HomeMy WebLinkAbout02-23-21 City Commission Meeting Agenda and Packet MaterialsA. Call to Order - 6:00 PM - WebEx Video Conference
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. Authorize Absence
E. Public Services Announcements
F. FYI
G. Commission Disclosures
H. Approval of Minutes
H.1 Approve the Regular Meeting Minutes from December 15, 2020, December 22, 2020,
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, February 23, 2021
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Bozeman City Commission Meeting Agenda, February 23, 2021
1
January 5, 2021, January 12, 2021, January 26, 2021, and User Access to Linked
Minutes(Maas)
I. Consent
I.1 Accounts Payable Claims Review and Approval (Yeykal)
I.2 Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program Contract Amendment for Gibson Brands, Inc. (Contract #
MT-BSTF-1-20-25A)(Fontenot)
I.3 Authorize the City Manager to Sign a Grant Agreement with Stonefly Capital, LLC for
Completion of the ELM Event Center(Fine)
I.4 Authorize the City Manager to Sign a Purchase Agreement with Modern Machinery for (1)
One Truck Mounted Asphalt Distributor(Van Delinder)
I.5 Authorize the City Manager to Sign a Professional Services Agreement with Rosie Barndt,
CPA for Payroll Related Consulting Services(Rosenberry)
I.6 Authorize the City Manager to Sign a Contract Agreement with Xylem Dewatering Solutions,
Inc. for Annual Preventative Maintenance on Flygt Pumps Located at Each of the City’s
Seven (7) Lift Stations(Alston)
I.7 Authorize the City Manager to Sign a Professional Services Agreement with Geographic
Technologies Group (GTG) to Conduct a GIS Data and Database Architecture and Data
Maintenance Health Check(Collins)
I.8 Authorize the City Manager to Sign a Professional Services Agreement with Respec
Company, LLC for Municipal Test Well Design, Aquifer Testing, and Preparation of
Groundwater Application for Beneficial Water Use Permit(Heaston)
I.9 Authorize the City Manager to Sign an Amendment One to the Professional Services
Agreement with Summit Utility Services for Locating Services(Alston)
I.10 Resolution 5262, Authorizing the Exploration, Development, and Build-Out of a Municipal
Groundwater Facility on City Property Located at the Bozeman Sports Park(Heaston)
I.11 Resolution 5263, Supporting an Application to the Big Sky Economic Development Trust
Fund Program Administered by the Montana Department of Commerce, on Behalf of the
Profitable Ideas Exchange (“PIEâ€)(Fontenot)
I.12 Ordinance 2067, Final Adoption Amending the Zoning Map to Establish 10.6154 Acres as
REMU, Residential Emphasis Mixed-Use, 8.18998 Acres as R-5, Residential Mixed Use High
Density, and 71.6945 Acres as B-2M, Community Business District- Mixed, Norton Ranch
2020 Zone Map Amendment, Application 20288(Saunders)
J. Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
Bozeman City Commission Meeting Agenda, February 23, 2021
2
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
K. Action Items
K.1 Resolution 5255, Creating a Special Improvement Lighting District 763 for Bridger View
Redevelopment P.U.D.(Donald)
K.2 The Nexus Point 2021 Zone Map Amendment Application to Change Approximately 6.99
Acres from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density), Application
20-389(Rogers)
K.3 Ordinance 2057, Provisional Adoption of Floodplain Regulations Text Amendment, to
Update the City of Bozeman Floodplain Regulations for Consistency with State and Federal
Minimum Requirements and Implement the New Federal Emergency Management Agency
Flood Insurance Study for Bozeman Creek and Tributaries, Application 20136(Saunders)
L. Work Session
L.1 Board Consolidation(Mihelich/Sullivan)
M. Other Agency Hearing
M.1 Public Hearing of Four (4) Community Housing Projects that are Applying for Real Property
Tax Exemption from Montana Board of Housing(Andreasen)
N. FYI / Discussion
O. Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
Bozeman City Commission Meeting Agenda, February 23, 2021
3
Memorandum
REPORT TO: City Commission
FROM: Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT: Approve the Regular Meeting Minutes from December 15, 2020, December
22, 2020, January 5, 2021, January 12, 2021, January 26, 2021, and User
Access to Linked Minutes
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Minutes
RECOMMENDATION: I move to approve the combined City Commission minutes from December
15, 2020, December 22, 2020, January 5, 2021, January 12, 2021, and
January 26, 2021 as submitted.
STRATEGIC PLAN: 1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements
included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
From August of 2013 through December 2020, the City Commission Minutes
have been linked with audio and video using AV Capture. In addition to the
City Commission, many Citizen Advisory Boards utilize the system as well.
Beginning December 14, 2020 the City Commission and many Citizen
Advisory Boards moved to our new Granicus Streaming Platform. Beginning
January 5, 2021 meetings in the Granicus platform have been closed
captioned. Those captions are searchable using the advanced search option
on our video view page.
https://www.bozeman.net/government/city-commission/city-commission-
video
Users are always welcome to contact the City Clerk’s Office at 582-2320 or
email agenda@bozeman.net for assistance.
4
To view the video and the minutes of December 15, 2020 that are
linked to the video please click here
To view the video and the minutes of December 22, 2020 that are
linked to the video please click here
To view the video and the minutes of January 5, 2021 that are linked
to the video please click here
To view the video and the minutes of January 12, 2021 that are linked
to the video please click here
To view the video and the minutes of January 26, 2021 that are linked
to the video please click here
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: None.
Attachments:
12-15-20 City Commission Meeting Minutes
12-22-20 City Commission Meeting Minutes
01-05-21 City Commission Meeting Minutes
01-12-21 City Commission Meeting Minutes
01-26-21 City Commission Meeting Minutes
Report compiled on: February 11, 2021
5
Bozeman City Commission Meeting Minutes, December 15, 2020
Page 1 of 13
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, December 15, 2020
00:05:34 Due to audio issues the meeting started at 6:14 PM.
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic
Absent: None
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A) 00:24:38 Call to Order - 6:00 PM - Webex Videoconference
B) 00:28:45 Pledge of Allegiance and a Moment of Silence
C) 00:29:03 Changes to the Agenda
Consent items 7 and 8 will need to have a separate vote as a result of a conflict of interest.
E) 00:30:15 FYI
DM Cunningham noted the first doses of the COVID-19 vaccine were received by Bozeman
Health.
Cr. Wallner asked for support to the City Manager to review the Citizen Advisory Boards for
recommendations in parallel with the Community Engagement Initiative.
CM Mihelich discussed the Bozeman Police Chief recruitment and the stakeholder engagement
process. He noted three Lucas Chest Compression devices are now available for the Fire
Department. He highlighted the Parks and Recreation Department's Santa Letter Tradition.
Cr. Madgic announced the Planning Board will meet on Monday, December 21, at 6 PM to hold
a brainstorming session on implementation of the Growth Policy.
F) 00:35:36 Commission Disclosures
DM Cunningham disclosed a conflict of interest related to consent items 7 and 8. He will be
recusing himself as his spouse serves on the Bozeman Library Foundation.
G) 00:36:46 Consent
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 2 of 13
G.1 Accounts Payable Claims Review and Approval
Cover Page
G.2 Authorize the Mayor to Sign the Norton Ranch Phase 5 Preliminary Plat Findings of Fact
and Order, Application 18278
Cover Page
18278 CC FOF.docx
Norton Ranch Phase 5 Preliminary Plat (2020.11.18).pdf
G.3 Authorize the City Manager to Sign a Public Utility and Access Easement and Agreement
and a Utility Easement with Glen Haven Properties, Inc. for Mountain Vista Housing
Complex Site Plan (19460)
Cover Page
Public Utility and Access Easement and Agreement
Utility Easement
G.4 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement
and Agreement with Last Best Properties, LLC for Southbridge Living Site Plan (20173)
Cover Page
Sewer and Water Pipeline and Access Easement and Agreement.pdf
G.5 Authorize the City Manager to Sign Grant Agreement with Bridger Ski Foundation for
Cash-in-Lieu of Parkland as Authorized by Resolution 5206
Cover Page
BSF cash-in-lieu grant agreement - 2020-12-03 FINAL.pdf
G.6 Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological
Survey for the Continued Operation of the Real-time Streamflow Gauging Station on the
East Gallatin River
Cover Page
CC Memo_2020 JFA 120320.docx
USGS Agreement.pdf
G.9 Authorize the City Manager to Sign Task Orders 11 and 12 with Sanderson Stewart for
the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project
Cover Page
20201023_Griffin Drive_TO11.pdf
20201104_Griffin Drive_TO12.pdf
G.10 Resolution 5243 Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu
of Parkland Calculations
Cover Page
Res 5243 - Determination of CILP valuation 2020.docx
Exhibit A-Cash in Lieu of Parkland Report (1).pdf
G.11 Ordinance 2066, Final Adoption of the 1811 W. Koch Street Zone Map Amendment to
Designate 0.69 Acres as R-O, Residential Office, Application 20102
Cover Page
20102 1811 W Koch ZMA ordinance 2066.docx
20-102 ZMA Exhibit -8.5x11.pdf
00:37:10 City Manager Introduction
CM Mihelich presented the highlights of the consent agenda.
00:37:36 Public Comment
There were no public comments on consent items.
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 3 of 13
00:41:51 Motion to approve Consent Items 1-6 and 9-11 as submitted.
Michael Wallner: Motion
Jennifer Madgic: 2nd
00:41:51 Vote on the Motion to approve Consent items 1-6 and 9-11 as submitted. The Motion passed 5
- 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
00:41:54 Consent II
G.7 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the
Amount of $174,785 from the Library Foundation for Phase 1 of the Bozeman Public
Library Expansion Project
Cover Page
Letter of Agreement for Bozeman Public Library Expansion Project
G.8 Authorize the City Manager to Sign a Professional Architectural Services Agreement with
MSR Design for Phase 1 of the Bozeman Public Library Expansion Project
Cover Page
Professional Architectural Services Agreement for Bozeman Public Library Expansion
Project
Scope of Services for Bozeman Public Library Expansion Project
Certificate of Insurance for Bozeman Public Library Expansion Project
00:42:23 Motion to approve Consent items 7 and 8 as submitted.
Michael Wallner: Motion
Jennifer Madgic: 2nd
00:42:31 Vote on the Motion to approve Consent items 7 and 8 as approved. The Motion passed 4 – 0.
Approve:
Cyndy Andrus
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
8
Bozeman City Commission Meeting Minutes, December 15, 2020
Page 4 of 13
None
H) 00:42:34 Public Comment
00:44:03 Mark Egge, Public Comment
Mark Egge commented on the Unified Development Code (UDC) Community Platform. He requested the
Commission direct staff to enact UDC edits that support the goal of affordable housing. He commented
on the need for a clear process how suggestions are selected.
00:46:27 Jerry Pape, Public Comment
Jerry Pape commented as a member of the Planning Board in agreement with the previous comments.
He commented on the need to create processes be defined how edits to the UDC are presented to the
City Commission. He commented about openings on the Planning Board. He commented about concerns
about the relaxation of restrictions due to COVID-19.
00:50:54 Sam Atkins, Public Comment
Sam Atkins commented on the UDC Community platform.
00:53:03 Kevin Thane, Public Comment
Kevin Thane commented on the UDC Community platform.
00:58:10 Laura Dornberger, Public Comment
Laura Dornberger commented on the UDC Community platform and the need for transparency in the
process of items coming before the City Commission.
I) 00:59:34 Action Items
I.1 00:59:46 Resolution 5226, to Discontinue, Abandon, and Vacate Street Rights-of-
way in Tract 1, Lots 1-3 of Gardner Simmental Plaza Subdivision, Located in Section 35,
Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana
Cover Page
Staff Report Res 5226.pdf
Resolution 5226.docx
Res 5226 Exhibit A.pdf
MDT Application.pdf
00:59:53 Staff Presentation
Engineer Kellen Gamradt presented the request by Montana Department of Transportation, the steps
outlined by Resolution 3628, the location of the right-of-way, the noticing of this item to adjacent
properties and in the Bozeman Daily Chronicle, a summary of the staff report, and staff's
recommendation.
01:05:12 Questions of staff
Cr. Pomeroy asked for clarification on the location of the right-of-way in question.
DM Cunningham asked why this abandonment was not part of the creation of the rest stop.
Mayor Andrus asked if this would or would not impact future development by the City.
01:09:44 Public Comment
Mayor Andrus opened this item for public comment.
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 5 of 13
01:10:29 Rob Pertzborn, Public Comment
Rob Pertzborn commented on access to an adjacent property from Valley Center Road.
01:14:16 Staff Clarification
CM Mihelich noted the time to review access issues is if or when the property redevelops.
01:15:32 Motion after incorporating the information in the staff report, oral findings made by the
commission during the public hearing, information contained in the proposed resolution, and after
considering public comment, I hereby move to adopt Resolution 5226 to vacate and abandon City rights-
of-way in Lots 1-3 of the Gardner-Simmental Plaza Subdivision.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
01:15:36 Discussion
Cr. Madgic noted the amount of work required by such a request and that the correct policy and
requirements of Montana Code were followed. She found no detriment to the public interest.
Cr. Pomeroy agreed with Cr. Madgic and CM Mihelich's suggestions. She highlighted this rights-of-way
does not provide access nor are there any other plans to utilize in the Transportation Master Plan.
DM Cunningham highlighted the requirements as outlined by Resolution 3628.
01:18:45 Vote on the Motion to approve After incorporating the information in the staff report, oral
findings made by the commission during the public hearing, information contained in the proposed
resolution, and after considering public comment, I hereby move to adopt Resolution 5226 to vacate and
abandon City rights-of-way in Lots 1-3 of the Gardner-Simmental Plaza Subdivision. The Motion passed 5
– 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.2 01:18:47 Continuation of a Public Hearing for Text Amendment Application 20195
Creating a New Type of Housing, Apartment Building, Limited, from December 15, 2020
to January 5, 2020
Cover Page
01:19:27 Staff Presentation
Community Development Manager Chris Saunders noted the process by which the request was made to
continue this item.
01:20:02 Public Comment
There were no public comments.
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 6 of 13
01:20:43 Staff Clarification
CA Sullivan noted that any comments made tonight would need to return to be considered part of the
public hearing.
01:23:04 Motion to continue public hearing to January 5, 2021.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
01:23:05 Vote on the Motion to continue public hearing to January 5, 2021. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.3 01:23:27 Ordinance 2061, Provisional Adoption to Revise Definitions and
References to Clarify a Consistent Meaning and Application of Front Setbacks in all
Zoning Districts. No Changes to Dimensional Standards are Included with this
Amendment. Revise Affected Sections to Implement the Revisions. Application 20147
Cover Page
20147 Ord 2061 Front Setbacks ZCA - CC report.docx
Ordinance 2061 - Definition of front setback Provisional Adoption - Revised 12-1-
2020.docx
20-147 Front Setback Public Comment 11-23-2020.pdf
01:23:33 Staff Presentation
Manager Saunders presented the selection criteria for text amendments, the changes in the Ordinance,
the MCA Zoning Criteria of Evaluation, a summary of public comments on this Ordinance, and the
recommendation of staff.
01:28:59 Questions of Staff
DM Cunningham asked about excluded language from the suggestion by public comment to the Zoning
Commission. He asked about issues submitted in written comments by Mr. Egge. He asked if the issues
raised have caused staff to consider delay on this Ordinance.
Cr. Wallner asked if staff could provide examples how these changes would impact their decision making
process. He asked how this proposed change impacts affordable housing in Bozeman. He asked how this
change impacts the process for citizens' applications. He asked the City Manager and Community
Development Director's opinions on the changes.
01:39:41 Public Comment
Mayor Andrus opened this item to public comment.
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 7 of 13
01:40:07 Mark Egge, Public Comment
Mark Egge commented his opinion that this item has been provided for review as a result of a
development application he has submitted. He referenced his written public comment and the effect on
corner lots.
01:41:57 Nicole Olmstead, Public Comment
Nicole Olmstead commented as a member of the Zoning Commission to commend staff for
incorporating the discussions of the Zoning Commission. She noted the Zoning Commission did not
receive the comments presented by Mr. Egge.
01:45:07 Jerry Pape, Public Comment
Jerry Pape commented on a historical example of corner lots. He commented on the role of design
standards. He commented that this needs to be reviewed as a taking by the City.
01:51:29 Clarification of Staff
01:52:08 Additional Questions of Staff
DM Cunningham noted the issues raised by corner lots resulting in two front yards and asked about
unintended consequences of this text amendment. He asked about engineering design standards review
and if that is the time to address the size of setbacks.
Mayor Andrus asked about the discussion of setbacks and if they are the result of any specific
application.
01:59:25 Motion having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 20147, Ordinance 2061 and move to provisionally adopt Ordinance 2061.
Terry Cunningham: Motion
Michael Wallner: 2nd
01:59:27 Discussion
DM Cunningham agreed with staff's findings on criteria E-K and B-D. He stated difficulty with criteria A
and this application's adherence with the Growth Policy.
Cr. Madgic stated this item is administrative in nature and her acceptance of staff's expertise in their
application of intended regulation in an attempt to provide clarity to the Bozeman Municipal Code
(BMC).
Cr. Pomeroy stated this item provides clarity in the BMC.
Mayor Andrus noted confusion surrounding setbacks during her tenure and this provides clarity. She
stated this is not a policy change and those discussions can be held in the future.
02:07:18 Vote on the Motion having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the staff report
for application 20147, Ordinance 2061 and move to provisionally adopt Ordinance 2061. The Motion
passed 5 – 0.
Approve:
Cyndy Andrus
12
Bozeman City Commission Meeting Minutes, December 15, 2020
Page 8 of 13
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:07:29 Recess
Mayor Andrus called the meeting into recess.
02:08:19 Call to Order
Mayor Andrus called the meeting back to order
I.4 02:08:15 Ordinance 2062, Provisional Adoption to Revise Language for Clarity and
Consistent Application of First Floor Required Height Standards in Five Mixed-Use and
Non-Residential Zoning Districts, and Revise Paragraph a.1 of Subchapter 4b of the
Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District. No Changes to Maximum Height Dimensional Standards are Included
with this Amendment. Revise Affected Sections to Implement the Revisions.
Cover Page
20147 Building Height amendments Ordinance 2062.pdf
20147 Ord 2062 Building Heights Part 1 ZCA - CC report.pdf
UDC Platform - Floor to Ceiling Height - 11.23.20 Comment - Susan Riggs.pdf
UDC Platform - Floor to Ceiling Height - 11.23.20 Comment - RJP.pdf
02:08:26 Staff Presentation
Planner Jacob Miller presented proposed Ordinance, its applicability, the proposed revisions, the MCA
Zoning Criteria of Evaluation, a summary of public comments, and recommendations.
02:13:59 Questions of Staff
Cr. Wallner asked for clarity on how this change would impact maximum height dimensional standards.
Cr. Madgic asked if the Zoning Commission addressed the floor-to-ceiling change to floor-to-floor
standard. She asked if there were additional areas in the UDC that would require changes to
accommodate such a change.
Cr. Pomeroy stated she is looking forward to discussions on building heights in April 2021.
DM Cunningham asked for staff's response to the public comment that affordable housing should be
exempt from this Ordinance. He asked if such an exemption is possible with tonight's Ordinance.
02:18:57 Clarification of Staff
CM Mihelich noted a Request for Proposal (RFP) for an outside review of the UDC with respect for
affordable housing is about to be released.
02:20:00 Questions of Staff Continued
DM Cunningham asked about the potential to pass the Ordinance with an exemption for the UMU.
Mayor Andrus asked about the impact of changing to the floor-to-floor standard. She asked about
combining notes by subject.
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 9 of 13
02:23:04 Public Comments
Mayor Andrus opened this item for public comment.
02:24:20 Jason Delmue, Public Comment
Jason Delmue commented on the change in applying these standards to apartment buildings as a
substantive change and not merely a house keeping item. He commented on the applicability of these
standards at the edge of the B-3 zone.
02:28:42 Jerry Pape, Public Comment
Jerry Pape commented in support of the previous commenter and the need to update the UDC.
