from the rear property line for an accessory building; ten feet measured from the rear property line for detached garages opening to alley. a. Main building: Twenty (20) feet measured from the rear property line b. Accessory building: Five (5) feet measured from the rear property line c. Garages opening to alley: Ten (10) feet

3. Side yard: a. Five feet from property lines on each side. b. 0 feet for interior walls of townhouses c. Corner lots: Ten (10) feet measured from the property line adjacent to the non-primary street for the side yard facing the secondary street. 17.30.060 - Maximum height regulations. A. Main building Dwelling units: Three stories or forty-five (45) feet, whichever is less. B. Accessory buildings: Two stories or twenty-five (25) feet One and one-half stories or eighteen (18) feet, whichever is less.

Section 3 That the following Sections of Chapter 17.32 (Residential High Density District (RH)), of the Hamilton Municipal Code be amended as follows: 17.32.010 - Intent. The residential high density district (RH) establishes zoning for multiple-family dwellings units of three or more living units. 17.32.020 - Uses allowed. F. All uses allowed in the RS district. G. All uses allowed in the RM district. H. Multiple-family dwellings, town homes, condominiums and apartments up to a maximum of twenty-eight (28) dwelling units per net acre. I. Accessory buildings and uses incidental to allowed uses. J. Accessory dwelling units 17.32.050 - Minimum area regulations. A. Minimum lot area: 1. One to two Single-family dwellings: Four thousand two hundred (4,200) 4,000 square feet 2. Two Three to Four family dwellings: Two thousand (2,000) 2,500 square feet per dwelling unit 3. Five to eight family dwelling units: One thousand two hundred (1,200) square feet per dwelling unit. 4. Multi-family dwellings in excess of four eight units: Ten thousand (10,000) square feet plus 1,400 square feet for each additional unit over four eight. 5. Townhouses: One thousand six hundred (1,600) square feet B. Minimum frontage: 1. One to two family Single-family dwellings: 30 feet 2. Townhouses: Twenty (20) feet 3. All other uses: Fifty (50) 60 feet C. Minimum yards: 1. Front yards: Fifteen (15) Twenty (20) feet measured from the front property line. 2. Rear yards: Twenty (20) feet measured from the rear property line for the main building; ten feet measured from the rear property line for an accessory building for a building over two stories, ten feet per additional story, measured from the rear property line for a main building. a. Main building: Twenty (20) feet measured from the rear property line b. Accessory building: Five (5) feet measured from the rear property line c. Garages opening to alley: Ten (10) feet 3. Side yard: a. Five Ten feet measured from property line on each side, subject to the clear view triangle regulations. b. 0 feet for interior walls of townhouses c. Corner lots: Ten (10) Fifteen (15) feet for the side yard facing the secondary street. 17.32.060 - Maximum height regulations. A. Main building: Maximum height for a main building: Three stories or forty-five (45) feet, whichever is less. B. Maximum height for an accessory building Accessory buildings: Two stories or twenty-five (25) feet One and one-half stories or eighteen (18) feet, whichever is less.

Section 4 That the following Sections of Chapter 17.64 (Transitional Neighborhood Business District (B)), of the Hamilton Municipal Code be amended as follows: 17.64.050 - Minimum area regulations. A. Minimum lot area: 1. Commercial uses: Three thousand five hundred (3,500) square feet. 2. Residential uses: Same as Residential High Density District B. Minimum frontage: 1. Commercial uses: Twenty-five (25) feet. 2. Residential uses: Same as Residential High Density District C. Minimum yards: 1. Commercial uses: a. Front yard: Fifteen (15) Twenty-five (25) feet measured from the front property line. b. Rear yard: None established. c. Side yards: None established. d. Corner lots: Ten (10) Twenty (20) feet for the side yard facing the secondary street. 2. Residential uses: Same as Residential High Density District D. Maximum lot coverage: 1. Commercial uses: Fifty (50) percent. 2. Residential uses: none 17.64.060 - Maximum height regulations. A. Main building: Maximum height shall be Three stories or forty-five (45) feet, whichever is less. B. Accessory buildings: Two stories or twenty-five (25) feet, whichever is less.

Section 5 That the following Sections of Chapter 17.68 (Local Business District (B-1)), of the Hamilton Municipal Code be amended as follows: 17.68.020 - Uses allowed. A. Non-residential Uses allowed in the B district, with the exception of RS, RM and RH. B. Retail stores and shops. C. Banks, credit unions and other financial institutions. D. Eating establishments, bakeries and catering establishments, except drive-thru's. E. Arcades. F. Media offices and production facilities. G. Printing shops and photography shops. H. Taverns and cocktail lounges. I. Theaters, museums and libraries. J. Social, service and fraternal clubs. K. Medical and dental clinics. L. Indoor recreational and fitness facilities. M. Parks and open space. N. Professional and personal services. O. Dwellings in excess of five units. 17.68.030 - Uses not allowed. A. One to five family Dwellings other than listed except as provided in Section 17.68.040. B. Manufactured or mobile homes for any use. C. Use, overnight parking or storage of recreational vehicles or camper trailers. D. Industrial or manufacturing. E. Warehouse. F. Vehicle sales and related services. G. Vehicle Brokers H. All other uses not specifically set forth in Sections 17.68.020 and 17.68.040 of this chapter. 17.68.040 - Conditional uses and conditional use structures. The following conditional uses and conditional use structures must comply with the height regulations of Section 17.68.060 and with the regulations set forth in Chapter 17.124 (variances and conditional use permits), prior to the building permit being issued: A. Dwellings, provided they are located above the ground floor of the same building of the use allowed; B. Schools, nursery schools and day care centers; C. Mortuaries and crematoriums; D. Independent parking lot(s); E. Storage, provided that it is totally enclosed in the building; F. Casinos; G. Businesses wherein patronage and/or employment is limited to persons eighteen (18) years of age or older; H. Community centers; I. Libraries; J. Museums; K. Schools (public and private); L. Playgrounds and recreational facilities. M. Wholesale; N. Manufacturing and production (less than five thousand (5,000) square feet or with light industrial); and O. Accessory buildings and uses incidental to the uses allowed.

Section 6

That the following Sections of Chapter 17.74 (Highway Related Business District (B-2)), of the Hamilton Municipal Code be amended as follows: 17.74.020 - Uses allowed. A. Uses allowed in the B-1 district, with the exception of ground floor dwellings. B. Tourist information centers. C. Hotels and motels. D. Eating establishments, including drive-thru's. E. Casinos. F. Motor vehicle sales and related services. G. Service stations. H. Parking lots and public garages. I. Equipment and motor vehicle rental outlets. J. Recreational and fitness facilities. K. Mortuaries and crematoriums. L. Convenience stores, that include sale of motor vehicle fuels.

BE IT FURTHER ORDAINED, by the City Council of the City of Hamilton, Montana, that this Ordinance No. 418 is passed, approved and adopted effective thirty (30) days following the second reading on February 16, 2021.