02:32:53 Tracy Menuez, Public Comment
Tracy Menuez asked for permission to be allowed to comment on this item and the next due to audio
issues. She commented on the exemption of residential uses from Ordinance 2062. Concerning
Ordinance 2063, she commented this is a one-size fits all approach that may impact flexible design and
create a barrier to affordability.
02:37:11 Clarification of Staff
CM Mihelich stated agreement with Mr. Pape on the complicated nature of the UDC. He described two
RFP's aimed at amending the UDC for affordable housing and overall clarity.
02:38:27 Questions Continued
Cr. Wallner asked for clarification on the recommended motion.
Cr. Madgic asked about public comments requesting an exemption of apartments from this Ordinance.
She asked about the nature of the Ordinance as a housekeeping matter.
Cr. Pomeroy asked if issues raised in public comments will be reviewed during the April 2021 UDC
Amendments.
DM Cunningham if an amendment exempting residential ground floor uses in the UMU district would be
in conflict with the Growth Policy.
02:46:24 Motion having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 20147 and move to provisionally adopt Ordinance 2062.
Michael Wallner: Motion
Jennifer Madgic: 2nd
02:46:47 Discussion
Cr. Wallner provided findings in agreement with staff's findings.
02:48:10 Motion to amend the Ordinance to measure from floor-to-floor instead of floor-to-ceiling,
including staff's change of the distance from 13 feet to 15 feet.
Jennifer Madgic: Motion
Terry Cunningham: 2nd
02:48:51 Discussion on the Amendment
Cr. Madgic noted the floor-to-floor standard is more aligned with architectural standards.
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 10 of 13
DM Cunningham noted matching language used in the larger design community is beneficial.
Mayor Andrus will support as it will not have material impact or result in other changes to the code.
02:50:53 Vote on the Amendment the Ordinance to measure from floor-to-floor instead of floor-to-ceiling,
including staff's change of the distance from 13 feet to 15 feet. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:51:15 Clarification of Staff
CA Sullivan asked to clarify that the intent was not to amend the numerical standards.
02:52:22 Discussion Continued
DM Cunningham noted he was looking at residential exemptions in this Ordinance but understands in
conformance with the new Growth Policy that such requests need to be made by applicants. He stated
his hope to see the review for affordable housing to allow for such changes.
Mayor Andrus stated there is a need for work to be done to facilitate affordable housing and looks
forward to the RFP for third-party review.
02:56:34 Vote on the Original Motion having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 20147 and move to provisionally adopt Ordinance 2062. The Motion passed 5
– 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.5 02:56:47 Ordinance 2063, Provisional Adoption Amending Section 38.360.210 of
the Bozeman Municipal Code to Clarify that a Residential Front Door Must Face the
Street and Providing an Effective Date
Cover Page
Commission Staff Report for Application 20147 for Ord 2063 Entryway Face Street.docx
Ordinance 2063, Provisional Entryway facing street CC V2.docx
Public comment Riggs comment 11-23-202.pdf
15
Bozeman City Commission Meeting Minutes, December 15, 2020
Page 11 of 13
Public comment UDC Platform - Front Doors - 11.23.20 Comment - RJP e.pdf
02:57:07 Staff Presentation
Design Review Manager Brian Krueger provided a summary of the text amendment, the history of the
request for amendment, the changes in the Ordinance, examples of design and neighborhood character
in the City, why the standard exists, alternative designs available via departure, the MCA Zoning Criteria,
a summary of public comments, and recommendations.
03:06:14 Questions of Staff
Cr. Madgic provided specific examples in Bozeman and asked whether they would comply with the
amendment in the Ordinance. She highlighted the Growth Policy's encouragement of missing middle
housing and how cottage housing approaches would comply with this Ordinance. She asked if the goal is
to eliminate particular types of housing dominated by garages.
Cr. Pomeroy asked if there are buildings with doors not facing the street.
DM Cunningham asked how long the administrative policy has been in effect requiring front entrances
face the street. He asked about the desire for privacy as related to doors facing the street. He asked
about written comments submitted by Mr. Pertzborn that clearly indicated entrances to a building are
without a door facing the street. He asked for clarity on the available departure. He asked about the role
of flexibility in housing.
Cr. Wallner asked how this proposed change impacts affordable housing in Bozeman. He asked how the
proposed change impacts the process for applicants. He asked the opinion of the City Manager and the
Community Development Director on the Ordinance.
03:40:15 Public Comment
Mayor Andrus opened this item for public comment.
03:42:18 Susan Riggs, Public Comment
Susan Riggs commented about the definition fronting on to a street and how that applies to basement
apartments, duplexes, triplexes, and four-plexes. She noted the concept of hidden density. She asked
about the possibility of language that would allow alternatives without having to go through the
departure process.
03:43:52 Jerry Pape, Public Comment
Jerry Pape commented that the City Commission is being misled and challenged the eyes on the street
agenda effect on safety. He commented this is a class issue removing privacy of residents. He
commented on public safety access and package delivery.
03:47:52 Christopher Scott, Public Comment
Christopher Scott, acting Chair of the Zoning Commission, commented on the effect of weather on north
facing required entries. He commented that this standard goes too far.
03:50:01 Mark Egge, Public Comment
Mark Egge commented on walkability and that flexibility provides affordability. He commented on
flexibility by right, not exception. He commented on prioritizing updates for affordable housing.
03:52:15 Meeting extended
Mayor Andrus extended the meeting to 10:05 PM.
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 12 of 13
03:53:17 Nicole Olmstead, Public Comment
Ms. Olmstead, a member of the Zoning Commission, commented on whether this type of restriction is
appropriate to be considered in the UDC.
03:55:00 Motion having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 20147 and move to recommend approval of Ordinance 2063.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
03:55:26 Discussion
Cr. Madgic noted the need for clarity in the UDC, community character, good neighborhoods, variety of
housing types, and integrated housing. She stated they should not be supporting subdivisions that are a
sea of single family homes. She noted she would rather have a variety of home types and that is how
historical districts look. She commended the concept of hidden density.
04:00:12 Meeting Extended
Mayor Andrus extended the meeting to 10:15 PM.
04:00:14 Discussion Continued
Cr. Pomeroy agreed with Cr. Madgic on housing affordability. She stated she would not support the
motion as it limits flexibility.
DM Cunningham made the finding that the Ordinance does not demonstrate accordance with the
growth policy.
Cr. Wallner agreed with Mr. Egge's comments on flexibility supports affordability. He stated making all
front entrances face the street is not in the best interest of the community. He stated the need to
minimize cumbersome processes.
Mayor Andrus stated her primary concern for this matter was safety related. As a result of public
comment, she agreed there are other ways to indicate where the front entrance is. She stated she is
convinced that this regulation is too prescriptive.
04:09:46 Vote on the Motion to free form having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 20147 and move to recommend approval of Ordinance 2063. The Motion failed
0 – 5.
Approve:
None
Disapprove:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
J) 04:09:53 FYI / Discussion
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Bozeman City Commission Meeting Minutes, December 15, 2020
Page 13 of 13
Cr. Wallner asked if he had support from two Commissioners for review of the Advisory Boards.
Cr. Madgic stated support.
Cr. Pomeroy stated support.
DM Cunningham stated issue with the timeframe.
Mayor Andrus stated she support the idea but not the timeframe.
CM Mihelich stated he would add this to the work program for 2021.
K) 04:12:57 Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: February 23, 2021
18
Bozeman City Commission Meeting Minutes, December 22, 2020
Page 1 of 13
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, December 22, 2020
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic
Absent: None
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A) 00:15:22 Call to Order - 6:00 PM - Webex Videoconference
B) 00:19:17 Pledge of Allegiance and a Moment of Silence
C) 00:19:55 Changes to the Agenda
There were no changes to the agenda.
D) 00:20:02 FYI
Cr. Wallner shared an update from the Task Force to Advance the Status and Safety of All
Women and Girls, on members Jan Strout and LeiAnna Bertleson participation in the Chief of
Police hiring process, and Ms. Bertleson's role in the appointment of a new member to the
Police Commission.
DM Cunningham noted the change of Editor at the Bozeman Daily Chronicle. He identified our
local newspaper as the eyes and ears for the community.
CM Mihelich acknowledged Sgt. Jason LaCross's retirement after 25 years with the Bozeman
Police Department. He highlighted the Request for Proposals for the Affordable Housing
Ordinance and an analysis of the Unified Development Code. He stated that the fall
cleanup effort picked up 1.1 million pounds of leaves. He noted the equity and inclusivity gaps
analysis RFP is in the selection phase between two submitting firms.
E) 00:25:47 Commission Disclosures
There were no disclosures.
F) 00:25:54 Consent
F.1 Accounts Payable Claims Review and Approval
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 2 of 13
Cover Page
F.2 Authorize the City Manager to Sign a Public Street and Utility Easement with Major
Brands Distributing Company, Inc. for the Cottonwood Subdivision Project (20186)
Cover Page
Public Street and Utility Easement
F.3 Authorize the City Manager to Sign a Temporary Storm Drain Easement, a Storm Drain
Easement, a Water Pipeline and Public Access Easement and Agreement, a Sewer and
Water Pipeline and Access Easement and Agreement, a Private Utility Easement, a
Utility Easement, a Public Street and Utility Easement, a Public Street Easement, and a
Public Access Easement with Billings Clinic for the Billings Clinic Master Site Plan Project
(20216)
Cover Page
Temporary Storm Drain Easement
Storm Drain Easement
Water Pipeline and Public Access Easement and Agreement
Sewer and Water Pipeline and Access Easement and Agreement
Private Utility Easement
Utility Easement
Public Street and Utility Easement
Public Street Easement
Public Access Easement
F.4 Authorize the City Manager to Sign an Agreement with BMB Emergency Medicine LLC
for Medical Direction of Fire Department Emergency Medical Service (EMS) Operations
Cover Page
BFD Medical Direction Contract.pdf
BFD Exhibit A.pdf
F.5 Authorize City Manager to Sign Professional Service Agreement with Public Sector
Personnel Consultants for Compensation Benchmark Study
Cover Page
PSPC Contract 12 2020.docx
PSPC Contract Scope of Work Exhibit A.doc
F.6 Approve Professional Services Agreement with VertiGIS to Update a GIS-Based Capital
Project Planning Application and Workflow for Public Works.
Cover Page
Professional Services Agreement - VertiGIS
Exhibit A - VertiGIS Capital Project Planning App Development Proposal
F.7 Authorize the City Manager to Sign Professional Services Agreement with Sanderson
Stewart for Landscape and Civil Engineering Design at Westlake Park
Cover Page
PSA.Sanderson Stewart.2020WestlakeCILP.docx
PSA.Sanderson Stewart.2020WestlakeCILP-AttachmentA.docx.pdf
F.8 Authorize the City Manager to Sign the Professional Service Agreement with the
Morrison-Maierle / DOWL Engineering Team for the Design Standards Update
Cover Page
Professional Services Agreement with Attachments
F.9 Authorize the City Manager to Sign Amendment 1 to the Granicus Service Agreement
with Granicus, LLC for $26,000 to Provide Close Captioning Services for 200 Hours of City
Meetings
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 3 of 13
Cover Page
Granicus Close Captioning Quote Final Bozeman MT 12.14.2020.pdf
F.10 Resolution 5223, a Resolution of Intent of the Bozeman City Commission to Change the
Street Name of Dead Mans Gulch to Cattail Street
Cover Page
Staff Report - Dead Mans Gulch Name Change
Resolution 5223 intent - Dead Mans Gulch to Cattail Street
Map of Proposed Change
Notice of Intent
Owner Excel Spreadsheet
F.11 Resolution 5241, a Resolution of Intent of the Bozeman City Commission to Change the
Street Name of Campus Boulevard to Stucky Road
Cover Page
Staff Report - Campus Blvd Name Change
Resolution 5241 - Intent Campus Blvd to Stucky Rd
Map Exhibit of Campus Blvd to Stucky Rd
Notice of Intent
Owner Excel Spreadsheet-Campus Blvd to Stucky Rd
F.12 Resolution 5244, Confirming the Appointment of Police Officer in Accordance with
Montana Code Annotated 7-32-4108 and 7-32-4113
Cover Page
Commission Resolution 5244.docx
F.13 Resolution 5245 Correcting a Scrivener's Error in Table 4 of the Bozeman Community
Plan 2020
Cover Page
Resolution 5245 Correct Errata in GP 12-22-2020.docx
Resolution 5245 - Zoning & Land Use Table 4.pdf
F.14 Resolution 5246, Certification of Delinquent City Assessments to the County
Resolution 5246-Certification of Delinquent 1st half-FY 2021.docx
Schedule A 121020.pdf
Cover Page
00:26:03 City Manager Introduction
CM Mihelich provided the highlights of the consent agenda.
00:28:36 Public Comment
There were no public comments on consent items..
00:32:39 Motion to approve Consent Items 1-14 as submitted.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
00:32:39 Vote on the Motion to approve Consent Items 1-14 as submitted. The Motion passed 5 - 0
Approve:
Cyndy Andrus
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 4 of 13
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
G) 00:32:55 Public Comment
Mayor Andrus opened general public comment.
00:35:04 Jerry Pape, Public Comment
Jerry Pape, Planning Board member speaking on his own behalf, commented on the changes
forthcoming in Helena related to restrictions and that there is a need for local strategizing for
protections for Covid-19. He commented on the need for varied emergency response vehicles to
maintain service levels in areas of denser development.
00:37:32 Sunshine Ross, Public Comment
Sunshine Ross commented in opposition to the Kagy Blvd expansion project and to view multimodal
transit options. She commented on the need to focus on multimodal transit solutions.
00:38:39 Marilee Brown, Public Comment
Marilee Brown, from Safer Bozeman, commented on the anniversary of the death of, Alexa Dzintars, a
bicyclist killed by a drunk driver on 19th Ave. She asked everyone to not drink and drive.
00:40:12 Reuben Travis, Public Comment
Reuben Travis commented on his son being hit by a car in a crosswalk at Main St. and Willson Ave. He
commented on behalf of pedestrian safety and the need to invest in infrastructure. He commented
on the lack of parking with some new developments in the Downtown and Midtown Districts creating
pedestrians.
00:42:46 Mark Egge, Public Comment
Mark Egge, Parking Commission and Planning Board member, speaking on his own behalf commented
on the Capital Improvements Plan (CIP). He supported on the $500,000 increase in funding for bicycle
and pedestrian improvements. Second, he reiterated his request to revisit the scope of the Kagy Blvd.
project. He requested a pause on the project for one year, directing staff to engage the public. Finally,
he commented on the desire to see more transparency in the budget.
00:45:54 Kirsa Shelkey, Public Comment
Kirsa Shelkey, Zoning Commission member, speaking on her own behalf commented her support for
adoption of the 2020 Bozeman Climate Plan. She echoed Mr. Egge's support for funding of biking and
pedestrian projects. She commented in opposition to the Kagy Blvd.
00:49:20 Cathy Costakis, Public Comment
Cathy Costakis, Planning Board member, commented as a public health practitioner in opposition to the
Kagy Blvd. project. She commented on the need to focus on the demand side of traffic issues to solve
transportation issues.
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 5 of 13
00:52:17 Allen May, Public Comment
Allen May spoke in opposition to the Kagy Blvd. expansion project. He commented on the process
previously conducted on the project. He commented on the project's effect severing South Bozeman
neighborhoods from MSU Campus or Downtown Bozeman.
00:55:46 Randy Carpenter, Public Comment
Randy Carpenter commented in his personal capacity urging the Commission to reassess the design for
the Kagy Blvd. project. He commented on consideration of induced demand by increasing supply side
approaches. He disagreed with staff's point that this project is a 20-year design.
00:59:43 Kathy Powell, Public Comment
Kathy Powell commented on the Kagy Blvd. expansion project. She commented on the MDT planning
sessions and the MSU transportation plan's recommendation on the project. She commented on
transportation related emissions.
01:03:08 David Kack, Public Comment
David Kack commented on his personal behalf in opposition to the Kagy Blvd expansion project. He
commented on induced demand. He commented on the past process for the project.
H) 01:07:22 Action Items
H.1 01:07:28 Resolution 5207, Adoption of the Capital Improvement Plan (CIP) for
Fiscal Years 2022-2026
Cover Page
Resolution - 5207 CIP FY22 - FY26.docx
Bike and Ped Memo.pdf
01:07:33 Staff Presentation
CM Mihelich presented the CIP Process, the Strategic Plan, and the background on the CIP. Finance
Director Kristin Donald presented the funds included in the CIP, the scheduled projects, and
unscheduled projects. She presented the bike and pedestrian analysis, recent additions via street
projects, a map of the projects, recent additions of trails and multi-use path projects, projects in the
current CIP, a map of the proposed projects, trails and multi-use paths through additional funding
sources, and additional funding options for additional projects. She presented the staff
recommendation.
01:27:32 Questions of Staff
DM Cunningham asked how Transportation Master Plan stand-alone projects compete with equal
footing with other CIP projects. He asked for clarification on where the funds come from for projects like
the Kagy Blvd expansion and limitations on what those funds can be spent on. He asked about becoming
an entitlement City upon a Census count of over 50,000 people and the requirement for a metropolitan
planning organization. He asked about a potential bond initiative to fund CIP projects and the possibility
of a dedicated funding source for affordable housing.
Cr. Wallner asked for an explanation of the process for procedures, policies, and training related to
body-worn cameras for the Bozeman Police Department (BPD). He asked a follow-up related to
balancing the use of body-worn cameras. He asked how to increase funding for fiber-optic and whether
it should wait for the completion of the master plan. He asked for an elaboration and explanation of the
Kagy Blvd project.
Cr. Madgic asked about potential additional process related to the Kagy Blvd project.
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 6 of 13
Cr. Pomeroy asked for clarification on role of MDT with Kagy Blvd and the funding provided for the
project. She asked about the scope and costs related to the fiber-optic master plan.
Mayor Andrus asked about additional new information on the Kagy Blvd project, in addition to
information related to past processes. She asked about the timetable for design work related to the
project. She asked about the proposed one-time funding of $500,000 for bike and pedestrian
improvement projects.
02:03:39 Public Comment
Mayor Andrus opened this item for public comments.
02:07:05 Ralph Zimmer, Public Comment
Ralph Zimmer commented as the Chair of the Pedestrian and Traffic Safety Committee on the
Transportation Master Plan's identified independent, stand-alone bike and pedestrian projects. He
commented on the proposed funding levels for those projects.
02:11:39 Kevin Thane, Public Comment
Kevin Thane, Chair of the Community Affordable Housing Advisory Board, commented on his own behalf
on the interdependency of City programs and policies. He commented on the role of City equipment on
compact development and recommended the evaluation of smaller equipment.
02:13:36 Marilee Brown, Public Comment
Marilee Brown, member of the Pedestrian and Traffic Safety Committee, commented on behalf of GAP
and Safer Bozeman for bike and pedestrian funding. She commented on the need for funding dedicated
to multimodal transportation projects.
02:17:19 Pat Martin, Public Comment
Pat Martin commented in support of the CIP for Parks and Recreation. He spoke in favor of resurfacing
the court at the Story Mill Community Center.
02:19:01 Jason Delmue, Public Comment
Jason Delmue, acting Chair of the Bozeman Area Bicycle Advisory Board, commented on his own behalf
in support of bond funding affordable housing. He commented in support of additional funding for bike
and pedestrian facilities. He commented on the need to fund stand-alone projects. He commented on
moving the Kagy Blvd project one year later in the CIP.
02:21:39 Douglas Fischer, Public Comment
Douglas Fischer commented in favor of postponing the Kagy Blvd expansion project.
02:24:33 Motion to adopt Resolution 5207, adopting the capital improvement plan for fiscal years 2022
to 2026.
Terry Cunningham: Motion
Michael Wallner: 2nd
02:25:08 Motion to direct staff to come back to the Commission with a recommendation for a ballot
initiative, be that a bond or a levy, to raise $10 million in funds for affordable housing projects and the
funds would be a combination of a revolving loan fund, land acquisition fund, and reimbursement for
qualifying affordable housing projects.