(SEAL) By:______Dominic Farrenkopf, Mayor

Attest:______Rose M. Allen, City Clerk

City of Hamilton Zoning 2021-03 Staff Report Zoning Ordinance Text Amendments for Zoning Commission Membership

Staff Report Date: January 7, 2021 Public Hearing Dates: Zoning Commission public hearing was on Monday, January 4, 2021. City Council public hearings are on Tuesday, February 2, 2021 and Tuesday, February 16, 2021. Staff recommendation Approve. Recommended Motion Recommended City Council Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the zoning commission, and all information presented, I hereby move to adopt the findings presented in the staff report for Zoning Request 2021-03 and approve the proposed City of Hamilton Zoning Ordinance Text Amendments. Alternatives 1. Approve with the recommended findings; 2. Approve with modifications to the findings; 3. Deny based on findings of non-compliance with the applicable criteria contained within the applicable law and regulation; or

4. Continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. Applicant City of Hamilton 223 South 2nd Street Hamilton, MT 59840 Project Summary Section 17.08.040 of the Hamilton Municipal Code (Zoning Commission – Establishment and Membership) requires that the City Zoning Commission be made up of seven members – two from the Planning Board, two from the Zoning Board of Adjustment, two at-large, and one from City Council. All members must live in Hamilton City limits. These are local requirements and are not dictated by state law. The proposed zoning ordinance text amendments would reduce the required number of Planning Board and Zoning Board of Adjustment members on the Zoning Commission from two each to one each. They will also change the requirement for two at large Hamilton City resident members to four. While it is beneficial to have representation from the Planning Board and Zoning Board of Adjustment, the current membership requirements put added burden on volunteer board members who may not intend or wish

to serve on multiple boards. As a result of these requirements, filling seats on the Zoning Commission has become a challenge as has getting quorum for meetings. This is a particular challenge for the two Planning Board seats because (due to state law requirements) three planning board members live outside the City and with one City Council planning board representative that leaves three planning board members to fill two Zoning Commission seats. The overall intent of these text amendments is to ensure the City of Hamilton has a full Zoning Commission so the City can more effectively move forward with City zoning business. Zoning Commission The Zoning Commission held a public hearing and considered this zoning text amendment at its January 4, 2021 meeting. The Zoning Commission passed a motion recommending these zoning text amendments for approval by the City Council on a unanimous, 5-0, vote. Zone Map Amendment Staff Analysis and Findings of Fact The following is an evaluation of the proposed zoning text amendments under the criteria outlined in 76- 2-304, M.C.A. (zoning criteria). In considering the criteria, the analysis must show that the zoning text amendments accomplish criteria 1-4. Criteria 5-10 must be considered. A favorable decision on the proposed application must find that the application meets all of criteria 1-4 and that the positive outcomes of the amendments outweigh negative outcomes for criteria 5-10.

1. Is the proposed zoning in accordance with the City of Hamilton Growth Policy? The proposed zoning text amendments will allow for the City to operate more effectively towards implementing the Growth Policy with there being greater likelihood of having a full Zoning Commission. These amendments support Growth Policy Local Services goal #4 to “Build community capacity through volunteerism, leadership development and leveraging of outside resources.” Criterion #1 Conclusion: The proposed zoning text amendments are in accordance with the City of Hamilton Growth Policy as they will allow the City to work more effectively towards Growth Policy implementation.

2. Is the proposed zoning designed to secure safety from fire and other dangers? The proposed zoning text amendments will make it easier to fill vacant Zoning Commission seats and therefore better equip the City to address zoning issues that related to securing safety from fire and other dangers. Criterion #2 Conclusion: Safety from fire and other dangers will be secured through more assurance that the City will have a full Zoning Commission able to address zoning matters related to safety and fire.

3. Is the proposed zoning designed to promote public health, public safety, and the general welfare? The proposed text amendments do not directly address public health and safety. However, a full Zoning Commission will better enable the City to address these issues.

Criterion #3 Conclusion: The proposed zoning text amendments will promote public health, public safety, and the general welfare by having a full and engaged Zoning Commission.

4. Is the proposed zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? As with criteria #2 and #3 the proposed zoning text amendments will make it easier to fill vacant Zoning Commission seats and therefore better equip the City to address issues around provision of local services. Criterion #4 Conclusion: The proposed zoning text amendments will facilitate the provision of local services by ensuring the City has a full Zoning Commission that is able to advise the Hamilton City Council on zoning matters pertaining to the provision of local services.

5. Does the proposed zoning provide reasonable provision of adequate light and air? The proposed zoning text amendments are administrative in nature and will not impact the provision of light and air. Criterion #5 Conclusion: The proposed zoning text amendments will not impact the provision of light and air.

6. How would the proposed zoning effect motorized and non-motorized transportation systems? The proposed zoning text amendments are administrative in nature and will not impact the motorized and non-motorized transportation systems. Criterion #6 Conclusion: The proposed zoning text amendments will not impact the motorized and non-motorized transportation systems

7. Does the proposed zoning promote compatible urban growth? The proposed zoning text amendments are administrative in nature and have minimal bearing on the promotion of compatible urban growth. Criterion #7 Conclusion: The proposed zoning text amendments will have minimal impact on the promotion of compatible urban growth.

8. Does the proposed zoning consider the character of the district, and its peculiar suitability for particular uses? The proposed zoning text amendments are administrative in nature and do not address the character of districts, and their peculiar suitability for particular uses. Criterion #8 Conclusion: The proposed zoning text amendments will not impact the character of districts, and their peculiar suitability for particular uses.

9. Does the proposed zoning conserve the value of buildings? The proposed zoning text amendments are administrative in nature and will not impact the value of buildings. Criterion #9 Conclusion: The proposed zoning text amendments will not impact the value of buildings.

10. Does the proposed zoning encourage the most appropriate use of the land throughout the jurisdictional area? The proposed zoning text amendments are administrative in nature and have minimal bearing on

encouraging the most appropriate use of land throughout the jurisdictional area. Criterion #10 Conclusion: The proposed zoning text amendments will have minimal impact on encouraging the most appropriate use of land throughout the jurisdictional area. Legal Notice Legal notice was published in the Ravalli Republic on Sunday, December 20, 2020 and Sunday, December 27, 2020. Legal notice for the City Council public hearings was published in the Ravalli Republic on Sunday, January 17, 2021 and Sunday, January 24, 2021. Public Comments As of January 25, 2021, the City of Hamilton Planning Department has received no public comments regarding the proposed text amendments. Attachments 1. Full text of proposed zoning text amendments.

Proposed Amendments to Title 17 of the Hamilton Municipal Code Amendments shown in underline strikethrough format

17.08.040 - Zoning commission—Establishment and membership—Responsibilities. A. Establishment and membership. The city council shall establish a zoning commission and shall appoint members to the commission. The membership of the zoning commission shall be composed of two one members of the Hamilton planning board, two one members of the Hamilton zoning board of adjustment, one member of the Hamilton city council and two four residents of the City of Hamilton at large. The two four at large members shall have a term of two years and all other designated members shall be appointed or reappointed at the first council meeting in January each year by the city council. All members of the zoning commission must reside within the city limits of Hamilton.

ORDINANCE NO. 419

AN ORDINANCE OF THE HAMILTON CITY COUNCIL AMENDING SECTION 17.08.040 OF TITLE 17 OF THE HAMILTON MUNICIPAL CODE PERTAINING TO MEMBERSHIP REQUIREMENTS FOR THE CITY OF HAMILTON ZONING COMMISSION.

WHEREAS, the City has amended Title 17 from time to time to respond to changes in state law, legal decisions, and community needs; and

WHEREAS, the Hamilton City Council conducted the required public hearings on the Title 17 amendments on February 2, 2021 and February 16, 2021; and

WHEREAS, the Hamilton City Council held a first reading of this Ordinance No. 419 on February 2, 2021 and the second reading of this Ordinance No. 419 on February 16, 2021; and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hamilton, Montana:

Section 1

That Section 17.08.040, Zoning commission—Establishment and membership—Responsibilities, of the Hamilton Municipal Code be amended as follows: A. Establishment and membership. The city council shall establish a zoning commission and shall appoint members to the commission. The membership of the zoning commission shall be composed of two one members of the Hamilton planning board, two one members of the Hamilton zoning board of adjustment, one member of the Hamilton city council and two four residents of the City of Hamilton at large. The two four at large members shall have a term of two years and all other designated members shall be appointed or reappointed at the first council meeting in January each year by the city council. All members of the zoning commission must reside within the city limits of Hamilton.

BE IT FURTHER ORDAINED, by the City Council of the City of Hamilton, Montana, that this Ordinance No. 419 is passed, approved and adopted effective thirty (30) days following the second reading on February 16, 2021.

(SEAL) By:______Dominic Farrenkopf, Mayor

Attest:______Rose M. Allen, City Clerk

CITY OF HAMILTON PROFESSIONAL SERVICES AGREEMENT

This Agreement is entered into by and between the City of Hamilton (“City”), and the “Consultant” identified as:

Consultant’s Name: Land Solutions, LLC Organization Type: Land use planning Principal Contact: Dave DeGrandpre Mailing Address: 36708 Leon Road, Charlo, MT 59824 Telephone Number: (406) 885-7526 E-mail Address of Principal Contact: [email protected]

1. DESCRIPTION OF PROJECT AND SCOPE OF WORK SEE ATTACHMENT A. 2. COMPENSATION City shall compensate Consultant $100 per hour for labor, $40 per hour for travel, and reimburse $0.57 per mile for travel. The amount paid to the Consultant for their services described in this Agreement shall not exceed $15,000. It is expressly understood and agreed that in no event will the total compensation to be paid under this Agreement exceed this sum without a written amendment to this Agreement signed by both parties. Upon verification of satisfactory completion of the work, Consultant will submit an invoice to the City which includes Consultant’s Tax Identification number on a W-9 form. Payment shall be made to Consultant within thirty (30) days of receipt of invoice. 3. TIME OF PERFORMANCE This agreement shall be effective starting February 17, 2021 through June 30, 2021. Time is of the essence in completing this Agreement. The time of performance may be extended only by written agreement signed by both parties. 4. CITY CONTACT The City contact for issues regarding this Agreement will be City Contact’s Name: Matthew Rohrbach City Department/Title: City Planner Telephone Number: (406) 363-6717 E-mail Address: [email protected]

5. INSURANCE. 5.1 Consultant shall have in effect workers’ compensation at statutory levels as required by law. 5.2 Consultant shall have in effect automobile liability insurance which includes coverage for Consultant’s owned, hired and non-owned vehicles. 5.3 Consultant shall have occurrence commercial general liability coverage (CGL) with minimum combined single limits of $1 million per occurrence. Upon request of the City, Consultant shall furnish the City with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement and which provide that such insurance may not be canceled, except on 30 days’ prior written notice to the City.

City of Hamilton Professional Services Agreement Page 1 of 4

6. COMPLIANCE WITH LAWS. Consultant is responsible for compliance with all applicable local, state, and federal laws. Consultant affirms that all personnel who will be performing services under this Agreement have reviewed the applicable grant conditions and requirements prior to signing this Agreement. 7. CONFIDENTIAL INFORMATION. Consultant agrees that any confidential information provided by the City or others in performance of this Agreement shall be protected from disclosure to others or from use for any purpose inconsistent with this Agreement without the prior written consent of the City and any individuals or organizations with privacy rights to that information. This provision shall survive termination of this Agreement for one (1) year from the effective date of this Agreement. 8. OWNERSHIP OF MATERIALS. All physical and digital materials produced pursuant to this Agreement, including but not limited to illustrations, data, and maps, shall be the property of City, and all copies of materials shall be provided to City upon request. Consultant shall have the right to use such materials in the course of marketing, professional presentations, and for other business purposes. 9. TERMINATION OF AGREEMENT. Either party may terminate this Agreement due to a material breach of this Agreement by providing the breaching party with written notice explaining the material breach and providing notice of the termination; provided, however, the breaching party shall have the lesser of thirty (30) days or the full term of the Agreement from the receipt of such notice to cure the material breach. The City may terminate this Agreement for any reason upon written notice to Consultant, including lack of availability of third-party funds. In the event this Agreement is terminated and the Consultant is not in breach of this Agreement, the City shall pay Consultant a pro rata amount of the payment set forth herein, as determined by that portion of work completed to City’s satisfaction as of the date of termination. In the event this Agreement is terminated and the Consultant is in breach of this Agreement, the City shall pay Consultant a pro rata amount of the payment set forth herein, as determined by that portion of work completed to City’s satisfaction as of the date of termination, minus any expenses and damages, if any, the City incurs. In the event this Agreement is terminated, Consultant shall surrender any and all materials produced under this Agreement to the City. Upon termination, the City may take over the work and may award another party a contract to complete the work under this Agreement. 10. CHANGES, ASSIGNMENT AND SUBCONTRACTORS. This Agreement may not be changed except by written agreement signed by both parties. No obligation or right hereunder may be assigned, transferred, subcontracted, or otherwise given to or imposed on any other party in the absence of mutual written agreement signed by both parties. 11. INDEMNIFICATION. Consultant shall defend, indemnify and hold harmless the City, its officers, employees and agents, from all claims, liabilities, causes of action or damages, including costs and attorney fees, asserted by or awarded to third parties as a result of any negligence, recklessness, or intentional misconduct of Consultant or Consultant’s officers, employees, agents, subcontractor, or assignees. This provision shall survive termination of this Agreement. 12. NONDISCRIMINATION. Consultant agrees that all hiring undertaken for the purposes of performing this Agreement shall be on the basis of merit and qualifications. In relation to any person performing this Agreement, Consultant may not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. (§49-3-207, Montana Code Annotated). 13. INDEPENDENT CONTRACTOR. This Agreement is not intended to create nor shall be construed to create any relationship between the parties or any of their respective employees other than that of independent entities contracting for the purpose of effecting provisions of this Agreement.

City of Hamilton Professional Services Agreement Page 2 of 4

Consultant is an independent contractor and shall act in an independent capacity and not as an officer, employee, or agent of City. Accordingly, Consultant shall be responsible for payment of all taxes, including Federal, State and local taxes arising out of performance of this Agreement, including by way of illustration but not limitation, Federal and State income tax, social security tax, unemployment insurance taxes, and any other taxes or business license fees as required. 14. AUDIT. City or any of its duly authorized representatives shall have access to any books, documents, papers, and records of Consultant which are pertinent to Consultant’s performance under this Agreement, for the purposes of making an audit or examination as required by law. Consultant shall maintain all records related to this Agreement in accordance with public record retention laws. 15. WAIVER AND SEVERABILITY. The failure to insist upon strict performance of any of the provisions contained herein shall not be deemed a waiver of any rights or remedies hereunder, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of this Agreement. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding upon the parties hereto. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties in respect to the transaction described herein and supersedes all prior agreements and understandings between the parties (whether written or oral) with respect to matters contemplated by this Agreement. 17. EFFECTIVE DATE. Unless specified in Attachment A, this Agreement will be effective on the date the last party signs below. 18. COUNTERPARTS. This Agreement may be executed in counterparts

CONSULTANT: CITY OF HAMILTON

By______By______Signature Mayor

______Date ______Printed Name

______ATTEST: Title ______Date ______CITY CLERK

City of Hamilton Professional Services Agreement Page 3 of 4

ATTACHMENT A DESCRIPTION OF PROJECT AND SCOPE OF WORK

The following is a generally anticipated scope of services to be performed by Land Solutions, LLC on behalf of the City of Hamilton, Montana. Issues may emerge during the development application review process that require additional or modified effort. Thus, a degree of flexibility to perform the required services is expected.

1. Review and research relevant policy and regulatory documents such as the growth policy, subdivision regulations, zoning ordinance, public works standards, and other pertinent information. 2. Meet with applicants, consultants, city officials, agency personnel, and others as necessary to review applications. Meetings will typically be held by video conference and telephone, but in- person meetings may occur from time to time depending on schedule and complexity of issues to be discussed. 3. Coordinate tasks, timelines, and deliverables and seek guidance on local issues from the City Planner. 4. Conduct development application reviews as stipulated in adopted policy and regulatory documents and according to customs of the City of Hamilton. Services may include pre- application reviews and meetings, site visits, element and sufficiency reviews, staff reports and recommendations, public notices, preparing and giving presentations at public meetings/hearings, facilitating board and council discussions, documenting discussions and decisions, and follow-up as necessary. Reviews will occur withing all established legal deadlines.