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 7 of 13
Terry Cunningham: Motion
Michael Wallner: 2nd
DM Cunningham spoke in support of his amendment.
Cr. Wallner stated his full support.
Cr. Madgic stated her support to do all possible to solve affordable housing issue.
Cr. Pomeroy stated her full support.
Mayor Andrus stated her support and noted the difficulties of funding sources in Montana for affordable
housing. She stated it is time to put the question to the citizens.
02:32:00 Vote on the Motion to direct staff to come back to the Commission with a recommendation for
a ballot initiative, be that a bond or a levy, to raise $10 million in funds for affordable housing projects and
the funds would be a combination of a revolving loan fund, land acquisition fund, and reimbursement for
qualifying affordable housing projects. The Motion passed 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:32:18 Motion to amend Resolution 5207 to include $500,000 from the SID Resurfacing Fund for bike
and pedestrian improvement projects in FY 2022.
Michael Wallner: Motion
Jennifer Madgic: 2nd
Cr. Wallner spoke to the work of Pedestrian and Traffic Safety Committee and the Bozeman Area Bicycle
Advisory Board. He spoke to additional safety for bikers and pedestrians.
Cr. Madgic stated her support and appreciation for public commenters and these projects are something
that make Bozeman great.
Cr. Pomeroy stated her support and encouragement of the City making it bikable and walkable.
Mayor Andrus stated her support and the one-time funding option.
DM Cunningham stated the difficulty of funding the stand-alone projects highlighted in the TMP. He
stated his interest in seeing bicycle boulevards as a start for projects to fund.
02:40:22 Vote on the Motion to amend Resolution 5207 to include $500,000 from the SID Resurfacing
Fund for bike and pedestrian improvement projects in FY 2022. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
25
Bozeman City Commission Meeting Minutes, December 22, 2020
Page 8 of 13
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:40:59 Cr. Madgic asked for the Fire Deptartment to investigate and report on potential
purchase and implementation of fire fighting vehicles with improved maneuverability for use in compact
neighborhoods and areas with narrow rows.
02:43:40 Cr. Madgic asked for reinitiation of the public process on proposed improvements to
Kagy Blvd and to possibly reconsider the current four lane design.
02:45:16 Discussion on the Main Motion
DM Cunningham spoke on behalf of the main motion. He noted the CIP does not allocate funds but
informs the budget process for all departments and the scheduling of big projects and items. He noted
the large water and sewer projects in the unscheduled category. He spoke on the future joint
westside library and recreation center, and the need to ask the philanthropic community to reduce the
impact on taxpayers.
Cr. Wallner stated his support for the CIP. He noted his advocacy for privacy protections related to body-
worn cameras and fiber as a policy priority.
Cr. Madgic stated some of her concerns, specifically with the Kagy Blvd expansion project. She stated
the need for a public process to see through completion. She noted the need for agile City service
equipment.
Cr. Pomeroy agreed with her colleagues on affordable housing, fiber optic, and Kagy Blvd. She stated
traffic management is an issue of quality of life.
Mayor Andrus stated her support for the motion as amended, including the additional direction to the
City Manager. She noted the importance of public involvement in the process. She stated concerns
about the current Kagy Blvd design and delays in the project; she stated it is important to have up to
date information and community input. She stated her support for broadband and is looking forward to
the master plan.
02:57:28 Vote on the Main Motion to adopt Resolution 5207, adopting the capital improvement plan for
fiscal years 2022 to 2026. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:58:25 Recess
Mayor Andrus called the meeting into recess until 8:50 PM.
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 9 of 13
02:59:52 Call to Order
Mayor Andrus called the meeting back to order.
H.2 02:59:51 Resolution 5248, Adopting the 2020 Bozeman Climate Plan
Cover Page
Resolution 5248 Adopting the 2020 Bozeman Climate Plan
2020 Bozeman Climate Plan
Attachment A: Public Engagement Plan
Attachment B: Track Changes Version
03:00:13 Staff Presentation
CM Mihelich and Sustainability Program Manager Natalie Meyer presented the 2020 Bozeman Climate
Plan, the recent accomplishments towards the plan, the project process and timeline. Manager Meyer
outlined the public engagement, the plan format, the goals, plan benchmarks, the economics of the
plan, Commission recommendations, a response to feedback on utility emissions, the new renewable
energy needed, the role of bike and pedestrian funding, local food, and a summary of additional
revisions, implementation steps. CM Mihelich presented a summary and staff recommendation.
03:19:58 Questions of Staff
Cr. Pomeroy asked how the City can encourage the use of electric vehicle use. She asked about the
affordability of rooftop solar. She asked about potential wind farms for the City.
DM Cunningham asked about public comments related to NorthWestern Energy's use of carbon
intensity and the City's efforts to address those comments in the Plan. He asked about the City's Green
Tariff efforts and the need to create that program. He asked about the use of smart meters and their
role in the achieving the Plan's goals.
Mayor Andrus asked about the choice to use the term clean energy instead of renewable energy. She
asked for a potential glossary available attached to the community dashboard. She asked about
implementation partners.
03:35:21 Public Comment
Mayor Andrus opened the item for public comment.
03:38:06 Will Swearingen, Public Comment
Will Swearingen commented on the electricity section of the plan. He commented on references to
Northwestern Energy's carbon intensity metric, the lack of benchmarks, and a major flaw in the
modeling component. He commented that the basis of the Climate Plan should be based on the current
NorthWestern Procurement Plan.
03:41:28 Jennifer Swearingen, Public Comment
Jennifer Swearingen commented on the reliance of the Plan on NorthWestern Energy. She noted the
newly released supplement to NorthWestern Energy's resource plan. She commented on NorthWestern
Energy's analyses. She commented on the importance for the City to participate in the process before
the Public Service Commission.
03:46:43 Motion to approve Resolution 5248, adopting the 2020 Bozeman Climate Plan.
Michael Wallner: Motion
Jennifer Madgic: 2nd
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 10 of 13
03:47:56 Motion to amend the Plan to insert the language into a note, "While Carbon Intensity is an
important component of the 'math' of measuring emissions, it should not be relied upon - in and of itself
- as an indication of progress; therefore, any plan that uses carbon intensity as a sole goal or metric
should be taken with a grain of salt."
Terry Cunningham: Motion
Michael Wallner: 2nd
03:48:39 Discussion on the Amendment
DM Cunningham stated his support for a glossary and the purpose of the amendment is to aid in
creating distance between our term and the endorsement of a plan with a metric that can be perceived
as misleading.
Cr. Wallner supported DM Cunningham's remarks, the addition of a glossary and will support the
amendment.
Cr. Madgic stated support for the amendment and a glossary.
Cr. Pomeroy stated her support for both.
Mayor Andrus stated her support for the amendment.
03:50:19 Vote on the Motion to amend the Plan to insert the language into a note, "While Carbon Intensity
is an important component of the 'math' of measuring emissions, it should not be relied upon - in and of
itself - as an indication of progress; therefore, any plan that uses carbon intensity as a sole goal or metric
should be taken with a grain of salt." The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
03:50:39 Motion inserting in the benchmarks section, “Every two years, the GHG emissions inventory will
be updated, and this information will be provided to the City Commission and the general
public. Shortfalls in meeting the City's GHG emissions reduction goals may necessitate changes to
interim emissions reduction targets or more aggressive climate solutions, requiring an update to the
charter or implementation playbook, which will be undertaken at the City Commission's discretion, with
the general public having the opportunity to provide input.”
Terry Cunningham: Motion
Michael Wallner: 2nd
03:51:18 Discussion on the Amendment
DM Cunningham spoke in support of his amendment to clarify the charter and implementation of the
plan based on greenhouse gas emissions.
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 11 of 13
Mayor Andrus noted the short timeframe to see results and understood the importance of the
amendment.
03:53:29 Vote on the Motion to amend inserting in the benchmarks section, “Every two years, the GHG
emissions inventory will be updated, and this information will be provided to the City Commission and the
general public. Shortfalls in meeting the City's GHG emissions reduction goals may necessitate changes to
interim emissions reduction targets or more aggressive climate solutions, requiring an update to the
charter or implementation playbook, which will be undertaken at the City Commission's discretion, with
the general public having the opportunity to provide input.” The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
03:53:57 Discussion on the Main Motion
Cr. Wallner commented on the importance for local sustainable food systems. He stated he will support
the Plan. He stated the success of this plan will rely on implementation and evaluation, and the need for
communication between staff and the Commission on progress and outcomes. He noted the reliance on
NorthWestern Energy to meet the City's goals.
Cr. Madgic stated support for the plan. Called this a step in the right direction.
Cr. Pomeroy stated she looked forward to implementation.
DM Cunningham noted the plan was nimble and responsive to public comments. He noted the
monumental moment for the City of Bozeman. He stated the facts are that the planet is warming due to
human activity, action is urgently need to reverse the current trajectory, and a key strategy is to stop
burning fossil fuels. He stated it has been left to local municipalities to lead the charge to address the
most significant issue we face. He provided a history of the process that led to the Climate Plan's
adoption, and significance of the Plan. He noted the role of Northwestern Energy in meeting the Plan's
goals.
04:07:04 Meeting extended
Mayor Andrus extended the meeting until 10:15 PM.
04:07:10 Discussion on the Main Motion continued
DM Cunningham continued his comments on the importance of the Climate Plan.
Mayor Andrus stated her thanks for the public that commented and staff for incorporating those
comments in the Plan. She responded to some public comments from outside Bozeman. She noted the
reliance on NorthWestern Energy.
04:16:50 Vote on the Motion to approve Resolution 5248 Adopting the 2020 Bozeman Climate Plan. The
Motion passed 5 – 0.
Approve:
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 12 of 13
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
H.3 04:17:19 Appointments to the Bozeman Area Bicycle Advisory Boards (BABAB)
Cover Page
09-04-20 CAB Application - C. Manzel, New Applicant.pdf
12-08-20 CAB Application - J. Delmue, Reapplication.pdf
04:17:20 Public Comment
There were no public comments.
04:18:30 Motion to appoint Clare Manzel to the role of MSU Student Representative with a term expiring
December 31, 2021 and Jason Delmue to an at-large voting role with a term expiring December 31, 2022.
Terry Cunningham: Motion
Michael Wallner: 2nd
04:18:50 Vote on the Motion to appoint Clare Manzel to the role of MSU Student Representative with a
term expiring December 31, 2021 and Jason Delmue to an at-large voting role with a term expiring
December 31, 2022. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I) 04:19:08 FYI / Discussion
Cr. Wallner offered thanks to all involved in the implementation of the Climate Plan.
J) 04:21:03 Adjournment
___________________________________
Cynthia L. Andrus
Mayor
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Bozeman City Commission Meeting Minutes, December 22, 2020
Page 13 of 13
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: February 23, 2021
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Bozeman City Commission Meeting Minutes, January 5, 2021
Page 1 of 9
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, January 5, 2021
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic
Absent: None
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike
A) 00:10:37 Call to Order - 6:00 PM - WebEx Video Conference
B) 00:14:42 Pledge of Allegiance and a Moment of Silence
C) 00:15:17 Changes to the Agenda
Action Item I.1 and I.5 have been removed from the agenda.
D) 00:15:57 FYI
DM Cunningham noted the Bozeman Area Bicycle Advisory Board will meet tomorrow night at
6:00 PM. He noted the changes with the Gallatin County Commission with Don Seifert's
retirement and the swearing in of Zack Brown, with Scott McFarland elected as the Chairperson.
Mayor Andrus noted Sheriff Gootkin was appointed as the Director of the Department of
Corrections. She asked the Commissioners to review Consent items for potential conflicts.
CM Mihelich provided an update on the citywide streetlight adjustments. He noted the
contribution by the City to the City-County Health Department that has been utilized for the
"Montana Can" campaign. He provided an update on the Bozeman Public Safety Center
construction.
E) 00:21:14 Commission Disclosures
DM Cunningham disclosed that he is the owner of a small business that would be eligible for the
funding under Consent Item 7. Since there is no active interest, he is not going to recuse himself.
Cr. Madgic disclosed her partner will be doing work with the Bridger View Development project
Cr. Wallner disclosed his employment with TechLink and will recuse himself from Consent Item
8.
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Bozeman City Commission Meeting Minutes, January 5, 2021
Page 2 of 9
F) 00:23:53 Consent
F.1 Accounts Payable Claims Review and Approval
Cover Page
F.2 Authorize the City Manager to Sign a Notice of Award to Gallatin Valley Site Services LLC.
for the Bozeman Drought Tolerant Landscaping and Irrigation for North 27th Avenue
Medians, and Final Contract Documents Once Received
Cover Page
Notice of Award to Gallatin Valley Site Services LLC. for Bozeman Drought Tolerant
Landscaping and Irrigation for N. 27th Avenue Medians
Bid Tabulation for Bozeman Drought Tolerant Landscaping and Irrigation for N. 27th
Avenue Medians
F.3 Authorize the City Manager to Sign a Utility Right-of-Way Easement with NorthWestern
Energy for the Bridger View Development
Cover Page
Bridger View-NWE Utility ROW Easement w Exhibit A B.pdf
F.4 Authorize the City Manager to Sign a Utility Easement in Association with the Bridger
Veterinary Specialty Hospital Annexation to Annex 2.0099 acres Southeast of the
Intersection of Campbell and Reeves Roads, Application 20-184
Cover Page
Utiltiy Easement signed.pdf
F.5 Authorize the City Manager to Sign a Restoration Agreement with the HRDC for Utility
Relocation Adjacent to Bridger View Development
Cover Page
Easement restoration and maintenance agreement w HRDC.docx
HRDC Redevelopment_Waiver Valuation_2020-8-24.pdf
F.6 Ratify the City Manager's Signature on the Agreement for Reimbursement for the
Cottonwood Subdivision South Cottonwood Road Widening
Cover Page
Agreement for Reimbursement - Cottonwood Subdivision - South Cottonwood Road
Widening
F.7 Authorize the City Manager to Sign an Amendment One to the Sub-Recipient Agreement
with the Prospera Business Network for Management of the City of Bozeman's
Community Development Block Grant Revolving Loan Fund and Coronavirus Small
Business Local Relief Fund
Cover Page
Exhibit 1 FINAL amendment 1 to Prospera subrecipient agreement.docx
Exhibit 2 Attachment A FINAL Coronavirus Small Business Local Relief Fund Program V9
12.16.20.pdf
F.8 Authorize the City Manager to Sign an Amendment Two to the Agreement for Services
with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment
Plant
Cover Page
2ndAmendment WRF COVID contract.docx
F.9 Resolution 5252, Authorizing a Change Order Number One to the Front Street
Interceptor Sanitary Sewer Main Replacement Project
Cover Page
Resolution 5252 Alteration of Contract with COP on Front Street Interseptor Sewer.doc
33
Bozeman City Commission Meeting Minutes, January 5, 2021
Page 3 of 9
Change Order 1 with COP on Front Street Interseptor Sewer.pdf
00:24:03 City Manager Introduction
CM Mihelich provided the highlights of the Consent Agendas.
00:25:44 Public Comment
Mayor Andrus opened Consent Items F and Consent II Items G for public comment.
00:26:27 Marilee Brown, Public Comment
Marilee Brown, Chair of Gal10 Alliance for Pathways, commented on Consent II G.1 and G.2. She
commented on the need for pathways and sidewalks.
00:32:22 Motion Consent Items 1-7 & 9 as submitted.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
00:32:28 Vote on the Motion to approve Consent Items 1-7 & 9 as submitted. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
00:32:40 Motion to approve Consent Item 8 as submitted.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
00:32:55 Vote on the Motion to approve Consent Item 8 as submitted. The Motion passed 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Disapprove:
None
Abstain:
Michael Wallner
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Bozeman City Commission Meeting Minutes, January 5, 2021
Page 4 of 9
G) 00:33:00 Consent II: Items Acted Upon Without Prior Unanimous Approval
G.1 Resolution 5240, Adoption of the Bridger Veterinary Specialty Hospital Annexation to
Annex Approximately 2.0099 Acres Southeast of the Intersection of Campbell and
Reeves Roads, Application 20-184
Cover Page
Resolution 5240 Bridger Vet Annexation No 20184.docx
Annex Agreement signed.pdf
Annex Map Signed.pdf
G.2 Ordinance 2064, Provisional Adoption of Ordinance 2064 to Establish the Bridger
Veterinary Specialty Hospital Zone Map Amendment to Designate Approximately 2.0099
acres as B-2, Community Business District, Application 20184
Cover Page
Ordinance 2064 Bridger Vet ZMA No 20184.docx
ZMA Map Signed.pdf
00:33:11 Motion to approve Consent II items 1 & 2 as submitted.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
00:33:45 Vote on the Motion to approve Consent II items 1 & 2 as submitted. The Motion passed 4 – 1.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Disapprove:
Michael Wallner
H) 00:33:56 Public Comment
00:36:28 David Kack, Public Comment
David Kack commented to clarify comments made during December 22 related to the Kagy Blvd.
expansion project.
I) 00:39:37 Action Items
I.1 Resolution 5224, A Resolution of the City Commission of the City of Bozeman, Montana,
Changing the Road Name of Dead Mans Gulch, Located in Gardner-Simmental Plaza
Subdivision, to Cattail Street in the City of Bozeman, Montana
Cover Page
Staff Report - Dead Mans Gulch to Cattail Street
Resolution 5224-Dead Mans Gulch to Cattail Street
Map of Proposed Change- Dead Mans Gulch to Cattail Street
I.2 00:39:39 Resolution 5242, A Resolution Changing the Road Name of Campus
Boulevard, located in South University District Phase 1 Minor Subdivision and South
35
Bozeman City Commission Meeting Minutes, January 5, 2021
Page 5 of 9
University District Phase 2 Minor Subdivision, to Stucky Road in the City of Bozeman,
Montana
Cover Page
Staff Report - Campus Blvd Name Change
Resolution 5242-Campus Blvd to Stucky Rd
Map Exhibit of Campus Blvd to Stucky Rd
00:40:03 Staff Presentation
Engineer Kellen Gamradt presented the proposed street name change. He presented the process as
outlined by Resolution 3628, the summary of the Engineering Staff Report, and staff's recommendation.
00:44:46 Questions of Staff
00:51:00 Public Comment
There were no public comments.
00:54:56 Motion after incorporating the information in the staff report, oral findings made by the
Commission during the public hearing, information in the proposed resolution and after considering
public comment, I hereby move to adopt Resolution 5242 to change the Road Name of Campus
Boulevard, located in South University District Phase 1 Minor Subdivision and South University District
Phase 2 Minor Subdivision, to Stucky Road.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
00:55:30 Discussion
00:59:22 Vote on the Motion after incorporating the information in the staff report, oral findings made
by the Commission during the public hearing, information in the proposed resolution and after considering
public comment, I hereby move to adopt Resolution 5242 to change the Road Name of Campus Boulevard,
located in South University District Phase 1 Minor Subdivision and South University District Phase 2 Minor
Subdivision, to Stucky Road. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.3 00:59:32 Norton Ranch 2020 Zone Map Amendment (ZMA), Amendment to the
City Zoning Map on Approximately 84.5 acres Plus Adjacent Right of Way from R-O
(Residential Office), BP (Business Park), and R-3 (Residential Medium Density) to R-5
(Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed Use), and B-
2M (Community Business Mixed-Use), Application 20288
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Bozeman City Commission Meeting Minutes, January 5, 2021
Page 6 of 9
Cover Page
Staff report CC - Norton Ranch ZMA App. No. 20288. 12-15-20.docx
Combined Application Materials App. 20288.pdf
01:00:00 Staff Presentation
Community Development Manager Chris Saunders presented the proposed amendment, the current
zoning, the Future Land Use Map (FLUM), correlated Zoning districts, a summary of public comments,
Zoning Commission recommendation, and the staff recommendation.
01:04:25 Questions of Staff
01:20:04 Applicant Presentation
Gregory Stratton with Killday and Stratton and Ryan Krueger with Intrinsik Architecture presented on
behalf of Norton Properties. They presented their application, the requested zoning amendment in
an effort to conform with the FLUM and Growth Policy, responded to public comments, the variety of
residential uses in the vicinity, and the ZMA Approval Criteria.