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DAVE DEGRANDPRE AICP | Community Planner

SUMMARY: Dave is considered an expert in Montana subdivision, zoning, and long-range planning practice. He has led teams of planning and development professionals for the past 23 years, including growth policy development and the review of controversial development projects. Dave is known for professionalism, teamwork, communication skills, and customer service.

EXPERIENCE

Land Solutions | Principal Planner | January 2005 – present Review complex, high profile zoning, subdivision, and annexation projects in communities across Montana Work with elected and appointed officials and the development community to meet common goals Create and update zoning and subdivision regulations, growth policies, and special district plans Design and carry out public engagement efforts including surveys, websites, newsletters, and virtual and in-person meetings Train planners and government officials in zoning, subdivision, and meeting facilitation Lake County, Montana | Senior Planner & Planning Director | January 1999 – December 2004 Reviewed hundreds of subdivision, zoning, floodplain, and lakeshore permit applications Supervised and coordinated the efforts of four staff members including three planners Worked effectively with developers, consultants, attorneys, and the public Updated the county growth policy, subdivision, and zoning regulations EDUCATION

University of Montana | Bachelor of Arts, Liberal Studies, Environmental Studies Emphasis | Dec. 1994 University of Montana | Currently enrolled in a Public Administration graduate certificate program RELEVANT PROJECTS

Development Review, City of Bozeman Land Use Planning Workshops & Training Since 2017, provide on-call review services including growth Provided training to eastern Montana planners and officials in policy and zoning amendments, conditional use permits, and subdivision, zoning, annexation, impact fees, board meetings, and annexations. Responsible for research, legal notices, staff long-range planning during the Bakken oil boom of 2011-2014. reports, and quality control.

Planning Services, Lewis & Clark County, MT Planning Services, Richland County, MT Since 2012, Land Solutions planners have reviewed more than 75 From 2013-2016, helped to develop a long-range plan for the Helena subdivision and exemption applications and including highly Valley, reviewed development applications, developed rural zoning, controversial workforce housing camps. Land Solutions currently planned for consolidation of numerous zoning districts, and other functions as Richland County’s planner. projects as requested.

AFFILIATIONS American Institute of Certified Planners, 2012 - Present Montana Association of Planners Board of Directors, 2011 – 2019. Currently a member.

[email protected] (406) 885-7526 landsolutionsmt.com JOEL NELSON Senior Community Planner

SUMMARY: Joel is a senior level community planner with 16 years of experience. He excels at reviewing development applications and creating land use plans and regulations tailored to community circumstances. Joel works with local governments, developers, and the public to develop successful projects and vibrant communities.

EXPERIENCE

Land Solutions | Community Planner | December 2013 – present Write long-range plans and regulatory documents for counties and municipalities GIS analysis and mapping for community planning functions Review complex development projects for growing communities Acquire entitlements including zone changes, conditional use permits, and subdivision approvals for private sector clients Coordinate development projects and teams to achieve client goals Lake County, Montana | Planner & Planning Director | June 2005 – December 2013 Reviewed hundreds of subdivision, zoning, floodplain, and lakeshore permit applications Supervised and coordinated the efforts of four staff members including three planners Worked effectively with developers, consultants, and the public Updated floodplain, zoning, and subdivision regulations and developed airport affected area regulations EDUCATION

University of Montana | Bachelor of Arts, Geography, with Honors | May 2004 RELEVANT PROJECTS

Zoning Ordinance, Fairview, MT Development Review, City of Bozeman Led a complete rewrite of the Town of Fairview’s municipal Since 2017, provide on-call review services including growth zoning ordinance and official zoning map, 2015 – 2016. policy and zoning amendments, conditional use permits, and annexations. Responsible for research, legal notices, staff Zoning Update, Williams County, ND reports, and quality control. Currently leading land use map and text amendments in conjunction with county planning and GIS offices . Planning Services, Richland County, MT Since 2012, Land Solutions planners have reviewed more than 75 Zoning Ordinance, Miles City, MT subdivision and exemption applications and including highly Completed comprehensive updates to the municipal zoning controversial workforce housing camps. Land Solutions currently ordinance and official zoning map in 2017, in response to the functions as Richland County’s planner. city’s new growth policy.

AFFILIATIONS Montana Association of Planners, 2005 – Present

[email protected] (406) 261-3021 landsolutionsmt.com

City of Hamilton Public Works 920 New York Ave Hamilton, Montana 59840

MEMORANDUM

To: Mayor and City Council From: Donny Ramer Date: February 16, 2021 Subject: SCADA Project – Nash Electric Contract

Public Works has been working with HDR and Nash Electric on the Supervisory Control and Data Acquisition (SCADA) Improvements for the City’s Water and Wastewater facilities since 2018. Implementation of upgrades at the WWTP has been substantially completed and we are ready to move into the implementation phase of the remote sites for water and wastewater.

These sites include:  RCEDA Sewer Lift Station  Well #1  SID 17 Sewer Lift Station  Well #2  Stonegate Sewer Lift Station  Well #6  Old Corvallis Road (GSK) Sewer Lift  Water Storage Tank Station  Weber Booster Station  Well Farm Booster Station

Implementation will consist of updating select hardware and radios at the above sites and well as providing battery backup for each facility’s control system. Equipment for this phase of the project has already been purchased by the City of Hamilton.

Under the last phase of the project Nash Electric was a subcontractor to HDR Engineering. To avoid contractor markup, HDR has allowed Nash Electric to contract directly with the City for this phase of the project. The total estimated cost for this portion of work is $43,731.50. This work is budgeted in the 2021‐2021 Water and Sewer Budget in Account 930.

Public Works requests that the City Council authorize the Mayor to sign the professional services agreement with Nash Electric for an amount not to exceed $43,731.50 for the installation of SCADA Improvements at the City of Hamilton water and wastewater system remote sites.

Sincerely,

Donald R. Ramer, PE, CFM Director of Public Works

Phone: 406-363-6717 or 406-363-3316 ꞏ Fax: 406-375-1470 website: www.cityofhamilton.net NASH ELECTRIC

1821 MUNGER RD CELL: 406‐439‐6274 EMAIL: [email protected] HELENA MT 59602

2/2/2020

Donny, Thank you for the opportunity. Nash Electric will commit to the work required to update the control systems for the following sites:

 RCEDA  SID 17  Stone Gate  Old Corvallis  Well Farm Booster Station  Well #1  Well #2  Well #6  Water Storage Tank  Weber Booster Station Please see task order and attached spreadsheet.

Thank you for this opportunity to present this proposed scope of services. If you have any questions, please do not hesitate to contact Jon Nash at [email protected] or 406.439.6274.

Sincerely,

Jon Nash

NASH ELECTRIC

1821 MUNGER RD CELL: 406‐439‐6274 EMAIL: [email protected] HELENA MT 59602

2/2/2020

This Task Order pertains to an Agreement by and between the City of Hamilton, (“OWNER”), and Nash Electric (“Contractor”), dated February __2___, 2021, (“the Agreement”). Contractor shall perform services on the project described below as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below.

TASK ORDER NUMBER: 1 PROJECT NAME: City of Hamilton SCADA Improvements

PART 1.0 PROJECT DESCRIPTION: City of Hamilton: SCADA Improvements PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY Contractor ON THE PROJECT: All wiring, material, and installation required to install new control systems at all of the City’s sites listed on previous page and attached spreadsheet, as well as verification at all sites for communications and functionality after install. Owner’s engineer (HDR Inc.) will be on site to assist Nash Electric for installation oversight and commissioning. PART 3.0 OWNER’S RESPONSIBILITIES: Public Works Director, Public Works Foreman, and/or operators to assist for projects as necessary.

PART 4.0 PERIODS OF SERVICE: From the time dated above until December 31, 2021, date to be extended by written agreement with City if necessary.

PART 5.0 CONTRACTOR’S FEE: Contractor shall bill Owner on a time and material basis for direct costs plus overhead and profit and direct expenses at a cost not to exceed $43,731.50. If estimated amount is to be exceeded Nash Electric will get authorization in writing by Owner.

PART 6.0 OTHER: This Task Order is executed this ______day of February 2021.

City of Hamilton Public Works Nash Electric “OWNER” “CONTRACTOR”

BY: BY:

NAME: NAME: Jon Nash

TITLE: TITLE: Electrician

ADDRESS: ADDRESS: 1821 Munger Rd Helena, MT 59602

Nash Electric Hamilton SCADA Water and Wastewater Remote Sites Proposal

Estimated at Estimated Wastewater Installation Hours HMI Checkout Hours Total Hours $125/hour Materials Site Total RCEDA 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 SID 17 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 Stone Gate 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 Old Corvallis 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 Estimated Wastewater Remote SCADA 76$ 9,500.00 $ 2,200.00 $ 11,700.00 Estimated at Estimated Water Installation Hours HMI Checkout Hours Total Hours $125/hour Materials Site Total Well Farm Booster Station 24 4 28$ 3,500.00 $ 550.00 $ 4,050.00 Well #1 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 Well #2 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 Well #6 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 Water Storage Tank 16 3 19$ 2,375.00 $ 550.00 $ 2,925.00 Weber Booster Station 24 4 28$ 3,500.00 $ 550.00 $ 4,050.00 Estimated Water Remote SCADA 132$ 16,500.00 $ 3,300.00 $ 19,800.00 Installation Hours HMI Checkout Hours Total Hours Labor Materials Project Totals 176 32 208$ 26,000.00 $ 5,500.00 $ 31,500.00

Documentation/Redlines/Troubleshooting 32 $ 4,000.00 $ 4,000.00 Travel Expenses($.57/mile, 325 Mile RT, 6 Trips @ 2.5 Hrs each direction) $ 4,861.50 $ 4,861.50 Motels approx 20 nights Budget $85 a night $ 1,870.00 $ 1,870.00 Misc. Expenses($150/Site) $ 1,500.00 $ 1,500.00

Total Nash Electric for remote water and wastewater sites $ 38,231.50 $ 5,500.00 $ 43,731.50

City of Hamilton Public Works 920 New York Ave Hamilton, Montana 59840

MEMORANDUM

To: Mayor and City Council From: Donny Ramer Date: February 16, 2021 Subject: WWTP – Screw Pump Replacement & NY Lift Station Upgrades

HDR has provided the attached proposal for engineering services related to replacement of the screw pumps at the wastewater treatment plant (WWTP) and design of upgrades to the New York Lift Station to move equipment above grade.

The screw pumps are used to lift raw sewage in the headworks of the wastewater treatment plant and have been in service since 1983 and are reaching the end of their service life. The New York lift station was installed in 1994 and its pumps are located in an underground vault. Parts for the current pumps are being discontinued and the City has purchased replacement pumps but would like to install them at grade, which will require a redesign of the pumping facilities and Department of Environmental Quality (DEQ) approval.

HDR’s scope of work covers design, DEQ approval, and bidding services for the two projects that will be bid under one set of construction documents. Bidding would be scheduled for late spring or early summer 2021. The estimated fee associated with HDR’s scope of work is $72,046. This work is budgeted in the 2020-2021 Wastewater Budget in Account 930.

Public Works requests that the City Council authorize the Mayor to sign the professional services agreement with HDR for an amount not to exceed $72,046 for design, DEQ approval and bidding of the above WWTP pumping improvements.

Sincerely,

Donald R. Ramer, PE, CFM Director of Public Works

Phone: 406-363-6717 or 406-363-3316 ꞏ Fax: 406-375-1470 website: www.cityofhamilton.net CITY OF HAMILTON PROFESSIONAL SERVICES AGREEMENT

This Agreement is entered into by and between the City of Hamilton (“City”) and HDR Engineering, Inc. (“Engineer”), identified as follows:

Engineer’s Name: HDR Engineering, Inc. Organization Type: Engineering Consultant Principal Contact: Dan Harmon Mailing Address: 700 SW Higgins Avenue, Suite 200, Missoula, MT 59803 Telephone Number: 406-532-2207 E-mail Address of Principal Contact: [email protected]

1. Purpose. The City desires to hire Engineer as an independent contractor for the Hamilton WWTP Pumping Improvements Project in return for the compensation stated. To this end, the parties mutually agree as follows:

2. Relationship of the Parties. City is a municipal corporation and a political subdivision of the State of Montana. Engineer is an engineering firm licensed in the State of Montana and incorporated in the State of Nebraska.

This Agreement is not intended to create nor shall be construed to create any relationship between the parties or any of their respective employees other than that of independent entities contracting for the purpose of effecting the provisions of this Agreement. Employees and agents of each party will not be deemed to be employees or agents of the other party.

Engineer acknowledges that all payments to Engineer under this Agreement are gross payments made to an independent contractor and Engineer is responsible for payment of all taxes arising out of performance of this Agreement, including but not limited to Federal and state income tax, social security tax, unemployment insurance tax, and any other taxes or business license fees required.

3. Scope of Work. Engineer shall provide the specific services, tasks, or work products shown on Attachment A, which lists the scope of services relating to this Agreement. By this reference, Attachment A is made a part of this Agreement.

4. Effective Date and Performance Schedule. Unless specified in Exhibit A, this Agreement will be effective on the date the last party signs below. The services to be provided under this Agreement shall be completed no later than July 1, 2021. Time is of the essence in completing this Agreement and the time of performance may be extended only by written agreement signed by both parties.

The City may request changes within the general scope of this Agreement by written change order and Engineer shall be entitled to a reasonable period of time to perform or provide said changes and an equitable adjustment to Engineer’s fee provided that City first

City of Hamilton Professional Services Agreement Page 1 of 5 has notice and agrees to the fee adjustment before the change order is implemented.

5. Compensation for Services. For the satisfactory completion of services to be performed under Exhibit A, the City will pay Engineer a sum not to exceed $72,046.

Monthly payment for services will be made by the City within 30 calendar days of receipt of Engineer’s invoice detailing actual work performed in accordance with this Agreement. It is expressly agreed that in no event will the total compensation to be paid under this Agreement exceed the Compensation identified above without a written amendment to this Agreement signed by both parties.

Invoices must be submitted to the Principal Contact for the City identified in this Agreement, with supporting documentation including a signed W-9 containing Engineer’s Tax Identification number.

6. Insurance and Workers’ Compensation. Engineer agrees to procure and maintain, at its expense: a. Workers' Compensation insurance in accordance with statutory levels as required by law. Engineer shall furnish City with a copy of either 1) a binder for workers’ compensation coverage; or 2) a valid Independent Contractor Exemption Certification from the Montana Department of Labor and Industry. b. Automobile Liability insurance for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; c. Commercial General Liability insurance with combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence and $2,000,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of the Engineer or its officers, agents, representatives, assigns, or subcontractors; and d. Professional Liability insurance with combined single limits for each wrongful act of $1,000,000 per claim and $2,000,000 aggregate per year to cover such claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which Engineer is legally liable.

The City, its officers, officials, employees, and volunteers are to be covered and listed as additional insured on Engineer’s insurance policies, except Worker’s Compensation and Professional Liability.

The policies shall provide waivers of subrogation, by endorsement or otherwise, effective as to the City.

Certificates of insurance verifying the above coverages will be furnished by Engineer to the Principal contact for the City prior to commencement of work on the Project. Such certificates shall provide that insurance may not be canceled, except on 30 days’ prior written notice to the City.

7. Records. Engineer shall maintain sufficient records to enable the City to document the performance of the Agreement. Engineer shall allow access to those records by the

City of Hamilton Professional Services Agreement Page 2 of 5

City’s Principal Contact, Financial Administrator, any independent auditor employed by the City, and/or representatives of the state or federal government. Records shall be retained for at least three (3) years after completion of this Agreement.