01:31:07 Questions of Applicants
01:33:47 Public Comment
There were no public comments.
01:37:28 Motion having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 20-288 and move to approve the Norton Ranch Zone Map Amendment, with contingencies
required to complete the application processing
Terry Cunningham: Motion
Michael Wallner: 2nd
01:38:04 Discussion
DM Cunningham made findings in support of the amendment in agreement with staff's findings. He
agreed that this item does not meet all three criteria for spot zoning.
Cr. Wallner agreed with DM Cunningham's findings.
Cr. Madgic will support the amendment.
Cr. Pomeroy agreed with the findings and will support the amendment.
Mayor Andrus agreed with the findings and will support the amendment.
01:51:45 Vote on the Motion to free form having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 20-288 and move to approve the Norton Ranch Zone Map Amendment, with
contingencies required to complete the application processing. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
37
Bozeman City Commission Meeting Minutes, January 5, 2021
Page 7 of 9
Jennifer Madgic
Disapprove:
None
01:54:05 Recess
Mayor Andrus called the meeting into recess.
01:54:07 Call to Order
Mayor Andrus called the meeting back to order.
I.4 01:54:10 Ordinance 2059, Provisional Adoption of Bozeman Cohousing Text
Amendment, to Create a New Residential Type, Apartment Building, Limited, Establish
Standards for the Type, and Assign it to Specific Zoning Districts
Cover Page
20195 Ord 2059 Bozeman Cohousing ZCA - CC report.docx
20195 Ordinance 2059 Bozeman Cohousing ZCA Provisional Adoption.docx
20195 Application Materials CC Packet.pdf
11-23-20 Public Comment - C. Maker - Bozeman Cohousing.pdf
11-23-20 Public Comment - V. Levy - Bozeman CoHousing Amendment to increase size of
common area.pdf
01:54:19 Staff Presentation
Manager Saunders presented the proposed text amendment, amendment purpose, the locations of
Bozeman Municipal Code (BMC) to be modified, the metric of home to garage ratio, building area
configurations and comparisons, maximum size per dwelling, the Zoning Criteria of Evaluation, a
summary of public comment, and staff's recommendation.
02:03:30 Questions of Staff
02:18:00 Applicant Presentation
Erik Bonnett with Studio Cohab Architects represented the applicant, Bozeman Cohousing. He presented
the reasoning for the proposal, the benefits of the proposal, the amended zoning districts and locations,
currently allowed uses compared to proposed uses in R-3 zoning districts, the proposals comparison to
current restrictions on building size, examples in other communities, possible application for age in
place housing, and potential common facilities accessed indoors.
02:30:29 Questions of Applicant
02:37:45 Public Comment
Mayor Andrus opened this item for public comments.
02:40:11 Lynn Hellenga, Public Comment
Lynn Hellenga spoke in favor of the Ordinance to increase density and optimize green space within
neighborhoods.
02:41:38 Mark Owkes, Public Comment
38
Bozeman City Commission Meeting Minutes, January 5, 2021
Page 8 of 9
Mark Owkes commented in favor of the Ordinance. He noted the size restrictions will allow for
maintaining the character of neighborhoods.
02:42:50 Katherine Dayton, Public Comment
Katherine Dayton commented in support of the Ordinance to increase sustainability and inclusivity.
02:46:10 Motion having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 20195 and move to approve the Bozeman Cohousing Text Amendment and provisionally
adopt Ordinance 2059.
Michael Wallner: Motion
Jennifer Madgic: 2nd
02:46:19 Discussion
Cr. Wallner stated this change aligns with the Strategic Plan 4.1 and agreed with staff's findings related
to the Zoning Criteria of Evaluation.
Cr. Madgic will support the Ordinance in an effort to meet missing middle housing needs.
Cr. Pomeroy will support the Ordinance.
DM Cunningham stated the benefit of the applicant's creative idea and staff's work to adapt to
incorporate a unique idea. He will support the Ordinance.
Mayor Andrus will support the Ordinance.
03:00:34 Vote on the Motion to free form Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 20195 and move to approve the Bozeman Cohousing Text Amendment and
provisionally adopt Ordinance 2059. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.5 Appointments to the Northeast Urban Renewal Board
Cover Page
06-25-20 CAB Application - C. Dayton.pdf
07-02-20 CAB Application - M. E. Barlow.pdf
07-07-20 CAB Application - C. Nixon.pdf
J) 03:00:44 FYI / Discussion
K) 03:01:00 Adjournment
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Bozeman City Commission Meeting Minutes, January 5, 2021
Page 9 of 9
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: February 23, 2021
40
Bozeman City Commission Meeting Minutes, January 12, 2021
Page 1 of 8
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, January 12, 2021
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic
Absent: None
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas, and Deputy City Clerk (DCC) Jesse DiTommaso
A) 00:04:05 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) 00:08:00 Pledge of Allegiance and a Moment of Silence
C) 00:08:40 Changes to the Agenda
There were no changes to the agenda.
D) 00:08:48 Public Services Announcements
D.1 City offices will be closed in observance of the Birthday of Martin Luther King, Jr. There
will be no City Commission meeting, on Tuesday, January 19, 2021.
Cover Page
E) 00:09:21 FYI
Mayor Andrus acknowledged Cindy Christin, Children's Library at the Bozeman Public Library,
won the Montana Librarian of the Year award. She noted the Parking Commission is meeting on
Thursday morning; she highlighted the upcoming Parking Engagement sessions on January 25,
January 28, and February 3 from 5:30-7 PM. She reminded the public to shovel their sidewalks.
Cr. Wallner congratulated Cindy Christin on her award. He noted the Pedestrian and Traffic
Safety Committee is meeting on Wednesday at noon.
DM Cunningham noted CAHAB is meeting on Wednesday at 8 am.
CM Mihelich highlighted that all City Commission meetings are now closed captioned on our
streaming platform.
F) 00:13:35 Commission Disclosures
DM Cunningham disclosed the City's auditor firm is also utilized by a non-profit he is the
Executive Director of.
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Bozeman City Commission Meeting Minutes, January 12, 2021
Page 2 of 8
G) 00:14:18 Consent
G.1 Accounts Payable Claims Review and Approval
Cover Page
G.2 Authorize the City Manager to Sign a Public Street and Utility Easement with Major
Brands Distributing Co. Inc. for the Cottonwood Subdivision Project (20186)
Cover Page
Public Street and Utility Easement
G.3 Authorize the City Manager to Sign Task Order 6 of the Stormwater Design Professional
Services Master Task Order Agreement with DOWL, LLC for the Downtown Trunk Line
Rehabilitation Project
Cover Page
Professional Services Agreeement with Attachments.pdf
G.4 Authorize the City Manager to Sign the Professional Services Agreement with Core
Control to Provide Repair and Maintenance Services to the HVAC Units at the Swim
Center and the Pool Boilers at the Swim Center and Bogert Pools
Cover Page
BoilerHvacPSA
Exhibit A
G.5 Montana Department of Commerce, Big Sky Economic Development Trust Fund
Program Grant Award to XY Planning Network (Contract # MT-BSTF-1-21-09)
Cover Page
Exhibit 1 cc memo 1.12.21 BSTF Award XYPN DRAFT 12.23.20.doc
Exhibit 2 09-15-20 City Commission Packet Materials - C19. Res 5218 Supporting BSTF
Grant App for XY Planning Network.pdf
Exhibit 3 XYPN Signed City Resolution.pdf
Exhibit 4 City of Bozeman - XY Planning Network LLC - Award Letter.pdf
Exhibit 5 Follow Up Letter- Bozeman XYPN.pdf
Exhibit 6 Contract_MT-BSTF-1-21-09_Bozeman_XYPN.pdf
Exhibit 7 XY Planning - BAA-MP 12.8.2020.docx
Exhibit 8 Adminstrative Budget Amendment BSTF grant.pdf
G.6 Resolution 5256 Approving the Gallatin County Hazard Mitigation and Community
Wildfire Protection Plan
Cover Page
Resolution 5256 Adoption of the Gallatin County Hazard Mitigation Plan.pdf
Gallatin HMP-CWPP Final Nov 2020_Redacted.pdf
00:14:21 City Manager Introduction
CM Mihelich provided the highlights of the consent agenda.
00:15:35 Public Comment
There were no public comments on the consent agenda.
00:19:22 Motion to approve Consent Items 1 - 6 as submitted.
Terry Cunningham: Motion
Michael Wallner: 2nd
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Bozeman City Commission Meeting Minutes, January 12, 2021
Page 3 of 8
00:19:22 Vote on the Motion to approve Consent Items 1 - 6 as submitted. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
H) 00:19:30 Public Comment
There were no general public comments.
I) 00:22:55 Action Items
I.1 00:23:12 Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2020 and
Audit Results
Cover Page
City of Bozeman Draft 12.30.20.pdf
00:23:29 Staff Presentation
Finance Director Kristin Donald and Auditor Jessica Van Voast presented the CAFR. Director Donald
presented the background, an overview of the CAFR, highlights from the Management's Discussion and
Analysis (MD&A), the City's Net Position and its key elements, and General Fund assignments. Auditor
Van Voast presented the results of 2020 Audit, the audit process, the audit results, and an overview of
the Letter to Governance.
00:40:55 Questions of Staff
00:53:13 Public Comment
There were no public comments on this item.
00:56:56 Motion I move to approve the General Fund Balance Assignments as presented and to accept
the Fiscal Year 2020 Comprehensive Annual Financial Report and the accompanying Letter of
Governance.
Michael Wallner: Motion
Jennifer Madgic: 2nd
00:57:12 Discussion
01:02:28 Vote on the Motion to approve I move to approve the General Fund Balance Assignments as
presented and to accept the Fiscal Year 2020 Comprehensive Annual Financial Report and the
accompanying Letter of Governance. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
43
Bozeman City Commission Meeting Minutes, January 12, 2021
Page 4 of 8
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.2 01:02:47 Ordinance 2058, Provisional Adoption Amending Chapter 34.02 of the
Bozeman Municipal Code to Update Bonding and Permitting Requirements for Work on
Public Streets, Establishing Lane/Shoulder/Path Closure Mitigation Fees, Establishing
Specific Penalties, and Updating of Language Within the Chapter
Cover Page
Ordinance 2058 - Amending Ch 34.02
01:03:09 Staff Presentation
Public Works Director Mitch Reister presented Ordinance 2058, the proposed changes to Bozeman
Municipal Code (BMC) 34.02, reasons for updating the BMC, the obstruction mitigation fee provisions,
the violations and penalties, and examples of violations.
01:12:09 Questions of Staff
01:27:53 Clarification by City Attorney
CA Sullivan provided clarification on the applicability to sidewalks.
01:28:17 Questions of Staff continued
01:36:41 Public Comment
There were no public comments on this item.
01:40:06 Motion I move to provisionally adopt Ordinance 2058 amending Chapter 34.02 of the Bozeman
Municipal Code to update bonding and permitting requirements for work on public streets, establishing
lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language
within the Chapter.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
01:40:43 Discussion
01:45:17 Vote on the Motion to approve I move to provisionally adopt Ordinance 2058 amending Chapter
34.02 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public
streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and
updating of language within the Chapter. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
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Bozeman City Commission Meeting Minutes, January 12, 2021
Page 5 of 8
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.3 01:45:44 Appointments to the Gallatin City-County Board of Health
Cover Page
01-05-21 CAB Application, S. Custer, Re-Applicant.pdf
11-24-20 CAB Application, B. Franks, Re-Applicant.pdf
01:45:50 Public Comment
There were no public comments on this item.
01:49:11 Motion I move to re-appoint one appointee, Steve Custer, to the Joint City-County position with
a term expiring January 1, 2024 and to re-appoint one City appointee, Becky Franks, to the City position
with a term expiring January 1, 2024 on the City-County Board of Health.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
01:50:18 Vote on the Motion to approve I move to re-appoint one appointee, Steve Custer, to the Joint
City-County position with a term expiring January 1, 2024 and to re-appoint one City appointee, Becky
Franks, to the City position with a term expiring January 1, 2024 on the City-County Board of Health. The
Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
01:50:38 Recess
Mayor Andrus called the meeting into recess.
01:52:50 Call to Order
Mayor Andrus called the meeting back to order.
J) 01:52:56 Work Session
J.1 Strategic Plan Priorities Report
Cover Page
Strategic Plan Priorities Report.docx
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Bozeman City Commission Meeting Minutes, January 12, 2021
Page 6 of 8
01:59:16 Staff Presentation
CM Mihelich presented the purpose with the seven Strategic Plan vision statements and 11 priorities,
what has been done, what are the next steps, and the City Manager's recommendation. He presented
an idea for a biannual process.
02:15:07 Discussion
Cr. Wallner asked where we are on the bond process for Affordable Housing. He asked about options for
funding property owners within a county island to voluntarily annex into the City. He asked about the
implementation timeline for Community Engagement.
DM Cunningham asked a follow-up on the work session for ballot questions for bonds or levies. He
asked about incentives for annexation. He asked about narrowing the focus of Planning and Land Use to
be more actionable.
Cr. Madgic commented on the Growth Policy implementation related to the Planning and Land Use
priority. She asked for clarification on the units under review for Affordable Housing. She asked about
the UDC review that is underway.
Mayor Andrus asked about the advisory board review being classified under Community Outreach. She
asked about specific implementation of approved plans.
Cr. Pomeroy asked about Bozeman's economy related to Property Tax Relief.
Cr. Wallner asked for a summary of the complete classification for the Gender Pay Equality Policy. He
asked for clarification on the status of Advisory Board under Community Outreach. He asked how our
process compares as an Inclusive City.
DM Cunningham asked about the City's inclusivity in developing the Inclusive City plan. He asked a series
of questions about wetland mitigation occurring within the local watershed.
Cr. Madgic noted a follow-up on the Bozeman economy and highlighted the Economic Outlook Seminar,
February 1-2.
Cr. Pomeroy asked about incentives related to the Annexation Analysis.
Cr. Wallner asked about the need for additional resources related to Planning and Land Use. He asked
for clarity on approaches to a Metropolitan Planning Organization.
DM Cunningham asked for a potential work session on entitlement cities. He asked about the staus of
implementing the Community Housing Action Plan.
02:53:14 Public Comment
Mayor Andrus opened this item for public comments.
02:56:26 Loreene Reid, Public Comment
Loreene Reid commented a member of the Sacagawea Audubon Board speaking on her own behalf. She
commented on wetlands in parks.
03:00:06 Adam Shaw, Public Comment
Adam Shaw commented in favor of a work session on annexation.
03:04:28 Direction to Staff
Mayor Andrus asked the Commissioners to provide clear direction on specific items.
03:08:10 Additional Priority Requests
Mayor Andrus asked for additional priorities from Commissioners.
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Bozeman City Commission Meeting Minutes, January 12, 2021
Page 7 of 8
DM Cunningham suggested the addition of Strategic Plan initiative 6.6 - Habitat, to a Commission
priority. He suggested the addition of a priority related to ban flavored tobacco products under Strategic
Plan initiative 3.2 - Health & Safety Action.
Cr. Wallner suggested the addition of seeking grants or philanthropic funding related to anticipated
designation of the City as a Metropolitan Planning Organization.
Mayor Andrus suggested the pursuit of board reorganization, Strategic Plan 1.2a, be elevated to a
Commission priority. She suggested looking for community garden spaces on the west side of town. She
suggested the City participate in the Service Line Warranty Program through the National League of
Cities.
03:29:42 Questions on Additions
Mayor Andrus asked for questions on the suggested additions.
03:34:46 Mayor Andrus asked for the Commissioners to identify their support for the suggested
items.
Elevate Strategic Plan Initiative 6.6 - Habitat
Identify Options to ban flavored tobacco
To pursue outside grants and philanthropic funding
Board reorganization and consolidation
03:40:34 Clarification
CM Mihelich identified the follow-up process on presenting a resolution memorializing the 12 priorities.
Mayor Andrus clarified that not all priorities will be completed in the coming months.
Cr. Wallner asked about the timeline on completion of board reorganization and consolidation.
DM Cunningham provided his comments on the ongoing nature of some priorities and the
accomplishments of completed priorities.
Cr. Wallner commented on the vision for the Bozeman community to accomplish those objectives.
Mayor Andrus commented on the work of staff in achieving the priorities.
K) 03:50:00 FYI / Discussion
CM Mihelich provided a response to Cr. Pomeroy that the City does not provide snow removal in
alleys, nor does the City prohibit private contractors from doing that work.
L) 03:50:37 Adjournment
___________________________________
Cynthia L. Andrus
Mayor
47
Bozeman City Commission Meeting Minutes, January 12, 2021
Page 8 of 8
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: February 23, 2021
48
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 1 of 8
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, January 26, 2021
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic
Absent: None
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC), & Deputy City Clerk (DCC) Jesse DiTommaso
A) 00:27:07 Call to Order - 6:00 PM - WebEx
B) 00:31:27 Pledge of Allegiance and a Moment of Silence
C) 00:32:06 Changes to the Agenda
There were no changes to the agenda.
D) 00:32:21 FYI
CM Mihelich noted third party inspection services for foundations in response to limitations in
hiring building inspectors. In December, 70 such inspections were completed.
E) 00:34:07 Commission Disclosures
F) 00:34:15 Consent
F.1 Accounts Payable Claims Review and Approval
Cover Page
F.2 Appoint a sub-committee of two commissioners to review pledged securities as of
December 31, 2020
Cover Page
Commission Memo - Pledged Securities - Appoint Sub-Committee 1220.doc
Depository Bonds & Securities 1220.doc
49
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 2 of 8
F.3 Set Date for Nelson Meadows Appeal of Impact Fee Administrative Decision on Impact
Fee Credit Request 20-01
Cover Page
F.4 Authorize the Mayor to Sign a Certified Local Government Grant Application for 2021-
2022 with the Montana State Historic Preservation Office
Cover Page
Grant Application with Montana State Historic Preservation Office .pdf
F.5 Authorize the City Manager to Sign a Conditional Offer of Dedication with Glen Haven
Properties, Inc. for the Mountain Vista Housing Complex Project (20358)
Cover Page
Irrevocable Offer of Dedication
F.6 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with
Billings Clinic for Infrastructure Improvements for the Billings Clinic Master Site Plan
Project (20216)
Cover Page
City of Bozeman Conditional Irrevocable Offer of Dedication
F.7 Authorize the City Manager to Sign a Memorandum of Understanding with Montana
State University to Complete a Pilot Project for Modern Treatment Wetland Technology
Cover Page
Memorandum of Understanding between MSU and City of Bozeman
Exhibit A: Memorandum of Collaboration - Piloting Modern Treatment Wetland
Technology for Montana
F.8 Authorize the City Manager to Sign a Professional Services Agreement with Thomas P.
Miller & Associates to Conduct Equity Indicators & Gaps Analysis
Cover Page
PSA for Equity Indicators & Gaps Analysis 1-14-2021.pdf
Exhibit A for Equity Indicators & Gaps Analysis 1-14-2021.pdf
F.9 Authorize the City Manager to Sign Term Contract Task Order NE21-002 with Sanderson
Stewart for Front Street Improvements Design and Construction Administration Services
in the Northeast Urban Renewal District
Cover Page
URD Task Order Form NE21-002 (Exhibit A).docx
NE21-002_Front St Design_CA_SOW_082720.pdf
F.10 Ordinance 2058 Final Adoption Amending Chapter 34.02 of the Bozeman Municipal
Code to Update Bonding and Permitting Requirements for Work on Public Streets,
Establishing Lane/Shoulder/Path Closure Mitigation Fees, Establishing Specific Penalties,
and Updating of Language Within the Chapter
Cover Page
Ord. 2058 Final Adoption Amending Chapter 34.02 of BMC
F.11 Ordinance 2059, Final Adoption of the Bozeman Cohousing Text Amendment, to Create
a New Residential Type, Apartment Building, Limited, Establish Standards for the Type,
and Assign it to the R-3, R-4, R-5 and R-O Zoning Districts with Associated Standards
50
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 3 of 8
Cover Page
20195 Ordinance 2059 Bozeman Cohousing ZCA Final Adoption.docx
F.12 Ordinance 2062, Provisional Adoption to Revise Language for Clarity and Consistent
Application of First Floor Required Height Standards in Five Mixed-Use and Non-
Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman
Guidelines for Historic Preservation and the Neighborhood Conservation Overlay
District. No changes to Maximum Height Dimensional Standards are Included with this
Amendment. Revise Affected Sections to Implement the City Commission Directed
Revisions
Cover Page
20147 Building Height amendments Ordinance 2062.docx
00:34:20 City Manager Introduction
CM Mihelich provided the highlights on the consent agenda.
00:35:54 Public Comment
There were no public comments on the Consent or Consent II agenda items.
00:38:34 Motion to approve Consent items 1 - 12 as submitted.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
00:38:52 Vote on the Motion to approve Consent items 1 - 12 as submitted. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
G) 00:39:17 Consent II
G.1 Ordinance 2064, Final Adoption to Establish the Bridger Veterinary Specialty Hospital
Zone Map Amendment to Designate Approximately 2.0099 Acres as B-2, Community
Business District, Application 20184
Cover Page
Ordinance 2064 Bridger Vet ZMA No 20184.docx
ZMA Map Signed.pdf
51
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 4 of 8
00:39:45 Motion to approve Consent II item 1 as submitted.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
00:39:57 Vote on the Motion to approve Consent II item 1 as submitted. The Motion carried 4 – 1.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Disapprove:
Michael Wallner
H) 00:40:18 Public Comment
There were no general public comments.
I) 00:43:54 Special Presentation
I.1 00:43:59 State of the City Address
Cover Page
Mayor Andrus provided her state of the City address. She began with a land acknowledgement. She
outlined the accomplishments of 2020, and the response in the face of the pandemic by staff, the
Commission and members of the public. She outlined the challenges of 2020 and highlighted the efforts
undertaken in response to some of those challenges. She provided her optimistic outlook for 2021, the
continued efforts to support the Health Officer and the Board of Health. She thanked the community
members for doing their part. She provided examples of some of the achievements in the past year and
the Commission priorities in an effort to guide the City into its future. She offered praise to the City
Manager. She thanked members of the public for their participation during difficult times.
I.2 01:15:11 Short Term Rental Update
Cover Page
ACM Winn presented the update on the City's Short-term Rental (STR) program. ACM Winn presented
the background on STR's, the number of identified STR's at the beginning of the program and an update
as of January 2021, compliance issues, fees payable by STR's, a revenue snapshot of licenses and fire
inspections, and the number of fire inspections.
J) 01:21:45 Action Items
J.1 01:21:48 Resolution 5251 Amending the Fiscal Year 2021 (FY21) Budget for the
General Fund for the Purpose of the Equity Indicators and Gaps Analysis
52
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 5 of 8
Cover Page
Resolution 5251 Budget Amendmend GF.docx
01:22:07 Staff Presentation
CM Mihelich presented the purpose of the Equity and Inclusion Plan. Neighborhoods Coordinator Dani
Hess presented an explanation of equity indicators and a gaps analysis, the process of selecting a firm
and key considerations, the team that have participated in the program, and a timeline of the project.
Finance Director Kristin Donald presented the background of the budget amendment.
01:33:22 Questions of Staff
01:46:10 Public Comment
Mayor Andrus opened this item for public comment.
01:48:34 Kevin Thane, Public Comment
Kevin Thane commented on the importance to include people not living in Bozeman as a result of gaps
in the community.
01:51:24 Motion approve Resolution 5251 Amending the Fiscal Year 2021 Budget for the General Fund
for the purpose of the Equity Indicators and Gaps Analysis.
Terry Cunningham: Motion
Michael Wallner: 2nd
01:51:41 Discussion
01:58:49 Vote on the Motion to approve Resolution 5251 Amending the Fiscal Year 2021 Budget for the
General Fund for the purpose of the Equity Indicators and Gaps Analysis. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
J.2 01:59:11 Resolution 5253 Amending the Fiscal Year 2021 (FY21) Budget for the
Stormwater Fund for the Purposes of Covering Capital Construction Costs
Cover Page
53
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 6 of 8
Resolution 5253 Budget Amendmend Stormwater Fund.docx
01:59:29 Staff Presentation
Director Donald presented the background of the budget amendment, the amount needed, the plan to
delay an FY 21 capital project and appropriate the remainder from fund balance.
02:00:38 Questions of Staff
02:04:03 Public Comment
There were no public comments on this item.
02:07:17 Motion to approve Resolution 5253 Amending the Fiscal Year 2021 (FY21) Budget for the
Stormwater Fund for the purposes of covering capital construction costs.
Michael Wallner: Motion
Jennifer Madgic: 2nd
02:07:35 Discussion
02:09:30 Vote on the Motion to approve Resolution 5253 Amending the Fiscal Year 2021 (FY21) Budget
for the Stormwater Fund for the purposes of covering capital construction costs. The Motion carried 5 –
0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:09:59 Recess
Mayor Andrus called the meeting into recess until 7:50 PM.
02:10:32 Call to order
Mayor Andrus called the meeting back to order.
K) 02:10:47 Work Session
K.1 02:11:51 Community Housing Builders Panel
Cover Page
54
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 7 of 8
January 2021 Work Session Presentation Slides.pdf
Affordable Housing Program Manager Tanya Andreasen and Community Development Director Marty
Matsen presented the Community Housing Builders Panel. Manager Andreasen presented the need for
affordable housing in the Strategic Plan*
The panelists:
Geoff Anderson, Principal at Good Housing Partnership
Gregory Stratton, Partner at Killday and Stratton and Vice-chair of CAHAB
Steve Dymoke, Partner at GMD Development
Tracy Menuez, Associate Director at HRDC IX, Inc.
The panelists responded to the City's questions:
Explain your experience building affordable housing in Bozeman;
How were you able to accomplish it?
What could we do to increase the number of affordable units built in the City?
02:16:53 Greg Stratton
02:28:20 Tracy Menuez
02:41:32 Steve Dymoke
02:53:09 Geoff Anderson
02:59:23 Commission Discussion
L) Appointments
L.1 Appointment to the Pedestrian and Traffic Safety Committee (PTSC)
Cover Page
12-22-20 CAB Application - L. A. Kudrna, new applicant.pdf
M) FYI / Discussion
N) 03:27:59 Adjournment
Due to technical difficulties, the meeting adjourned early.
___________________________________
Cynthia L. Andrus
Mayor
55
Bozeman City Commission Meeting Minutes, January 26, 2021
Page 8 of 8
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: February 23, 2021
56
Memorandum
REPORT TO: City Commission
FROM: Marcy Yeykal, Accounting Technician
Kristin Donald, Finance Director
SUBJECT: Accounts Payable Claims Review and Approval
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Finance
RECOMMENDATION: The City Commission approves payment of the claims.
STRATEGIC PLAN: 7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND: Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES: Please approve checks from February 17th and February 24th, due to no
meeting on February 16th.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing Individual claims
in excess of $100,000: to be announced in weekly e-mail from Accounts
Payable Clerks Marcy Yeykal and Levi Stewart.
Report compiled on: December 17, 2020
57
Memorandum
REPORT TO: City Commission
FROM: Brit Fontenot, Economic Development Director
SUBJECT: Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky
Economic Development Trust Fund Program Contract Amendment for
Gibson Brands, Inc. (Contract # MT-BSTF-1-20-25A)
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Grant
RECOMMENDATION: Authorize the Mayor to sign a Montana Department of Commerce Big Sky
Economic Development Trust Fund program contract amendment (Contract
# MT-BSTF-01-20-25A) and authorize the City Manager, or their designee, to
execute additional documents required to facilitate and manage the
amended grant award for Gibson Brands, Inc.
STRATEGIC PLAN: 2.3 Workforce Development: Support education and workforce development
initiatives to improve the skills of our citizens.
BACKGROUND: See Exhibit 1.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As proposed by the Bozeman City Commission.
FISCAL EFFECTS: See Exhibit 1.
Attachments:
Exhibit 1 cc memo 2-05-21 BSTF Award Gibson FINAL 02-09-
21.doc
Exhibit 2 11-18-
19_cc_packet_material_BSTF_application_Gibson_10-30-
19.pdf
Exhibit 3 Resolution 5115 Signed 18 nov 2019 and signed sig
cert form.pdf
Exhibit 4 cc packet material 4-20-20 BSTF Award Gibson
FINAL 4-10-20.doc.pdf
Exhibit 5 Gibson to City - extension request - signed.pdf
Exhibit 6 GIbson-City to State extension request.pdf
Exhibit 7 Bozeman-Gibson Brands - Contract Extension
Approval Letter.pdf
Exhibit 8
58
Montana_Amended_Department_of_Commerce_Contract_MT-
B (2).pdf
Exhibit 9 Gibson Amended Business Assistance Agreement
and Management Plan.pdf
Exhibit 10 Administrative Budget Amendment BSTF
PaymAlexa Freeburg.pdf
Report compiled on: February 1, 2021
59
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Montana Department of Commerce, Big Sky Economic Development
Trust Fund Program Contract Amendment for Gibson Brands, Inc.
(Contract # MT-BSTF-1-20-25A)
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Consent
RECOMMENDATION:
Authorize Mayor Andrus to sign the Montana Department of Commerce Big Sky
Economic Development Trust Fund program contract amendment (Contract # MT-BSTF-
01-20-25A) and authorize the City Manager, or their designee, to execute additional
documents required to facilitate and manage the amended grant award for Gibson
Brands, Inc.
BACKGROUND:
On November 18, 2019 the City Commission approved Resolution
5115 authorizing the submittal and administration of the Big Sky Economic
Development Trust Fund (“BSTF”) grant application by the Prospera Business Network
(“Prospera”) on behalf of Gibson Brands, Inc. (Exhibits 2 and 3)
On November 13, 2020, Gibson Brands, Inc. requested an extension to the
original BSTF contract (MT-BSTF-1-20-25). The City supported Gibson’s request and
submitted a letter to the Department of Commerce on behalf of Gibson Brands, Inc. On
January 12, 2021 the Department of Commerce notified the City of Bozeman that the
Gibson Brands, Inc. request for a contract amendment was approved. The amendment;
1) extends the contract by one year, 2) increases the contract award by $180,000, and
3) adds 36 additional jobs to the original 45 jobs. The amended contract amount now
totals $405,000 and adds 81 additional new jobs. (Exhibits 5 - 7)
60
Gibson Brands, Inc. agrees to create an additional 36 net new full time jobs in the
next year that meet or exceed the BSTF wage rate of $19.80 per hour, including
employee benefits.
As part of the administration of the BSTF grant, the DoC and Prospera require
the sponsoring entity, the City of Bozeman (the “City”), to enter into several agreements
with the DoC, Prospera and Gibson Brands, Inc., including the attached amended
contract documents. (Exhibits 8 and 9)
During the term of the contract, Gibson Brands, Inc. endeavors to create up to
81 eligible net new jobs in their expanded Bozeman facility. The total amount to be
reimbursed to the assisted business under the Contract shall be up to $19.80 per eligible
net new job created by the assisted business for documented costs with reimbursement
not to exceed a total of $405,000, minus grant administration fees for the entire
Contract.
A net new job must pay the average weekly wage that meets or exceeds the
lesser of 170% of Montana's current minimum wage *AND/OR* the current average
weekly wage of the county in which the employees are to be principally employed. The
value of employee benefits can be included in this wage. The current average annual,
weekly and hourly wage thresholds may be obtained through the BSTF program web
site at https://marketmt.com/BSTF or may be requested from the Department. These
figures are based upon the average weekly wage data produced by the Montana
Department of Labor and Industry for the most current year available.
An eligible net new job is defined as the following:
1. A job that is new to the company and has not been filled prior to the BSTF
notice of award effective date;
2. A permanent, full time job, meaning a predominantly year-round position
requiring an average of 35 hours of work each week, and
3. A new job pays the BSTF required wage rates.
THE PROSPERA BUSINESS NETWORK:
The City and Prospera work collaboratively on numerous economic development
projects including past BSTF grants. As they have in the past, Prospera will provide grant
administration, contract management and reporting under the BSTF requirements.
Additionally, Prospera currently manages the City’s Revolving Loan Fund.
61
Once the grant is funded, Prospera will administer the BSTF grant, contracts and
satisfy reporting elements of the BSTF award. Through the Economic Development
Department, the City will maintain oversight of the Prospera management of the BSTF
grant award as the recipient entity for the grant funds, as required by the DoC.
GRANT AGREEMENTS:
The following agreements must be entered into by the City to complete the
grant and provide the award to Gibson Brands, Inc.:
Montana Department of Commerce Big Sky Economic Development Trust Fund
Program Document, referred to as the Contract (# MT-BSTF -1-20-25A), provides the
Category 1 funding to the City.
There are additional documents wherein the DoC will require City approval.
Authorization of this Consent item also authorizes the City Manager, or their designee,
to execute all additional documents to facilitate the grant award including:
1. The Management Plan identifies the grant management requirements of
the City, Prospera, and Gibson Brands, Inc.;
2. The Business Assistance Agreement between the City and Gibson Brands,
Inc. details the conditions Gibson Brands, Inc. must adhere to in order to
obtain the grant funds including the number of jobs, the salaries for the
jobs, the use of the funds, reporting, and other issues; and
3. The signed Budget Amendment Form reconciles the incoming grant funds
with the City’s overall budget. (Exhibit 10)
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: As part of the contract, Prospera will earn administrative fees based
upon the number of net new jobs Gibson Brands, Inc. creates over the next year.
Additionally, City staff time is required to provide the appropriate review of documents
and approvals.
Please note that the Big Sky Trust Fund support provided by the City of Bozeman,
in longstanding partnership with Prospera, is not without financial risk, although the City
62
and Prospera work closely together with the assisted business to minimize the risk. If
the number of jobs identified in the contract is not filled by the assisted business, but
grant dollars are received by the assisted business, the contract between the assisted
business and the City of Bozeman contains the following financial restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to
sustain that job for the requisite duration, then the Contractor
shall reimburse the Department all funds received for that job. If
the Assisted Business fails to create the required number of jobs,
then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases
operation at the Project Site, then the Contractor shall reimburse
the Department all funds received under this Contract.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
1. Fails to create or maintain the number of net
new eligible jobs as specified in the executed
contract and assistance agreement, or
2. Fails to inject the required amount of match into
the project as specified in the executed contract
and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has
overpaid based on the number of net new jobs at the end of
the contract period.
63
b. The business ceases operations at the Project Site within the
contract period.
EXHIBITS:
2) November 18, 2019 packet material (Resolution 5115);
3) Signed Resolution 5115;
4) April 20, 2020 packet material BSTF Award Gibson Brands, Inc.;
5) November 18, 2020 Gibson Brands Inc. letter to the City of Bozeman
requesting a contract amendment extending the grant award;
6) November 20, 2020 letter to the Department of Commerce supporting
Gibson Brands request for a contract amendment.
7) January 12, 2021 Montana Department of Commerce contract extension
approval letter;
8) Montana Department of Commerce amended contract (MT-BSTF-1-20-
25A );
9) Business Assistance Agreement and Management Plan; and
10) Signed Big Sky Trust Fund Budget Amendment.
Report compiled on: 02-05-21
64
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Resolution 5115 Supporting the Application to the Big Sky Economic
Development Trust Fund Program, Administered by the Montana
Department of Commerce, on behalf of Gibson Brands, Inc. [Gibson]
MEETING DATE: November 18, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 5115 authorizing the City’s application for a Big Sky Trust
Fund Category I job creation grant on behalf of Gibson and administered
by The Prospera Business Network.
BACKGROUND: The Montana Department of Commerce administers the Big Sky Economic
Development Trust Fund Category I job creation program. This State-funded program is intended to
incentivize the creation of net new higher paying jobs; also a Bozeman City Commission priority. The
local governing body is required to apply for the grant on behalf of the business recipient as a co-
applicant with the local Certified Regional Development Corporation (CRDC). The Prospera Business
Network is local CRDC which includes Gallatin County. Should the grant be awarded, staff recommends
that the City Commission appoint The Prospera Business Network, our local CRDC, to administer all
aspects of the grant on behalf of the City of Bozeman.
Gibson, the world’s most iconic guitar brand, has shaped the sounds of generations of musicians
and music lovers across genres for more than 100 years. Founded in 1894, headquartered in Nashville,
TN, with a manufacturing center in Bozeman, Montana, Gibson, has a legacy of world-class
craftsmanship, legendary music partnerships and progressive product evolution that is unrivaled among
musical instrument companies. The Gibson Brands portfolio includes Gibson, the number one guitar
brand, as well as many of the most beloved and recognizable music brands, including Epiphone, Kramer,
Steinberger, and the Gibson Pro Audio division comprised of KRK, Cerwin Vega, and Stanton DJ. Gibson
Brands is dedicated to quality, innovation and sound excellence so that music lovers for generations to
come will continue to experience music shaped by Gibson Brands. We are proud to host Gibson in
Bozeman and endeavor to work with the company to assist in their local expansion.
65
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: If the application is successful, Gibson may be awarded up to $5,000 per net new
job with a target of eighty-one (81) net new jobs over the next twenty-four (24) months for a total grant
award, if all eighty-one (81) proposed new jobs are filled, of $405,000.
It is important to note that the Big Sky Trust Fund support provided by the City of Bozeman, in
longstanding partnership with Prospera, is not without financial risk, although the City and Prospera
work closely together with the assisted business to minimize the risk. If the number of jobs identified in
the contract is not filled by the assisted business, but grant dollars are received by the assisted business,
the contract between the assisted business and the City of Bozeman contains the following financial
restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to sustain that job for
the requisite duration, then the Contractor shall reimburse the Department all
funds received for that job. If the Assisted Business fails to create the required
number of jobs, then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount attributable to
actual jobs created. If the Assisted Business ceases operation at the Project Site,
then the Contractor shall reimburse the Department all funds received under this
Contract.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or tribal government
request the funds before the jobs are created, and the Department agrees to
that request, the local or tribal government and the assisted business receiving
BSTF financial assistance are liable for the full amount of the award that is
advanced by the Department, if the assisted business:
a. Fails to create or maintain the number of net new eligible jobs as
specified in the executed contract and assistance agreement, or
b. Fails to inject the required amount of match into the project as specified in the
executed contract and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has overpaid based on the
number of net new jobs at the end of the contract period.
b. The business ceases operations at the Project Site within the contract period.
66
The City of Bozeman is the guarantor of BSTF grants and is ultimately responsible for any defaults.
In partnership with the Department of Commerce and Prospera, the City has supported multiple BSTF
assisted businesses.
ATTACHMENTS:
1) Resolution 5115; and
2) Gibson Signature Certification.
Report compiled on October 30, 2019.
67
RESOLUTION NO. 5115
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING
TO THE APPLICATION TO BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM
ADMINISTERED BY THE STATE OF MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF
GIBSON BRANDS, INC [GIBSON].
WHEREAS, the Bozeman City Commission is committed to facilitating economic
diversification in the City and the region; and
WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high-wage
job creation and expansion, thus positively impacting the economy of the entire region; and
WHEREAS, Gibson, desires to expand their business and create additional manufacturing
jobs in Bozeman; and
WHEREAS, the City Commission has determined that manufacturing has high growth
potential, supports mid to high wage jobs and supports economic diversity; and
WHEREAS, the Montana Department of Commerce administers the Big Sky Economic
Development Trust Fund Category I job creation program, a state-funded program, to create
good paying jobs for Montana residents, promote long-term, stable economic growth in
Montana, create partnerships, expand existing businesses and provide a better life for future
generations through greater economic growth and prosperity; and
WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business
Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund
Economic Development Category I grant and provide administrative support and other
responsibility for the management and appropriate reporting to the Montana Department of
Commerce.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, the City agrees to submit an application, through The Prospera Business Network, to
the Montana Department of Commerce, Big Sky Economic Development Trust Fund Program to
68
assist Gibson in their expansion project and that The Prospera Business Network will manage all
aspects of the grant.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 18th day of November, 2019.