8. Principal Contact for the City. The City employee with whom the Engineer must communicate regarding this Agreement and who shall have the authority to confer with the Mayor to accept completion of performance and to submit requests for payment to the City Financial Administrator is:

Name: Donny Ramer Title: Director of Public Works Address: 920 New York Avenue Telephone Number: 406-363-6717 Email Address: [email protected]

9. Ownership and Publication of Materials. All reports, information, data, and other materials prepared by Engineer pursuant to this Agreement are the property of the City, which has exclusive and unrestricted authority to release, publish, or otherwise use, in whole or in part, the material. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. None of the documents are intended or represented to be suitable for reuse by City or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at City's sole risk and without liability to Engineer.

10. Public Access to Information. Engineer acknowledges that the City is a local government unit and its records are public and subject to disclosure under Montana law. Certain information may be protected from disclosure, including information concerning an individual privacy interest, legitimate trade secrets, other constitutionally protected proprietary information, and certain information relating to individual or public safety. The parties agree to confer prior to disclosure of any information relating to this Agreement and its performance which includes potentially protected information. Engineer agrees to protect any confidential information from disclosure to others or from use for any purpose inconsistent with this Agreement without the prior written consent of City.

11. Termination. This Agreement may be terminated by either party due to a material breach by providing the breaching party with written notice explaining the breach and providing notice of the termination; provided, however, the breaching party shall have the lesser of thirty (30) days from the receipt of such notice or the full term of the Agreement to cure the material breach. In the event of an uncured breach, the non- breaching party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive.

The City may terminate this Agreement upon written notice to Engineer at any time due to lack of availability of third-party funds.

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In the event this Agreement is terminated and the Engineer is not in breach, the City shall pay Engineer a pro rata amount of the compensation as determined by that portion of work completed to City’s reasonable satisfaction as of the date of termination. Payment of this amount shall be made by City within thirty (30) days of termination, minus expenses and damages the City incurred.

In the event this Agreement is terminated, Engineer shall surrender any and all materials produced under this Agreement to the City. Upon termination, the City may take over the work and may award another party a contract to complete the work under this Agreement.

12. Notice. Any written notice required by this Agreement shall be provided by hand- delivering or mailing, postage prepaid, to the parties at the addresses in this Agreement.

13. Compliance with Laws and Standard of Care. Engineer is responsible for compliance with all applicable local, state, and federal laws, rules, and regulations, including paying prevailing wages according to Attachment B, if attached to this Contract.

The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Agreement will be the care and skill ordinarily used by members of Engineer’s profession practicing under the same or similar circumstances at the same time and in the same locality.

14. Indemnification. Engineer shall defend, indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liabilities, causes of action or damages, including costs and attorney fees, asserted by or awarded to third parties to the extent caused by any negligence, recklessness, or intentional misconduct of Engineer or Engineer’s officers, employees, agents, subcontractors, or assignees. This provision shall survive termination of this Agreement.

15. Security Provisions. Bid security will be required as follows (if blank, no security required): ______Performance security will be required as follows (if blank, no security required): ______

16. Nondiscrimination. Engineer agrees that all hiring undertaken for the purposes of performing this Agreement shall be on the basis of merit and qualifications. In relation to any person performing this Agreement, Engineer may not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin.

17. Entire Agreement, Modifications and Non-Assignment. This Agreement contains the entire Agreement between the parties. All preliminary negotiations and agreements are merged herein.

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This Agreement cannot be changed or modified in any manner except by a written Agreement signed by both parties. No obligation or right hereunder may be assigned, transferred, subcontracted or otherwise given to or imposed on any other party without a written Agreement signed by both parties.

18. Place of Performance and Venue. Performance of this Agreement is in the City of Hamilton, Ravalli County, Montana. In the event of litigation, venue is in the Twenty- First Judicial District Court in Ravalli County, Montana. This Agreement will be construed under and governed by the laws of the State of Montana.

19. Waiver and Severability. The failure to insist upon strict performance of any of the provisions of this Agreement shall not be deemed a waiver of any rights or remedies, and shall not be deemed a waiver of any subsequent breach or default in the performance of this Agreement. If any part of this Agreement is held to be void, illegal or unenforceable, the validity of the remaining provisions will not be affected.

DATED this _____day of ______, 2021.

Engineer:

By ______Jared Harris, Vice President

CITY OF HAMILTON, Montana

By______Dominic Farrenkopf, Mayor

ATTEST: APPROVED AS TO FORM:

______By______Rose M. Allen, City Clerk City Attorney

City of Hamilton Professional Services Agreement Page 5 of 5

Attachment A –City of Hamilton Public Works Agreement Hamilton WWTP Pumping Improvements Scope of Work

City of Hamilton Professional Services Agreement

Exhibit A City of Hamilton WWTP Pumping Improvements Project Scope of Services

Project Summary:

The project scope is organized into four separate work tasks. The work tasks include:

• Task 100: Project Management • Task 200: Design • Task 300: Bidding Services • Task 400: Services During Construction (Future Task) • Task 500: Field Commissioning, and System Startup (Future Task) This project involves replacement of the New York Avenue Lift Station dry pit pumps with City supplied self-priming centrifugal pumps to be located in a new building enclosure; demolition/abandonment of the existing dry pit; demolition and replacement of the Influent Screw Pumps; associated SCADA system design and programming; services during construction (Future Task): and field commissioning and system startup (Future Task).

Task 100. Project Management

Objective: Manage and control the professional services contract to provide completion of the project. Prepare and implement a project management plan to meet City’s project needs.

Subtasks: 101 Coordination Meetings/Workshops. Conduct a project kickoff meeting with key City staff to establish project goals and objectives, review the project decision process, define anticipated work products, identify information needed to perform the work, refine the schedule, and establish points of contact and project communication. Conduct periodic meetings (usually monthly) with the City to review project progress, schedule and budget. Identify information needs and make decisions regarding any changes in the scope of the project, the design and the construction management efforts.

102 Management Plan. Develop a project management plan that includes: 1) project objectives and priorities; 2) roles of the City and HDR throughout the project; 3) contract work plan, including scope, schedule, budget, resource assignments, and coordination requirements; 4) quality assurance and quality control plan; 5) management tools and techniques; 6) reporting requirements; and 7) administrative procedures such as invoicing, communication protocol,

1 of 7 and formats.

103 Progress Reports. Provide periodic progress reports (with each monthly invoice) in letter format. The progress reports will summarize the work progress and budget expenditures to-date and identify any information requirements or decisions that need to be made.

Deliverables: • Management Plan • Meeting agendas/minutes • Monthly invoices and project reports

Task 200. Design

Objective: Prepare project construction documents for construction of the recommended project improvements. Prepare technical documents necessary for project implementation.

Subtasks:

201 Pumping Station Design. Prepare detailed plans and specifications for the recommended pumping station facilities including control system improvements and programming. All drawings will be prepared in digital format in AutoCAD. All specifications will be prepared using the Montana Public Works Standard Specifications, sixth Edition, with technical supplements using the HDR Master Specification format. A preliminary list of drawings and specifications are attached to this scope of work to better define the level of effort required.

The estimated probable construction costs for the project will be provided at 60% and 100% design points. Opinions of probable construction cost provided by the Consultant are made based on the information available to Consultant. The cost estimates are also made on the basis of Consultant’s experience and qualifications, and represent the Consultant’s judgment as an experienced and qualified professional engineer. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s’) methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Consultant prepares.

202 Permit/Regulatory Approval Assistance HDR will provide technical criteria, written descriptions and design data for use in obtaining approvals of government authorities that have jurisdiction to approve the design of the project.

As part of this task, Consultant will coordinate the project and project deliverables with MDEQ. Any variances required will be requested.

2 of 7 The City of Hamilton will directly pay for all review fees required by public agencies.

203 Design Documents. Provide camera-ready final plans and specifications for final MDEQ and City of Hamilton review and permitting. Assist the City in coordination of document printing and distribution. It is assumed that all design drawings will be provided to the City in half-size format.