CYNTHIA L. ANDRUS
Mayor
ATTEST:
ROBIN CROUGH, MPA
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Montana Department of Commerce, Big Sky Economic Development
Trust Fund Program Grant Award to the Gibson Brands, Inc., Contract #
MT-BSTF-1-20-25
MEETING DATE: April 20, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION:
Authorize the City Manager, or their designee, to sign the Montana Department
of Commerce Big Sky Economic Development Trust Fund program contract and
authorize the City Manager, or their designee, to execute additional documents
required to facilitate and manage the BSTF grant award to Gibson Brands, Inc.
BACKGROUND:
On November 18, 2019 the City Commission approved Resolution
5115 authorizing the submittal and administration of the Big Sky Economic
Development Trust Fund (“BSTF”) grant application by the Prospera Business Network
(“Prospera”) on behalf of Gibson Brands, Inc. (Exhibit 1)
On January 21 and January 27, 2020 the Office of the Governor and the
Department of Commerce respectively, notified the City of Bozeman that the City’s
application, facilitated by Prospera, was approved and Gibson Brands, Inc. was awarded
up to $225,000 in BSTF Category I, Job Creation funding by the Montana Department of
Commerce (DoC). (Exhibits 2 and 3) Gibson Brands, Inc. agrees to create up to 45 net
new full time jobs in the next year that meet or exceed the BSTF wage rate of $19.80 per
hour, including employee benefits.
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As part of the administration of the BSTF grant, the DoC and Prospera require
the sponsoring entity, the City of Bozeman (the “City”), to enter into several agreements
with the DoC, Prospera and Gibson Brands, Inc., including the attached contract
document. (Exhibits 4 and 5)
During the term of the contract, Gibson Brands, Inc. endeavors to create up to
45 eligible net new jobs in their expanded Bozeman facility. The total amount to be
reimbursed to the assisted business under the Contract shall be up to $19.80 per eligible
net new job created by the assisted business for documented costs with reimbursement
not to exceed a total of $225,000, minus grant administration fees for the entire
Contract.
A net new job must pay the average weekly wage that meets or exceeds the
lesser of 170% of Montana's current minimum wage *AND/OR* the current average
weekly wage of the county in which the employees are to be principally employed. The
value of employee benefits can be included in this wage. The current average annual,
weekly and hourly wage thresholds may be obtained through the BSTF program web
site at https://marketmt.com/BSTF or may be requested from the Department. These
figures are based upon the average weekly wage data produced by the Montana
Department of Labor and Industry for the most current year available.
An eligible net new job is defined as the following:
1. A job that is new to the company and has not been filled prior to the BSTF
notice of award effective date;
2. A permanent, full time job, meaning a predominantly year-round position
requiring an average of 35 hours of work each week, and
3. A new job pays the BSTF required wage rates.
THE PROSPERA BUSINESS NETWORK:
The City and Prospera work collaboratively on numerous economic development
projects including past BSTF grants. As they have in the past, Prospera will provide grant
administration, contract management and reporting under the BSTF requirements.
Additionally, Prospera currently manages the City’s Revolving Loan Fund.
Once the grant is funded, Prospera will administer the BSTF grant, contracts and
satisfy reporting elements of the BSTF award. Through the Economic Development
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Department, the City will maintain oversight of the Prospera management of the BSTF
grant award as the recipient entity for the grant funds, as required by the DoC.
GRANT AGREEMENTS:
The following agreements must be entered into by the City to complete the
grant and provide the award to Gibson Brands, Inc.:
Montana Department of Commerce Big Sky Economic Development Trust Fund
Program Document, referred to as the Contract (# MT-BSTF -1-20-25), provides the
Category 1 funding to the City.
There are additional documents wherein the DoC will require City approval.
Authorization of this Consent item also authorizes the City Manager, or their designee,
to execute all additional documents to facilitate the grant award including:
1. The Management Plan identifies the grant management requirements of
the City, Prospera, and Gibson Brands, Inc.;
2. The Business Assistance Agreement between the City and Gibson Brands,
Inc. details the conditions Gibson Brands, Inc. must adhere to in order to
obtain the grant funds including the number of jobs, the salaries for the
jobs, the use of the funds, reporting, and other issues; and
3. The signed Budget Amendment Form reconciles the incoming grant funds
with the City’s overall budget. (Exhibit 6)
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: As part of the contract, Prospera will earn administrative fees based
upon the number of net new jobs Gibson Brands, Inc. creates over the next year.
Additionally, minimal City staff time is required to provide the appropriate review of
documents and approvals.
Please note that the Big Sky Trust Fund support provided by the City of Bozeman,
in longstanding partnership with Prospera, is not without financial risk, although the City
and Prospera work closely together with the assisted business to minimize the risk. If
the number of jobs identified in the contract is not filled by the assisted business, but
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grant dollars are received by the assisted business, the contract between the assisted
business and the City of Bozeman contains the following financial restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to
sustain that job for the requisite duration, then the Contractor
shall reimburse the Department all funds received for that job. If
the Assisted Business fails to create the required number of jobs,
then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases
operation at the Project Site, then the Contractor shall reimburse
the Department all funds received under this Contract.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
1. Fails to create or maintain the number of net
new eligible jobs as specified in the executed
contract and assistance agreement, or
2. Fails to inject the required amount of match into
the project as specified in the executed contract
and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has
overpaid based on the number of net new jobs at the end of
the contract period.
b. The business ceases operations at the Project Site within the
contract period.
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EXHIBITS:
1) November 18, 2019 packet material (Resolution 5115);
2) Governor’s Office Letter of Award dated January 21, 2020;
3) Montana Department of Commerce Letter of Award dated January 27, 2020;
4) Montana Department of Commerce, Big Sky Economic Development Trust Fund
Program Contract # MT-BSTF-1-20-25;
5) Business Assistance Agreement and Management Plan; and
6) Signed Big Sky Trust Fund Budget Amendment.
Report compiled on: 04-10-20
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Resolution 5115 Supporting the Application to the Big Sky Economic
Development Trust Fund Program, Administered by the Montana
Department of Commerce, on behalf of Gibson Brands, Inc. [Gibson]
MEETING DATE: November 18, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 5115 authorizing the City’s application for a Big Sky Trust
Fund Category I job creation grant on behalf of Gibson and administered
by The Prospera Business Network.
BACKGROUND: The Montana Department of Commerce administers the Big Sky Economic
Development Trust Fund Category I job creation program. This State-funded program is intended to
incentivize the creation of net new higher paying jobs; also a Bozeman City Commission priority. The
local governing body is required to apply for the grant on behalf of the business recipient as a co-
applicant with the local Certified Regional Development Corporation (CRDC). The Prospera Business
Network is local CRDC which includes Gallatin County. Should the grant be awarded, staff recommends
that the City Commission appoint The Prospera Business Network, our local CRDC, to administer all
aspects of the grant on behalf of the City of Bozeman.
Gibson, the world’s most iconic guitar brand, has shaped the sounds of generations of musicians
and music lovers across genres for more than 100 years. Founded in 1894, headquartered in Nashville,
TN, with a manufacturing center in Bozeman, Montana, Gibson, has a legacy of world-class
craftsmanship, legendary music partnerships and progressive product evolution that is unrivaled among
musical instrument companies. The Gibson Brands portfolio includes Gibson, the number one guitar
brand, as well as many of the most beloved and recognizable music brands, including Epiphone, Kramer,
Steinberger, and the Gibson Pro Audio division comprised of KRK, Cerwin Vega, and Stanton DJ. Gibson
Brands is dedicated to quality, innovation and sound excellence so that music lovers for generations to
come will continue to experience music shaped by Gibson Brands. We are proud to host Gibson in
Bozeman and endeavor to work with the company to assist in their local expansion.
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UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: If the application is successful, Gibson may be awarded up to $5,000 per net new
job with a target of eighty-one (81) net new jobs over the next twenty-four (24) months for a total grant
award, if all eighty-one (81) proposed new jobs are filled, of $405,000.
It is important to note that the Big Sky Trust Fund support provided by the City of Bozeman, in
longstanding partnership with Prospera, is not without financial risk, although the City and Prospera
work closely together with the assisted business to minimize the risk. If the number of jobs identified in
the contract is not filled by the assisted business, but grant dollars are received by the assisted business,
the contract between the assisted business and the City of Bozeman contains the following financial
restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to sustain that job for
the requisite duration, then the Contractor shall reimburse the Department all
funds received for that job. If the Assisted Business fails to create the required
number of jobs, then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount attributable to
actual jobs created. If the Assisted Business ceases operation at the Project Site,
then the Contractor shall reimburse the Department all funds received under this
Contract.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or tribal government
request the funds before the jobs are created, and the Department agrees to
that request, the local or tribal government and the assisted business receiving
BSTF financial assistance are liable for the full amount of the award that is
advanced by the Department, if the assisted business:
a. Fails to create or maintain the number of net new eligible jobs as
specified in the executed contract and assistance agreement, or
b. Fails to inject the required amount of match into the project as specified in the
executed contract and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has overpaid based on the
number of net new jobs at the end of the contract period.
b. The business ceases operations at the Project Site within the contract period.
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The City of Bozeman is the guarantor of BSTF grants and is ultimately responsible for any defaults.
In partnership with the Department of Commerce and Prospera, the City has supported multiple BSTF
assisted businesses.
ATTACHMENTS:
1) Resolution 5115; and
2) Gibson Signature Certification.
Report compiled on October 30, 2019.
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RESOLUTION NO. 5115
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING
TO THE APPLICATION TO BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM
ADMINISTERED BY THE STATE OF MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF
GIBSON BRANDS, INC [GIBSON].
WHEREAS, the Bozeman City Commission is committed to facilitating economic
diversification in the City and the region; and
WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high-wage
job creation and expansion, thus positively impacting the economy of the entire region; and
WHEREAS, Gibson, desires to expand their business and create additional manufacturing
jobs in Bozeman; and
WHEREAS, the City Commission has determined that manufacturing has high growth
potential, supports mid to high wage jobs and supports economic diversity; and
WHEREAS, the Montana Department of Commerce administers the Big Sky Economic
Development Trust Fund Category I job creation program, a state-funded program, to create
good paying jobs for Montana residents, promote long-term, stable economic growth in
Montana, create partnerships, expand existing businesses and provide a better life for future
generations through greater economic growth and prosperity; and
WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business
Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund
Economic Development Category I grant and provide administrative support and other
responsibility for the management and appropriate reporting to the Montana Department of
Commerce.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, the City agrees to submit an application, through The Prospera Business Network, to
the Montana Department of Commerce, Big Sky Economic Development Trust Fund Program to
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assist Gibson in their expansion project and that The Prospera Business Network will manage all
aspects of the grant.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 18th day of November, 2019.
CYNTHIA L. ANDRUS
Mayor
ATTEST:
ROBIN CROUGH, MPA
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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Steve Bullock Mike Cooney
GOVERNOR LT. GOVERNOR
STATE CAPITOL • P.O. BOX 200801 • HELENA, MONTANA 59620-0801
TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV
OFFICE OF THE GOVERNOR
STATE OF MONTANA
January 21, 2020
Mayor Chris Mehl
City of Bozeman
P O Box 1230
Bozeman, MT 59771-1230
RE: Notice of Big Sky Economic Development Trust Fund Grant Award for Gibson Brand, Inc.
Dear Mayor Mehl:
Congratulations! On behalf of the State of Montana, it is my pleasure to notify you that the City of Bozeman has
been awarded up to $225,000 from the Montana Department of Commerce – Big Sky Economic Development
Trust Fund (BSTF) Program to assist Gibson Brand, Inc. This award, effective January 14, 2020, is for Gibson
Brand, Inc. to purchase equipment and for wage reimbursement that will enable the business to create 45 net
new BSTF eligible jobs within one year.
My administration’s Main Street Montana business plan is built on the idea that public-private partnerships are
key to growing Montana’s economy. Every project funded through BSTF is a step toward the plan’s goals of
creating opportunities for today’s workforce to be stronger and more competitive for our next generation of
entrepreneurs. I want to personally thank you for partnering with the state to create jobs for Montanans.
The City of Bozeman will be contacted directly with more information in the coming weeks by the BSTF staff.
If you should have any questions, please contact Jenny Pelej, Division Administrator. Jenny can be reached at
(406) 841-2896 or by email at jpelej@mt.gov.
Again, congratulations and good luck on the successful completion of your project.
Sincerely,
STEVE BULLOCK
Governor
cc: Bryan Follis, Gibson Brand, Inc.
Alexa Freeburg, Prospera Business Network
Annmarie Robinson, Big Sky Economic Development Trust Fund Program
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Page 1 of 15
Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-20-25
Montana Department of Commerce Updated 12-26-18 City of Bozeman
MONTANA DEPARTMENT OF COMMERCE
BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM
CONTRACT # MT-BSTF-1-20-25
This Contract is entered into by City of Bozeman, P O Box 1230, Bozeman, Montana
59771-1230 (the “Contractor”), and the Montana Department of Commerce, Helena,
Montana (the “Department”).
The Contractor and the Department hereby agree to the following terms:
Section 1. PURPOSE
The purpose of this Contract is to provide funding for Big Sky Economic Development
Trust Fund (BSTF) Program (the Program) Economic Development Job Creation
Project activities approved by the Department which the Contractor has applied for project
funds pursuant to Sections 90-1-201 et seq., Montana Code Annotated (MCA).
Program funds have been awarded to assist the Contractor and Gibson Brands, Inc.,
1894 Orville Way, Bozeman, MT 59715 (the “Assisted Business”) with purchase of
equipment and for wage reimbursement and the creation of jobs in Montana.
The Assisted Business has agreed to create 45 eligible net new jobs at the project site
located in Bozeman (the “Project Site”) in the Contractor’s jurisdictional area within the
Contract time period. An eligible net new job is defined as one that is new to the company
and has not been filled before January 14, 2020. Eligible new job criteria is a full-time
job, meaning a predominantly year-round position requiring an average of 35 hours of
work each week, and pays wages that meet or exceed $19.80 per hour, including
employee benefits that meet the requirements of the Employee Retirement Income
Security Act of 1974, 29 U.S.C. 1001, et seq.
In addition, the Contractor and the Assisted Business have agreed to a total new
investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF
financial assistance received, within this Contract time period.
Section 2. SCOPE OF WORK
The Contractor hereby agrees to engage in Project activities as set forth in the
Contractor’s application, including any written modifications resulting from the review of
the application by the Department for Project assistance, all of which, by this reference
are made a part hereof.
The major components of the Project include the purchase of equipment and for wage
reimbursement and documentation that the matching requirement has been met and
documentation of eligible job creation in Bozeman, Montana, and the administration of
this Contract.
DocuSign Envelope ID: 0E5BF6F8-0954-41AC-85CA-5461448372CB
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Page 2 of 15
Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-20-25
Montana Department of Commerce Updated 12-26-18 City of Bozeman
The Contractor, at the request of and in the manner prescribed by Department, shall
install and display temporary signage providing recognition of the support provided by
Department.
Section 3. AUTHORITY
This Contract is issued under authority of Title 90, Chapter 1, Part 2, Montana Code
Annotated, and the Administrative Rules of Montana, Title 8, Chapter 99.
Section 4. APPLICATION INCORPORATED BY REFERENCE
The Contractor’s application for Program assistance and all appendices thereto, including
any written modifications resulting from the review of the application by the Department
(collectively, the “Project”), is incorporated into this Contract by this reference and the
representations made therein are binding on the Contractor.
Section 5. ACCEPTANCE OF PROGRAM REQUIREMENTS
(a) The Contractor shall comply with all applicable local, state, tribal, and federal laws,
regulations, ordinances, and resolutions, and all administrative directives and
procedures established by the Department, including all the provisions, guidelines
and requirements set forth on the Program’s website: http://bstf.mt.gov.
(b) The Contractor expressly agrees to repay to the Department any funds advanced
under this Contract that the Contractor, or its contractors, subcontractors, or sub
recipient entities, or any public or private agent or agency to which it delegates
authority to carry out portions of this Contract, expends in violation of the terms of
this Contract, the statutes and regulations governing the Program, or any
applicable local, state, tribal, or federal requirements.
Section 6. EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect on January 14, 2020 and will terminate upon
completion of the final closeout by the Department, or by January 14, 2021,
whichever comes first, unless otherwise terminated in accordance with the terms
of this Contract.
(b) All Program award monies must be expended by the Contractor within the timeline
specified in the Contractor’s application, which by reference is made a part of this
Contract. The Contractor may modify the implementation schedule set forth in the
Contractor’s application only upon obtaining prior approval of the Department.
(c) Each party, after termination of this Contract, remains subject to and obligated to
comply with all legal and continuing contractual obligations arising in relation to its
duties and responsibilities that may arise under the contract including, but not
limited to, record retention, audits, and indemnification.
DocuSign Envelope ID: 0E5BF6F8-0954-41AC-85CA-5461448372CB
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Page 3 of 15
Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-20-25
Montana Department of Commerce Updated 12-26-18 City of Bozeman
d) The Department reserves the right to extend this Contract based on but not limited
to the Contractor’s performance of the contracted activities, the Contractor’s
compliance with program requirements and the availability of program funding.
Section 7. BUDGET
(a) The total amount to be awarded to the Contractor under this Contract will not
exceed $225,000.00 to be used as follows:
• Up to $208,350.00 (or $4,630.00 per job) to assist the Assisted Business with
the purchase of equipment and for wage reimbursement; and
• Up to $16,650.00 (or $370.00 per job) for eligible administrative expenses.
(b) The Project budget is set forth in the application, as submitted by the Contractor
and approved by the Department, and as specifically incorporated by this
reference. The Department must approve budget adjustments to the Project in
advance. To obtain approval of a budget adjustment, the Contractor shall describe
the rationale for a budget adjustment in writing to the Department.
(c) Any Project expenses the Contractor fails to incur on or before January 14, 2021
will revert to the Big Sky Economic Development Trust Fund.
Section 8. CONDITIONS ON METHOD OF REIMBURSEMENT
(a) The total amount to be awarded to the Contractor under the Contract shall be up
to $5,000.00 per eligible net new job created by the Assisted Business for
documented costs with reimbursement not to exceed a total of $225,000.00 for the
entire Contract. The Department will not reimburse the Contractor for any costs
incurred prior to January 14, 2020, nor for any expenses not included in the
approved budget or not clearly and accurately supported by the Contractor’s
records.
(b) The Contractor and the Assisted Business shall satisfy the matching funds
requirements consistent with the purposes expressed in the application during the
period of the Contract and shall meet or exceed the 1:1 required match ratio.
(c) Unless otherwise authorized by the Department, the Contractor may receive award
funds periodically over the Contract period only upon documenting the expenditure
of the required matching funds and the creation of the eligible net new jobs by the
Assisted Business, and after incurring eligible expenses.
DocuSign Envelope ID: 0E5BF6F8-0954-41AC-85CA-5461448372CB
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-20-25
Montana Department of Commerce Updated 12-26-18 City of Bozeman
(d) The Department will use funds appropriated for the Program to fund awards to
those entities that have received a Notice of Award letter. The Contractor
acknowledges that its access to Program funds is subject to their availability.
(e) The Department agrees that, if and when the funds described in paragraph (a) of
this Section are available, the Department will authorize the Contractor to request
payment from Program funding awarded for the Contractor’s Project. In requesting
reimbursement, the Contractor will follow the instructions supplied by the
Department.
(f) The Contractor shall satisfy the matching funds requirements consistent with the
purposes expressed in the Contractor’s application during the period of the
Contract.
(g) The Department will only release funds to reimburse eligible and documented
costs. Funds can be requested by sending a Request for Payment, in the format
prescribed by the Department, signed by duly authorized representatives of the
Contractor.
(h) As further set forth in Section 5 ACCEPTANCE OF PROGRAM REQUIREMENTS,
and Section 24 TERMINATION OF CONTRACT, if the Contractor fails to or is
unable to comply with any of the terms and conditions of this Contract, any costs
incurred will be the Contractor’s sole responsibility and the Contractor agrees to
repay to the Department any funds advanced under the Contract.