204 Submittals and Document Finalization. Submit final documents to the City and Review Agencies. Address review comments and produce final documents for final project execution.

Deliverables: • Bid ready plans and specifications • Estimate of probable construction cost at 60% and 100% design points.

Task 300. Bidding Services

Objective: Provide bid period services assisting the City in administering the advertisement of and obtaining bids for the project.

301 Bid Advertisement HDR will assist the City in advertising for and obtaining bids for materials, equipment and services to be performed by a contractor for the construction contract.

The City of Hamilton shall directly pay the cost of advertisement and coordinate advertisement with the newspaper of record.

302 Addenda and Bid Assistance HDR Engineering shall receive and respond to contractor questions during the bid phase of the contract. HDR will assemble addenda as appropriate to interpret, clarify or expand the Contract Documents and provide the addenda to the City for distribution.

303 Pre-Bid Conference HDR will prepare an agenda and conduct a pre-bid conference to be attended by the City, interested Contractors, and HDR. The meeting will include a presentation given by the HDR Project Manager, and a tour of the work site.

304 Bid Opening, Tabulation and Contract Award HDR will attend the bid opening, prepare bid tabulation sheets, and assist the City in evaluating bids and awarding the construction contract.

Deliverables: • Addenda as required • Bid advertisement

3 of 7 • Pre-bid conference agenda/minutes • Bid tabulation and recommendation • Bid award and notice to proceed documents

Task 400. Construction Services (Future Task)

Objective: Assist the City in administering the construction of the project. Provide construction engineering and observation throughout the construction period and assist the City with project closeout.

Subtasks: 401 Construction Administration. During construction, provide general field observation of construction and contract administration. Provide review and comment on shop drawings, equipment diagrams, material data, material samples, test results and other data the contractor(s) submit. Review monthly progress payment requests, submit payment recommendations and prepare change orders. Conduct monthly construction meetings and conduct final inspection of project. Provide certification of construction completion in accordance with Montana DEQ requirements.

Consultant’s observation and monitoring portions of the work performed under construction contracts shall not relieve contractor from its responsibility for performing work in accordance with applicable contract documents. Consultant shall not control, have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Consultant shall not be responsible for the acts or omissions of the contractor or other parties on the project. Consultant shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of Consultant beyond those set forth in Consultant’s agreement with the City. City agrees to include Consultant as an indemnified party in City’s construction contracts for the work, which shall protect Consultant to the same degree as City. Further, City agrees that Consultant shall be listed as an additional insured under the construction contractor’s liability insurance policies.

402 Project Closeout/Certification. Provide the City with a list of observed construction deficiencies for the construction. Provide inspection of the correction of these deficiencies, review final payment applications and make recommendation to the City for final payments. Complete contract closeout paperwork and provide written one-year certification of project completion as required by the Montana Department of Environmental Quality.

403 As Recorded Drawings HDR will coordinate the preparation of final record drawings, which conform, to construction records. HDR will furnish the Construction Contractor with a half size copy of the project drawings for recording construction information. Progress payment processing will be predicated upon the status of the Contractor’s record 4 of 7 drawings. HDR will submit to the City the final approved product. HDR will provide the City with the record drawings on 11 IN x 17 IN reproducible sheets as well as one set of record drawings in electronic format in AutoCAD. These drawings will be based on construction records from the Contractor, resident project representative (if provided), and City.

Deliverables: • Daily field reports • Response to contractor’s questions • Shop drawing review • Review and recommendation on change orders

Task 500 - Field Commissioning and System Startup (Future Task)

501 Training and Startup Coordinate training of new equipment with manufacturers and the City. Work with staff to develop protocol for operation of equipment including normal operation and backup or alternative operations. Work with manufacturers and contractor to verify proper installation of new equipment. Coordinate startup of equipment with Contractor, manufacturer representative and the City. Verify new systems are functioning properly.

502 O&M Engineer will develop an Operations and Maintenance Manual Insert O&M for the Screw Pumps, New York Lift Station Pumps, and SCADA system to add to the existing plant O&M Manual.

Preliminary Drawing and Specification Lists

Preliminary Drawing List:

GENERAL

G-1 Title, Location and Vicinity Map, Drawing Index G-2 Standard Symbols and Abbreviations G-3 Legends and General Notes

PROCESS

P-1 New York Pump Station Demolition Plan and Sections P-2 New York Pump Station Plan, Sections and Details P-3 Headworks Demolition Plan and Sections P-4 Headworks Plan, Sections and Details

STRUCTURAL

S-1 New York Pump Station Structural Plans 5 of 7 S-2 New York Pump Station Structural Sections and Details

ELECTRICAL

E-1 Electrical Plans and Partial One – Line Diagram(s) E-2 Electrical Details E-3 Control Diagram and Electrical Details

Preliminary Specifications List:

DIVISION 0 and 1 – BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT

00 11 13 ADVERTISEMENT FOR BIDS 00 21 13 INSTRUCTION TO BIDDERS 00 41 13 BID FORM 00 52 13 AGREEMENT FORM 00 73 46 STATE OF MONTANA PREVAILING WAGE RATES – HEAVY

Montana Public Works Standard Specifications.

ADDITIONAL GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK 01 61 03 EQUIPMENT: BASIC REQUIREMENTS 01 61 05 MAJOR EQUIPMENT SUPPLIERS 01 64 00 OWNER-FURNISHED PRODUCTS

ADDITIONAL TECHNICAL SPECIFICATIONS:

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

07 21 00 BUILDING INSULATION 07 61 13 METAL ROOFING 07 62 00 FLASHING AND SHEET METAL

DIVISION 8 – DOORS AND WINDOWS

08 11 00 HOLLOW METAL DOORS AND FRAMES

DIVISION 9 – FINISHES

09 96 00 HIGH PERFORMANCE INDUSTRIAL COATINGS 09 96 53 CORROSION RESISTANT ELASTOMERIC LINING

DIVISION 22 – HEATING, VENTILATING AND AIR CONDITIONING

22 34 00 HVAC – FANS 22 80 00 HVAC – EQUIPMENT

DIVISION 26 – ELECTRICAL

26 05 00 ELECTRICAL: BASIC REQUIREMENTS 26 05 19 WIRING AND CABLE 6 of 7 26 05 33 RACEWAYS AND BOXES 26 05 43 ELECTRICAL: EXTERIOR UNDERGROUND 26 27 26 WIRING DEVICES

DIVISION 43 – EQUIPMENT

43 21 00 PUMPING EQUIPMENT: BASIC REQUIREMENTS 43 23 72 PUMPING EQUIPMENT: SCREW PUMP

DIVISION 40 – PROCESS INTERCONNECTIONS

40 05 00 PIPE AND PIPE FITTINGS: BASIC REQUIREMENTS 40 05 19 PIPE: DUCTILE 40 05 31 PIPE: PLASTIC 40 05 51 VALVES: BASIC REQUIREMENTS 40 05 61 GATE VALVES 40 05 62 PLUG VALVES 40 05 66 CHECK VALVES 40 61 13 INSTRUMENTATION FOR PROCESS CONTROL: BASIC REQUIREMENTS 40 61 96 CONTROL LOOP DESCRIPTIONS

7 of 7 Attachment B –City of Hamilton Public Works Agreement Hamilton WWTP Pumping Improvements Prevailing Wages

NOT ATTACHED

City of Hamilton Professional Services Agreement

Task500 Task400 Task300 Task200 Task100 Task 502 501 403 402 401 304 303 302 301 204 203 202 201 103 102 101 Operationand Maintenance Manual Update Trainingand Startup FieldCommissioning and System Startup(Future Task) Subtotal(including optional) Recorded As Drawings Closeout/Certification Project ConstructionAdministration ConstructionServices (Future Task) Subtotal(including optional) BidOpening, Tabulation andContract Award Pre-BidConference Addendaand Bid Assistance BidAdvertisement BiddingServices Subtotal(including optional) Submittalsand Document Finalization DesignDocuments Permit/RegulatoryApproval Assistance PumpingStation Design Design Subtotal(including optional) Reports Progress ManagementPlan CoordinationMeetings/Workshops ProjectManagement TaskDescription ...... Status PJM33