(i) The Project funds may not be used to cover any costs incurred by the Contractor
prior to January 14, 2020, for any expenses not included in the Contractor’s
application or an approved adjustment thereto, or for any expenses not clearly and
adequately supported by the Contractor’s records.
(j) Once the Department has determined a Request for Payment to be complete, the
Department is allowed thirty (30) working days to process a Request for Payment.
The Contractor shall provide signatory and banking information at the time of
Contract execution in order to facilitate electronic funds transfer payments. The
Department may withhold payments to the Contractor if the Contractor has
breached the terms of this Contract.
(k) If actual Project expenses are less than projected in the budget, the Department,
at its discretion, may reduce the amount of BSTF funds to be provided to the
Contractor accordingly.
(l) If the Department determines that the Contractor has failed to satisfactorily carry
out its responsibilities under this Contract, the Department may withhold payment
to the Contractor until such time as the parties agree on a plan to remedy the
deficiency.
DocuSign Envelope ID: 0E5BF6F8-0954-41AC-85CA-5461448372CB
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-20-25
Montana Department of Commerce Updated 12-26-18 City of Bozeman
(m) The Department reserves the right to withdraw a commitment of any Program
funds for projects not ready to proceed within three (3) months after the date of
tentative award.
(n) If the Assisted Business creates an eligible new job but fails to sustain that job for
the requisite duration, then the Contractor shall reimburse the Department all funds
received for that job. If the Assisted Business fails to create the required number
of jobs, then the Contractor shall reimburse the Department the difference between
the total amount advanced and the amount attributable to actual jobs created. If
the Assisted Business ceases operation at the Project Site, then the Contractor
shall reimburse the Department all funds received under this Contract.
(o) At the request of the Department, Requests for Payment for contracted or
subcontracted services must attach appropriate documentation demonstrating
compliance with contract requirements.
(p) The Contractor may not use monies provided through this Contract as payment for
Project costs that are reimbursed from other sources.
(q) The Department will withhold ten percent (10%) of the total amount awarded to the
Contractor until the Department approves the complete job creation and all tasks
outlined in Section 2 SCOPE OF WORK are completed by the Contractor and
approved by the Department.
Section 9. REPORTING REQUIREMENTS
(a) Quarterly Project Progress Reports. Unless otherwise specified by the
Department, the Contractor will also submit Project Progress Reports quarterly to
the Department until the Contractor receives Contract closeout approval from the
Department. The Project Progress Report must be provided on or before April
30th to cover the January 1-March 31 reporting period, July 31st to cover the April
1-June 30 reporting period, October 31st to cover the July 1-September 30
reporting period, and January 31st to cover the October 1-December 31 reporting
period, for each year of the Contract period and at closeout of the Contract. These
reports will describe the status of the activities set forth in Section 2 SCOPE OF
WORK, including, at a minimum:
• Certified employment documentation from the Assisted Business that includes
the breakdown of jobs created, using the Job Status Spreadsheet and
accompanying Job Certification Form; Written Progress Report that should
include the following items:
o detailing progress towards achieving the hiring objectives and project
goals that were described in the application;
o projected completion date;
o any difficulties encountered in working towards these goals;
DocuSign Envelope ID: 0E5BF6F8-0954-41AC-85CA-5461448372CB
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Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-20-25
Montana Department of Commerce Updated 12-26-18 City of Bozeman
o any changes within the assisted business structure, business name
or changes to its registration with the Montana Secretary of State’s
office;
o any other pertinent information
(b) The employment level of Gibson Brand, Inc. one day prior to the contract effective
date of January 14, 2020 is 144 permanent, full-time employees onsite, per the
certified baseline job report.
(c) The report must also describe any significant problems encountered in carrying
out the Project and the scope of any necessary modifications the Contractor is
requesting in the SCOPE OF WORK, BUDGET, or Project implementation
schedule. The State, at its discretion, may decline to honor the final ten percent
(10%) Request for Payment if any required project progress reports have not been
submitted.
(d) Request for Payment with Report. Request for Payment with reports must include
all items listed in Section 9(a), plus the following:
• The Request for Payment Form signed by two authorized representatives,
• Project Progress Report detailing progress towards achieving the hiring
objectives and project goals that were described in the application as well as
describing any difficulties encountered in working towards these goals,
• Approved documentation verifying eligible costs were incurred,
• Documentation of matching funds expended to date.
(e) Project Closeout. Upon completion of the final Project, the Contractor will submit
a signed final Project Completion Report. The Project Completion report should
include all items in Section 9(a) and (c), with a request for payment for the final
10% of the award.
• Once the Department accepts the final Project Completion Report and the final
payment is processed, the Contractor will complete a Closeout Certification
Form.
• Once the Department approves the Closeout Certification Form from the
Contractor, the Department will officially closeout the project and send a letter
of closeout to the Contractor.
The Department may request additional documentation, when in the exercise of its
judgment such documentation is needed to confirm performance.
To assist the Department with program performance reporting, the BSTF award recipient
may be required to provide annual project updates for 3 years after the close of the
contract.
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Section 10. LIAISONS
The contact persons for this Contract are:
For the Department:
Annmarie Robinson (or successor)
Section Manager, Big Sky Economic Development Trust Fund Program, MDOC
P.O. Box 200505
Helena, MT 59620-0505
406-841-2250
For the Contractor:
Chris Mehl (or successor)
Mayor, City of Bozeman
P O Box 1230
Bozeman, MT 59771-1230
406-581-4992
Section 11. PROJECT MEETINGS
(a) Progress Meetings. During the term of the Contract, the Department may plan and
schedule progress meetings with the Contractor to discuss the progress made by
the Contractor and the Department in the performance of their respective
obligations. These progress meetings may include the parties’ liaisons and any
other additional personnel involved in the performance of the contract as required.
At each such meeting, the Contractor may be requested to provide the Department
with a written status report that identifies any problem or circumstance
encountered by the Contractor, or of which the Contractor gained knowledge
during the period since the last such status report, which may prevent the
Contractor from completing any of its obligations or may generate charges in
excess of those previously agreed to by the parties. Contractor may be requested
to identify the amount of excess charges, if any, and the cause of any identified
problem or circumstance and the steps taken to remedy the same.
(b) Technical or Contractual Problems. The Contractor is required to meet with the
Department’s liaison to resolve technical or contractual problems that may occur
during the term of the Contract, at no additional cost to the Department. Meetings
will occur as problems arise and will be coordinated by the Department. Failure to
participate in problem resolution meetings or failure to make a good faith effort to
resolve problems may result in termination of the Contract.
Section 12. ACCESS TO AND RETENTION OF RECORDS
The Contractor shall create and maintain records of the services covered by this Contract,
including but not limited to financial records, supporting documents, and such other
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records as are required by law or other authority, and to provide the Department, Montana
Legislative Auditor, or their authorized agent’s access to any records necessary to
determine contract compliance. (Mont. Code Ann. § 18-1-118.) The Contractor agrees
to create and retain records supporting the services rendered or supplies delivered for a
period of three (3) years after either the completion date of the Contract or the conclusion
of any claim, litigation, or exception relating to the Contract taken by the State of Montana
or third party, whichever is later. These records will be kept in the Contractor’s offices in
City of Bozeman, Montana.
Section 13. PROJECT MONITORING
(a) The Department or any of its authorized agents may monitor and inspect all phases
and aspects of the Contractor’s performance to determine compliance with the
SCOPE OF WORK, the proper use of Program funds, and other technical and
administrative requirements of this Contract, including the adequacy of the
Contractor’s records and accounts. The Department will advise the Contractor of
any specific areas of concern and provide the Contractor opportunity to propose
corrective actions acceptable to the Department.
(b) Failure by the Contractor to proceed with reasonable promptness to take
necessary corrective actions shall be a default. If the Contractor’s corrective
actions remain unacceptable, the Department may terminate this Contract in whole
or in part, or reduce the contract price or award to reflect the reduced value of
services received.
Section 14. COMPLIANCE WITH APPLICABLE LAWS
The Contractor must, in performance of work under the Contract, fully comply with all
applicable federal, state, or local laws, rules and regulations, including Executive Order
No. 12-2015 Amending and Providing For Implementation of the Montana Sage Grouse
Conservation Strategy , the Montana Human Rights Act, the Civil Rights Act of 1964, the
Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section
504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable Care Act
(“Affordable Care Act”). Any subletting or subcontracting by the Contractor subjects
subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207,
Executive Order No. 04-2016, the Grantee agrees that the hiring of persons to perform
the Contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions
related to childbirth, political or religious affiliation or ideas, culture, creed, social origin or
condition, genetic information, sexual orientation, gender identity or expression, national
origin, ancestry, age, disability, military service or veteran status, or marital status.
The Affordable Care Act requires a Contractor, if Contractor is an applicable large
employer under the ACA, to provide healthcare coverage for its employees, who provide
services for the State and work for 30 or more hours per week. This coverage must also
cover the eligible employee’s dependents under the age of 26.
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The coverage must (a) meet the minimum essential coverage, minimum value, and
affordability requirements of the employer responsibility provisions under Section 4980H
of the Code (ACA), and (b) otherwise satisfy the requirements of the Code § 4980 H
(ACA) if provided by the State.
Section 15. AVOIDANCE OF CONFLICT OF INTEREST
The Contractor will comply with all applicable laws regarding the avoidance of conflict of
interest. In addition, the Contractor agrees that none of its officers, employees, or agents
will solicit or accept gratuities, favors, or anything of monetary value from contractors,
subcontractors, or potential contractors and subcontractors, who provide or propose to
provide services relating to the project funded under this Contract.
Section 16. ACCOUNTING, COST PRINCIPLES, AND AUDITING
(a) The Contractor, in accordance with Section 18-4-311, MCA and other authorities,
must maintain for the purposes of this Contract an accounting system of
procedures and practices that conforms to Generally Accepted Accounting
Principles (GAAP).
(b) The Department or any other legally authorized governmental entity or their
authorized agents may, at any time during or after the term of this Contract,
conduct, in accordance with Sections 2-7-503, 5-13-304, and 18-1-118, MCA and
other authorities, audits for the purposes of ensuring the appropriate
administration, expenditure of the monies, and delivery of services provided
through this Contract.
Section 17. OWNERSHIP AND PUBLICATION OF MATERIALS
All reports, information, data, and other materials prepared by the Contractor, or any of
its contractors or subcontractors, in furtherance of this Contract are the property of the
Contractor and the Department, which both have the royalty-free, nonexclusive, and
irrevocable right to reproduce, publish or otherwise use, and to authorize others to use,
in whole or part, such property and any information relating thereto. No material produced
in whole or part under this Contract may be copyrighted or patented in the United States
or in any other country without the prior written approval of the Department and the
Contractor.
Section 18. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
(a) The Contractor may not assign, transfer, delegate, or subcontract, in whole or part,
this Contract or any right or duty arising under this Contract, unless the Department
in writing approves the assignment, transfer, delegation, or subcontract.
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(b) Any assignment, transfer, delegation, or subcontract entered into by the Contractor
must be in writing, must be subject to the terms and conditions of this Contract,
and must contain any further conditions as may be required by the Department.
(c) The Department’s approval of any assignment, transfer, delegation, or subcontract
neither makes the Department a party to that contract nor creates any right, claim,
or interest in favor of any party to that contract against the Department.
(d) The Contractor must immediately notify the Department of any litigation concerning
any assignment, transfer, delegation, or subcontract.
Section 19. HOLD HARMLESS AND INDEMNIFICATION
The Contractor agrees to protect, defend, and save the Department, its elected and
appointed officials, agents, and employees, while acting within the scope of their duties
as such, harmless from and against all claims, demands, causes of action of any kind or
character, including the cost of defense thereof, to the extent arising in favor of the
Contractor’s employees or third parties on account of bodily or personal injuries, death,
or damage to property arising out of Contractor’s negligence in connection with services
performed or omissions of services or in any way resulting from the negligent acts or
omissions of the Contractor and/or its agents, employees, representatives, assigns,
contractors, subcontractors, except the sole negligence of the Department under this
agreement.
Section 20. INSURANCE
(a) General Requirements. Contractor shall maintain and shall assure that its
representatives, assigns, and subcontractors maintain for the duration of the
Contract, at their own cost and expense, liability insurance against claims for
injuries to persons or damages to property, which may arise from or in connection
with the performance of the duties and obligations in the Contract by Contractor,
its agents, employees, representatives, assigns, or subcontractors. This insurance
shall cover such claims as may be caused by any negligent act or omission. The
Department, its officers, officials, and employees are to be covered as additional
insured's for all claims arising out of the use of award proceeds provided by the
State of Montana.
(b) General Liability Insurance. At its sole cost and expense, the Contractor shall
purchase occurrence coverage with minimum combined single limits of $1 million
per occurrence and $2 million aggregate per year, or as established by statutory
Tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a
self-insurance pool insuring counties, cities, or towns, as authorized under Section
2-9-211, MCA.
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(c) Professional Liability Insurance. Contractor shall assure that any representatives,
assigns, and subcontractors performing professional services under this Contract
purchase occurrence coverage with combined single limits for each wrongful act
of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if
"occurrence" coverage is unavailable or cost prohibitive, the Contractor may
provide "claims made" coverage provided the following conditions are met: (I) the
commencement date of the contract must not fall outside the effective date of
insurance coverage and it will be the retroactive date for insurance coverage in
future years; and (2) the claims made policy must have a three (3) year tail for
claims that are made (filed) after the cancellation or expiration date of the policy.
(d) Property Insurance. At its sole cost and expense, the Contractor shall maintain
property and hazard insurance, including course of construction coverage, and
earthquake insurance in areas where there is a shaking level above 10g (see map
at http://www.rmtd.mt.gov/content/aboutus/publications/files/NEHRP.pdf) for loss
or damage for any building and all related improvements and contents therein on
the premises on a replacement cost basis throughout the term of the contract.
(e) General Provisions. All insurance coverage shall be placed with a carrier licensed
to do business in the State of Montana or by a domiciliary state and with a Best's
rating of at least A-, or by a public entity self-insured program either individually or
on a pool basis as provided by Title 2, MCA. All certificates and endorsements are
to be received by the Department prior to beginning any activity provided for under
the Contract. Contractor shall notify the Department immediately of any material
change in insurance coverage, such as changes in limits, coverage, change in
status of policy, etc. The Department reserves the right to request complete copies
of Contractor's insurance policy including endorsements at any time.
Section 21. INDEPENDENT CONTRACTOR
The Contractor and its employees or agents performing under this Contract are not
employees or agents of the Department. The Contractor will not claim to be an officer or
employee of the Department by reason of this Contract, nor will it make any claim of right,
privilege or benefit which would accrue to a civil service employee of the State of
Montana.
Section 22. DEBARMENT
The Contractor certifies and agrees to ensure during the term of this Contract that neither
it nor its principals, contractors, or subcontractors are debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this Contract
by any governmental department or agency. If the Contractor cannot certify this
statement, it has attached a written explanation for review by the Department.
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Section 23. CONTRACT AMENDMENT
Except as otherwise set forth herein, this Contract may not be enlarged, modified, or
altered except upon written agreement by all parties to the Contract.
Section 24. TERMINATION OF CONTRACT
This Contract may only be terminated in whole or in part as follows:
(a) Termination Due to Loss or Reduction of Funding. The Department, at its sole
discretion, may terminate or reduce the scope of this Contract if available funding
sources are eliminated or reduced for any reason. If a termination or modification
is so required, the Department may, if sufficient program funds are available,
compensate the Contractor for eligible services rendered and actual, necessary,
and eligible expenses incurred as of the revised termination date. The Department
will notify the Contractor of the effective date of the termination or modification of
this Contract and, if a reduction in funding is required, will provide the Contractor
with a modified Project budget.
(b) Termination for Cause with Notice to Cure Requirement. The Department may
terminate this Contract for failure of the Contractor, its contractors, or
subcontractors to perform or comply with any of the services, duties, terms or
conditions contained in this Contract after giving the Contractor written notice of
the stated failure. The written notice will demand performance of the stated failure
within a specified period of time of not less than thirty (30) days. If the demanded
performance is not completed within the specified period, the termination is
effective at the end of the specified period.
(c) Effect of Termination. In the event of termination due to the Contractor's, its
contractors', or subcontractors' failure to perform or comply with any of the
services, duties, terms, or conditions of this Contract, the Contractor shall return
all funds received under this Contract. Any costs incurred will be the responsibility
of the Contractor. However, at its sole discretion, the Department may approve
requests by the Contractor for reimbursement of expenses incurred. The
Department’s decision to authorize payment of any costs incurred or to recover
expended Program funds will be based on a consideration of the extent to which
the expenditure of those funds represented a good faith effort of the Contractor to
comply with the any of those services, duties, terms, or conditions of this Contract,
and on whether the failure to comply with any of those services, duties, terms, or
conditions resulted from circumstances beyond the Contractor's control.
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Section 25. DEFAULT
Failure on the part of either party to perform the provisions of the Contract constitutes
default. Default may result in the pursuit of remedies for breach of contract as set forth
herein or as otherwise legally available, including but not limited to damages and specific
performance.
Section 26. NO WAIVER OF BREACH
No failure by the Department to enforce any provisions hereof after any event of breach
shall be deemed a waiver of its rights with regard to that event, or any subsequent event.
No express failure of any event of breach shall be deemed a waiver of any provision
hereof. No such failure or waiver shall be deemed a waiver of the right of the Department
to enforce each and all of the provisions hereof upon any further or other breach on the
part of the Contractor.
Section 27. COMPLIANCE WITH WORKERS’ COMPENSATION ACT
The Contractor accepts responsibility for supplying, and requiring all subcontractors to
supply, the Department with proof of compliance with the Montana Workers’
Compensation Act while performing work for the State of Montana. (Mont. Code Ann. §§
39-71-401, 39-71-405, and 39-71-417.) Neither the Contractor nor its employees are
employees of the State. The proof of insurance/exemption must be in the form of workers’
compensation insurance, an independent contractor exemption, or documentation of
corporate officer status and must be received by the Department within 10 working days
of the execution of this Contract, and must be kept current for the entire term of the
contract.
CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF
SECTION 24 TERMINATION OF CONTRACT IF THE CONTRACTOR FAILS TO
PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME
FRAME.
Coverage may be provided through a private carrier or through the State Compensation
Insurance Fund (406) 444-6500. An exemption can be requested through the
Department of Labor and Industry, Employment Relations Division (406) 444-1446.
Corporate officers must provide documentation of their exempt status.
Section 28. FORCE MAJEURE
Neither party shall be responsible for failure to fulfill its obligations due to causes beyond
its reasonable control, including without limitation, acts or omissions of government or
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military authority, acts of God, materials shortages, transportation delays, fires, floods,
labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly
beyond the reasonable control of the non-performing party, so long as such party is using
its best efforts to remedy such failure or delays.
Section 29. SEPARABILITY
A declaration by any court, or any other binding legal forum, that any provision of the
Contract is illegal and void shall not affect the legality and enforceability of any other
provision of the Contract, unless the provisions are mutually dependent.
Section 30. NOTICE
All notices required under the provisions of the Contract must be in writing and delivered
to the parties’ liaisons identified herein either by first class mail or personal service.
Section 31. NO ARBITRATION
Unless otherwise agreed to in writing or provided for by law, arbitration is not available to
the parties as a method of resolving disputes that would arise under the Contract.
Section 32. REFERENCE TO CONTRACT
The Contract number must appear on all invoices, reports, and correspondence
pertaining to the Contract.
Section 33. JURISDICTION AND VENUE
This Contract is governed by the laws of Montana. The parties agree that any litigation
concerning this Contract must be brought in the First Judicial District in and for the County
of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney
fees. (Section 18-1-401, MCA).
Section 34. FUNDING ACKNOWLEDGEMENT
All materials developed wholly or in part by the funding provided under the Contract shall
state that “The funding for the (insert name of project) was funded (in part, if applicable)
by an award from the Montana Department of Commerce.” Any variations from this
language must be approved by the Department prior to use. The Department of
Commerce logo is also available for use upon request.