24 12 1 - Project 6 4 2 2 4 2 4 6 6 0 0 Principal General - Dan Harmon PJM15

61 34 12 10 19 12 2 - Project 8 4 2 2 8 4 1 6 0 0 Manager General - Craig Caprara ESA10-1 107 18 10 84 16 24 40

0 0 4 2 2 4 5 1 4 14 - EIT Sanitary - Mitch Bedford EEL10 30 30 16 12 0 2 0 0 0 4 - EIT Electrical - Kasey Leavall EEL20 16 20 5 - Engineer 0 8 8 4 4 0 0 Electrical - Trey Morris EST20 24 10 24 6 - Engineer 0 0 0 8 6 0 Structural - Chris Yarn EST30 7 - Engineer 4 0 0 0 4 4 0 Structural Sr - Tom Hamlin PJM01

12 12 12 8 - Project 0 0 0 0 Controller - Paden Kaufman

CME02 9 - 104 96 24 40 32

0 0 8 8 0 CADDTechnician Mechanical 2 - Sean Weigel

CME04 10 - 30 30 12 12

0 0 0 6 0 CADDTechnician Mechanical 4 - Heather Fancher QCR10 11 - Quality 8 0 0 0 8 8 0 Control Reviewer - Rickey Schultz FSG60

40 40 40 12 - Control 0 0 0 0 Systems Manager - Joseph Mullaney ADM02

36 28 24 13 - Admin Asst 0 0 8 8 4 0 Word Processor - Devie Bessette ESA10

0 0 0 0 0 0 3 - EIT Sanitary - Anders Nord NoHours ! NoHours ! NoHours ! NoHours ! NoHours ! HOURS TOTAL 500 406 158 168 48 12 28 70 10 46 24 20 0 0 6 2 2 LABOR COSTS $ $ $ $ $ $ $ ◄ ◄ $ ◄ ◄ ◄ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 71,096 55,444 19,910 24,724

6,803 2,545 1,273 2,765 8,809 2,001 8,849 3,940 4,545

220 364

------% of Hrs to % of Escalate HDR 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ % Esc.

------$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ESCALATION LABORINCL.

55,443.84 71,096 19,910 24,724

6,803 2,545 1,273 2,765 8,809 2,001 8,849 3,940 4,545

220 364

------SUBCONTRACTOR $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Other Direct Costs

------

$ $ $ $ $ $ $ $ $ $ $ $ EXPENSES $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

950 200 200 500 500 250 250

------$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTALCOST Total Budget

72,046 55,944 19,910 25,224

7,003 2,545 1,273 2,765 8,809 2,001 9,099 3,940 4,795 420 364

------North Hamilton Urban Renewal District Advisory Board Fiscal Year 2021-22 Work Plan Overview As authorized by Montana Code Annotated 7-15-4232 the Hamilton City Council appointed a North Hamilton Urban Renewal District (NHURD) Advisory Board. The NHURD Advisory Board serves in an advisory capacity to the Hamilton City Council. Final decisions regarding management of the NHURD, including approving projects for funding, rest solely with the Hamilton City Council. As outlined in the 2018 NHURD Plan, the NHURD Advisory Board has the following responsibilities:

1. Formulate and recommend a workable urban renewal program to City Council. 2. Prepare recommended modifications to urban renewal projects for Council review. 3. Prepare recommended plans for carrying out urban renewal programs or projects. 4. Perform such duties as directed by City Council. 2021-22 Workplan The NHURD is in its infancy, with the Advisory Board having begun meeting regularly in 2020. Over the course of 2020, the Advisory Board deliberated to create a workplan for City Council consideration. The workplan identifies the high-level tasks which will be the focus of the Advisory Board, and ultimately City Council, over the course of the 2021-22 fiscal year; July 1, 2021 – June 30, 2022. The Advisory Board’s focus in creating this work plan was to take an incremental approach in establishing a foundation for a robust and workable urban renewal program as outlined in the NHURD plan. These actions represent the first steps that need to be taken to outline how NHURD funding will be allocated and directed in way that meets state law requirements, aligns with City goals, and brings investment into the district. In outlining this workplan the Advisory Board focused on actions which are realistic and achievable. All the actions below will be brought before the Hamilton City Council for final approval.

1. Develop an application and corresponding process for requesting NHURD project funding. This action will create a clear and thorough application for requesting NHURD project funding.

2. Create criteria for evaluating applications for NHURD project funding. This action will create criteria for the Advisory Board and City Council to use in evaluating applications for NHURD funding. Evaluation criteria will be developed in alignment with state law, the NHURD plan, and City goals and policies.

3. Create a corridor plan for the Highway 93-Old Corvallis Road corridor. This action will include using NHURD funding to leverage grants to hire a consultant to develop a corridor plan for the area generally north of Fairgrounds Road and including Highway 93 and Old Corvallis Road. The plan will provide a guide for infrastructure development and alignment with future land uses in this area. The corridor plan will be developed subsequent to, and in conformance with, the City of Hamilton’s forthcoming Comprehensive Plan update.

4. Develop communications tools for the NHURD. This action will focus on developing clear and transparent tools for communicating 1.) what the NHURD is and the goals of the program, 2.) how funding can be and is being used, and 3.) how funding can be applied for. Communications products will be oriented and tailored to the general public, property owners in the NHURD, and prospective businesses looking to locate in the NHURD.

City of Hamilton

To: Hamilton City Council From: North Hamilton Urban Renewal District Advisory Board Date: February 12, 2021 Subject: Recommendation for NHURD Funding for Corridor Plan

Purpose The purpose of this memo is to outline a recommendation from the North Hamilton Urban Renewal District (NHURD) Advisory Board to the Hamilton City Council to commit $25,000 in NHURD funding to match a $25,000 Big Sky Economic Development Trust Fund (BSTF) grant. Recommendation The NHURD Advisory Board serves in an advisory capacity to the Hamilton City Council in implementing the City’s 2018 NHURD plan. The Advisory Board is made up of the following seven members appointed by City Council. • Julie Foster – RCEDA • Dan Wolsky – Corvallis Schools • Jenny West – Hamilton City Council • Donny Ramer – Hamilton Public • Jeff Burrows – County Commissioner Works • Drew Blakenbaker – Hamilton • Matthew Rohrbach –Hamilton Schools Planning

One of the responsibilities of the Advisory Board is to “Prepare recommended plans for carrying out urban renewal programs or projects” (NHURD Plan P. 16). In carrying out this responsibility the Advisory Board has been meeting over the last year to discuss implementing the NHURD plan. One priority project that has been identified is the creation of a corridor plan for the area generally north of Fairgrounds Road and including Highway 93 and Old Corvallis Road. The intent is for the plan to provide detailed analysis and guidance for infrastructure development and alignment with future land uses in this area. Ravalli County is also moving forward with applying for a BSTF grant for a corridor plan in the Old Corvallis Road-Eastside Highway corridor using Targeted Economic Development District (TEDD) funding. Private landowners in the TEDD are also considering applying for a BSTF grant. The intent is that if all grants are awarded then all planning efforts would be coordinated for the Highway 93-Old Corvallis Road-Eastside Highway Corridor. The corridor plan will be developed subsequent to, and in conformance with, the City of Hamilton’s forthcoming Comprehensive Plan update. The NHURD Advisory met on February 11, 2021 to discuss whether to forward this recommendation onto the Hamilton City Council. The Advisory Board voted 5 to 0 to recommend that the Hamilton City Council commit $25,000 in NHURD funding to match a $25,000 Big Sky Economic Development Trust Fund (BSTF) grant for a Highway 93-Old Corvallis Road Corridor Plan. The NHURD has $169,918 in operating cash as of February 2021.