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Section 35. INTEGRATION
This contract contains the entire agreement between the parties, and no statements,
promises, or inducements of any kind made by either party, or the agents of either party,
not contained herein or in a properly executed amendment hereto are valid or binding.
Amendments to this contract must be signed by both parties.
IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have caused
this Contract to be executed on the dates set out below.
By: ________________________________________________________________
Chris Mehl Date
Mayor, City of Bozeman
ATTEST:
_______________________________________________________________
Mike Maas Date
Interim City Clerk
By: ________________________________________________________________
Tara Rice Date
Director, Montana Department of Commerce
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Contract Information Sheet
Division staff are required to complete the items in blue print.
Contract Number: MT-BSTF-1-20-25 Division:
Contractor's Name: City of Bozeman MOTBD
Contractor (Signee) Name: Chris Mehl
Contractor's Email: cmehl@bozeman.net
Contractor's Address: P O Box 1230 Vendor Number:
Contractor's Address 2: Bozeman, MT 59771 23437
Begin Date:
1/14/2020
Duns Number: N/A End Date: 1-14-21
(Federal Funds Required)
Current Term Amount: 225,000.00 Absolute End Date:
Total Contract Value: 225,000.00 N/A
Organization Number: 535301 Original Contract FY:
RFP Number (if applicable): N/A FY__20____
Program Number: 51 Funding Source:
Contract Type: Grant State
(Standard, Sole Source, Exigency, Term Contract, Lease, MOU, PO, Grant) (State, Federal, Both, Other)
Contract Usage: As Needed
(As Needed, Fixed, No Cost)
Liaison: Debi Davidson Program Manager: Annmarie Robinson
Liaison Email: ddavidson2@mt.gov Bureau Chief: Wayne Johnston
Liaison Phone: 406-841-2792 Additional Email: arobinson3@mt.gov
bfontenot@bozeman.net
afreeburg@prosperamt.org
Mike Maas mmaas@bozeman.net
Signatures: Carbon Copies:
Division Adminstrator Liaison:
Fiscal Review Director (> $200K):
Legal Counsel Deputy Director (<$25K):
Deputy Director Perceptive
OBPP
DocuSign Envelope ID: 0E5BF6F8-0954-41AC-85CA-5461448372CB
3/18/2020
3/19/2020
3/19/2020
104
Certificate Of Completion
Envelope Id: 0E5BF6F8095441AC85CA5461448372CB Status: Sent
Subject: Montana Department of Commerce Contract #MT-BSTF-1-20-25 for Signature
Source Envelope:
Document Pages: 16 Signatures: 3 Envelope Originator:
Certificate Pages: 6 Initials: 0 Contracts Admin
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
PO Box 200501
301 S. Park Ave
Helena, MT 596200501
doccontracts@esign.mt.gov
IP Address: 161.7.97.33
Record Tracking
Status: Original
3/17/2020 2:33:26 PM
Holder: Contracts Admin
doccontracts@esign.mt.gov
Location: DocuSign
Signer Events Signature Timestamp
Jennifer Pelej
jpelej@mt.gov
Division Administrator
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 98.127.122.100
Sent: 3/17/2020 2:40:08 PM
Viewed: 3/18/2020 3:35:30 PM
Signed: 3/18/2020 3:35:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Heidi Sampson
hsampson@esign.mt.gov
MT Dept of Commerce
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 161.7.39.7
Sent: 3/18/2020 3:35:38 PM
Viewed: 3/19/2020 1:38:37 PM
Signed: 3/19/2020 1:38:43 PM
Electronic Record and Signature Disclosure:
Accepted: 4/5/2016 4:30:45 PM
ID: afa40be6-2498-4bee-aeeb-4ff484d96ce4
Amy Barnes
AmyBarnes@mt.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.127.139.101
Sent: 3/19/2020 1:38:45 PM
Viewed: 3/19/2020 1:50:26 PM
Signed: 3/19/2020 1:50:38 PM
Electronic Record and Signature Disclosure:
Accepted: 3/19/2020 1:50:26 PM
ID: 1e4c8fda-f1f9-48f7-8d43-2be0430011d2
Tara Rice
tara.rice@mt.gov
Director
Security Level: Email, Account Authentication
Signer Events Signature Timestamp
Amy Sassano
asassano@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Mehl
cmehl@bozeman.net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mike Maas
mmass@bozeman.net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tara Rice
tara.rice@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/19/2020 1:57:32 PM
ID: 68a79320-f9b6-493b-a905-f7b8f8852e41
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Alexa Freeburg
afreeburg@prosperamt.org
Security Level: Email, Account Authentication
(None)
Sent: 3/17/2020 2:40:09 PM
Viewed: 3/17/2020 8:55:52 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annmarie Robinson
arobinson3@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 3/17/2020 2:40:09 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brit Fontenot
bfontenot@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 3/17/2020 2:40:09 PM
Viewed: 3/23/2020 7:16:38 AM
Electronic Record and Signature Disclosure:
Accepted: 6/16/2015 8:35:10 AM
ID: 79fd0248-abf5-4575-a049-509ecf212ba1
106
Carbon Copy Events Status Timestamp
Debi Davidson
ddavidson2@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 3/17/2020 2:40:08 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cyndi Davis
CDavis3@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/19/2020 1:50:40 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
107
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, MT Dept of Commerce (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the
DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below
carefully and thoroughly, and if you can access this information electronically to your
satisfaction and agree to these terms and conditions, please confirm your agreement by clicking
the ‘I agree’ button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
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Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM
Parties agreed to: Heidi Sampson, Amy Barnes, Tara Rice, Tara Rice, Brit Fontenot
108
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Business Assistance Agreement with Management Plan 1 Government and Assisted Business
AGREEMENT BETWEEN the City of Bozeman
AND Gibson Brands, Inc.
BSTF Grant #: MT-BSTF-1-20-25
A. PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box
1230, Bozeman, MT 59771-1230, (the “City”), and Gibson Brands, Inc., 1894 Orville Way,
Bozeman, MT 59715, (the “Assisted Business”); Tax identification number 73-1244520.
B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $225,000
in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as follows:
• Up to $208,350 to assist with the purchase of equipment and wage reimbursement
for net new jobs created.
a. The Assisted Business has agreed to create 45 eligible net new jobs at the project
site located at 1894 Orville Way, Bozeman, MT 59715 (the “Project Site”) in the
Government’s jurisdictional area within the Contract time period. An eligible net
new job is defined as one that is new to the company and has not been filled on or
before January 14, 2020. Eligible new job criteria are a full-time job, meaning a
predominantly year-round position requiring an average of 35 hours of work each week;
and
b. Pays wages that meet or exceed $19.80 per hour, including employee benefits that
meet the requirements of the Employee Retirement Income Security Act of 1974, 29
U.S.C. 1001, etand et seq...
c. In addition, Gibson Brands, Inc. has agreed to a total new investment at the Project
Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance
received or up to $225,000 within this Contract time period, to satisfy the required match
ratio for the grant.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties
hereto agree as follows:
1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities
as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF
application, including any written modifications resulting from the review of the application by the
Department for grant assistance, all of which, by this reference are made a part hereof. The
Government shall enter into this Assistance Agreement with the Assisted Business that shall be
approved in writing by the Department before the release of funds. The Government will only
release funds to reimburse eligible and documented costs. Management of the BSTF grant is
referenced in the attached Exhibit A of this Contract.
2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will
also submit Project Progress Reports quarterly to the Government and the Department until the
Assisted Business receives Contract closeout approval from the Government and Department.
The Project Progress Report must be provided on or before April 15, July 15, October 15 and
January 15 for each year of the Contract time period and at closeout of the Contract. The
Project Progress Reports shall include, but are not limited to, the following information:
111
Business Assistance Agreement with Management Plan 2 Government and Assisted Business
• Certified employment documentation from the Assisted Business that includes the
breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job
Certification Form; and
• Written Progress Report that should include the following items:
o detailing progress towards achieving the hiring objectives and project goals
that were described in the application with projected completion date;
o any difficulties encountered in working towards these goals;
o any changes within the assisted business structure, business name or
changes to its registration with the Montana Secretary of State’s office; and
o any other pertinent information.
In drawing against the reserved amount, the Assisted Business shall:
• Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet
and Certification as noted above;
• Provide documentation of eligible reimbursable costs/match-usually consultant
invoices; and
• Update the Invoice Tracking spreadsheet, with updates of latest invoices included.
3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted
Business under the Contract shall be up to $4,630 per eligible net new job created by the Assisted
Business, for documented costs with reimbursement not to exceed a total of $208,350 for the
entire Contract.
The City of Bozeman will not reimburse the Assisted Business for any costs incurred prior to
January 14, 2020 nor for any expenses not included in the approved budget or not clearly and
accurately supported by the Assisted Business’s records.
a) The City of Bozeman will authorize the Assisted Business to draw up to $208,350 (total
BSTF award, minus grant administration) against the funding reserved for the Assisted
Business by the Department. Unless otherwise authorized by the City of Bozeman, the
Assisted Business may receive grant funds periodically over the Contract period only upon
documenting the expenditure of the required matching funds and the creation of the eligible
net new jobs by the Assisted Business, and after incurring eligible expenses.
b) If the City of Bozeman, determines that the Assisted Business has failed to satisfactorily
carry out the duties and responsibilities under the Contract, the City of Bozeman may
revoke the Assisted Business's ability to access additional funds until such time as the
Government and the Assisted Business agree on a plan to remedy the deficiency.
c) The City of Bozeman, may recapture funds and return funds to the Department if:
• At the end of the contract period the Department has overpaid based on the
number of net new jobs at the end of the contract period; or
• The Assisted Business ceases operations at the Project Site within the contract
period.
d) The City of Bozeman, reserves the right to withdraw a commitment for any BSTF funds
which remain un-disbursed at Contract closeout or at the end of the Contract period.
112
Business Assistance Agreement with Management Plan 3 Government and Assisted Business
e) The Assisted Business certifies that no request for reimbursement submitted for eligible
expenses under this Contract shall duplicate any expense submitted to the Department for
reimbursement under any other program administered by the Department.
4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing January
14, 2020 and will expire once the Montana Department of Commerce officially closes out the
BSTF grant award to the City of Bozeman.
With approval by the Department, the City of Bozeman, reserves the right to extend this Contract
based on, but not limited to, the Assisted Business’s performance of the contracted activities, and
the Assisted Business’s compliance with program requirements. This would include but not
limited to:
a) The Assisted Business has created the net new jobs paying the BSTF wage rate per the
original application; and
b) The submission of:
• a new Job Creation Report and executed Certification Form;
• A formal request from the City of Bozeman, that provides the Department with a
clear picture of the current business activities which clearly outlines why a contract
extension is being requested;
• A new hiring plan that covers the extension period; and
• Any additional information as requested by the Department in making their
determination of approval.
5. LIAISON: The contact person for the City of Bozeman, is Brit Fontenot, Director of
Economic Development (406) 582-2258, or successor, and (Jackie O’Reilly 406-587-4117, ext
4129) or successor for the Assisted Business.
6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and
signing the Job Creation Certification for the Assisted Business is (James R. Curleigh, CEO 800-
444-2766), or successor in the same job role, and (Bryan Follis, Tax Director 615-871-4500, ext.
2412), or successor in the same job role. Note: It is recommended by BSTF that multiple
signatories are listed here to ensure timely draw request submission when needed.
7. PROJECT MONITORING: The Department or any of its authorized agents may monitor and
inspect all phases and aspects of the Contractor’s performance to determine compliance with the
SCOPE OF WORK, the proper use of Program funds, and other technical and administrative
requirements of this Contract, including the adequacy of the Contractor’s records and accounts.
The Department will advise the Contractor of any specific areas of concern and provide the
Contractor opportunity to propose corrective actions acceptable to the Department.
Failure by the Contractor to proceed with reasonable promptness to take necessary corrective
actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the
Department may terminate this Contract in whole or in part, or reduce the contract price or award
to reflect the reduced value of services received.
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Business Assistance Agreement with Management Plan 4 Government and Assisted Business
78. COMPLIANCE WITH WORKERS’ COMPENSATION ACT: The Assisted Business
accepts responsibility for supplying, and requiring all subcontractors to supply, the City of
Bozeman with proof of compliance with the Montana Workers’ Compensation Act while
performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-
71-417.) Neither the Assisted Business nor its employees are employees of the Government.
The proof of insurance/exemption must be in the form of workers’ compensation insurance, an
independent contractor exemption, or documentation of corporate officer status and must be
received by the Government within 10 working days of the execution of this Contract, and must
be kept current for the entire term of the contract.
CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 11
TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS FAILS TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
Coverage may be provided through a private carrier or through the State Compensation Insurance
Fund (406) 444-6500. An exemption can be requested through the Department of Labor and
Industry, Employment Relations Division (406) 444-1446. Corporate officers must provide
documentation of their exempt status.
89. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the
Assisted Business agrees to provide the Government, Montana Department of Commerce,
Legislative Auditor or their authorized agents, access to any records necessary to determine
contract compliance. The Assisted Business agrees to create and retain records supporting the
BSTF project activities for a period of three years after either the completion date of the Contract
or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State
of Montana or third party.
910. TERMINATION OF CONTRACT: This Contract may only be terminated in whole or in part
as follows:
a) Termination Due to Loss or Reduction of Funding. The Government, at its sole
discretion, may terminate or reduce the scope of this Contract if available funding sources
are eliminated or reduced for any reason. If a termination or modification is so required,
the Government may, if sufficient program funds are available, compensate the Assisted
Business for eligible services rendered and actual, necessary, and eligible expenses
incurred as of the revised termination date. The Government will notify the Assisted
Business of the effective date of the termination or modification of this Contract and, if a
reduction in funding is required, will provide the Assisted Business with a modified Project
budget.
b) Termination for Cause with Notice to Cure Requirement. The Government may
terminate this Contract for failure of the Assisted Business, its contractors, or
subcontractors to perform or comply with any of the services, duties, terms or conditions
contained in this Contract after giving the Assisted Business written notice of the stated
failure. The written notice will demand performance of the stated failure within a specified
period of time of not less than thirty (30) days. If the demanded performance is not
completed within the specified period, the termination is effective at the end of the specified
period.
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Business Assistance Agreement with Management Plan 5 Government and Assisted Business
c) Effect of Termination. In the event of termination due to the Assisted Business’s, its
contractors', or subcontractors' failure to perform or comply with any of the services, duties,
terms, or conditions of this Contract, any costs incurred will be the responsibility of the
Assisted Business. However, at its sole discretion, the Government may approve requests
by the Assisted Business for reimbursement of expenses incurred. The Government’s
decision to authorize payment of any costs incurred or to recover expended Program funds
will be based on a consideration of the extent to which the expenditure of those funds
represented a good faith effort of the Assisted Business to comply with the any of those
services, duties, terms, or conditions of this Contract, and on whether the failure to comply
with any of those services, duties, terms, or conditions resulted from circumstances beyond
the Assisted Business’s control.
101. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under
this Contract, fully comply with all applicable federal, state, local and tribal laws, rules and
regulations, including Executive Order No. 12-2015 Amending and Providing For Implementation
of the Montana Sage Grouse Conservation Strategy , the Montana Human Rights Act, the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of
1990, and Section 504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable
Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Assisted Business
subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207,
Executive Order No. 04-2016, the Assisted Business agrees that the hiring of persons to perform
the Contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to
childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic
information, sexual orientation, gender identity or expression, national origin, ancestry, age,
disability, military service or veteran status, or marital status.
The Affordable Care Act requires an Assisted Business, if the Assisted Business is an
applicable large employer under the ACA, to provide healthcare coverage for its employees,
who provide services for the State and work for 30 or more hours per week. This coverage
must also cover the eligible employee’s dependents under the age of 26. The coverage must
(a) meet the minimum essential coverage, minimum value, and affordability requirements of the
employer responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise
satisfy the requirements of the Code § 4980 H (ACA) if provided by the State.
James Curleigh, CEO Date
Gibson Brands, Inc
Bryan Follis, Tax Director Date
Gibson Brands, Inc
Chris MehlDennis Taylor, City Managerayor Date
City of Bozeman
ATTEST:
______________________________ _____________________________
Mike Maas, Interim City Clerk Legal Review
115
Business Assistance Agreement with Management Plan 6 Government and Assisted Business
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Business Assistance Agreement with Management Plan 7 Government and Assisted Business
Exhibit A
MANAGEMENT PLAN
On January 14, 2020, the City of Bozeman was awarded a grant from the Big Sky Economic
Development Trust Fund (BSTF) Program to assist Gibson Brands, Inc. with equipment and wage
reimbursement and the creation of jobs in Montana. Prospera Business Network (PBN) will be
responsible for assisting with the administration of the BSTF grant. This Management Plan is
written to assure proper management of the BSTF grant, which includes financial management
of grant funds, compliance with state and federal requirements, and the timely start-up and
completion of project activities.
A. ADMINISTRATIVE STRUCTURE
1. City of Bozeman GOVERNMENT
The following persons will have lead responsibility for administering the Government’s BSTF grant
to facilitate an expansion of the Assisted Business:
a. Dennis TaylorChris Mehl, as the City of Bozeman’s City ManagerMayor, will
have responsibility for all official contacts with the Montana Department of
Commerce (Department). The City of Bozeman Commissioners will have the
ultimate authority and responsibility for the implementation of the Government’s
BSTF grant to facilitate an expansion of the Assisted Business. The City of
Bozeman Commissioners will approve and sign administrative documents and
approve all payment requests to the BSTF program. The City of Bozeman
Commissioners will approve all contracts and payment requests. The telephone
number for the Chief Elected Official is (406) 582-238306.
b. Greg Sullivan, The City of Bozeman’s Attorney, will review any proposed
contractual agreements associated with the BSTF grant, advise the Commissioners
regarding the agreements, and provide any other legal guidance as requested.
Telephone: (406) 582-2309.
c. Kristin Donald, City of Bozeman, Finance Director, has been designated as the
Fiscal Officer and will be responsible for maintaining all financial records related to
the BSTF grant funds for the Government. Telephone: (406) 582-2321.
d. Mike Maas, Interim City Clerk, will be responsible for maintaining all official
records related to the BSTF grant for the Government. Telephone: (406) 582-2321
e. Brit Fontenot, City of Bozeman, Director of Economic Development, has been
designated as the Project Manager and will be responsible for maintaining records
related to the management of the BSTF grant funds for the Government. This
contact will be the liaison between the EDO, the Commissioners and the
Government Attorney. Telephone: (406) 582-2258.
2. Prospera Business Network, ECONOMIC DEVELOPMENT ORGANIZATION (EDO)
The EDO will provide general technical assistance, coordination of funding sources, assurances
of compliance with all applicable state requirements for the BSTF grant program. The Government
117
Business Assistance Agreement with Management Plan 8 Government and Assisted Business
has designated the EDO as its Administrator. The following EDO personnel will be responsible
for the project:
a. Paul Reichert, Executive Director, will be responsible for all official contacts with
the Government on behalf of the EDO. Telephone: (406) 587-3113.
b. Alexa Freeburg, Grants Manager, will serve as the EDO Administrator and will be
responsible for overall coordination of the BSTF grant awarded to the Government.
Telephone: (406) 587-3113.
3. Gibson Brands, Inc., ASSISTED BUSINESS
The following Assisted Business Officer will be responsible for the implementation of the project:
a. Bryan Follis, Tax Director, will serve as the Business Official for the Assisted
Business. This person will have responsibility for all official contacts with the
Government. Telephone: (615) 871-4500, ext: 2412.
b. Jackie O’Reilly, Controller, will serve as the Business Contact for the Assisted
Business and will be the liaison with the EDO and the BSTF Department Staff.
Telephone: (406) 587-4117, ext: 4129.
B. PROJECT MANAGEMENT
1. Brit Fontenot, Director of Economic Development, will:
a. Work with the EDO Administrator and the Department in the timely execution of the
BSTF contract between the Government and the Department.
b. Work with the EDO Administrator and the Assisted Business in the development of
a Business Assistance Agreement.
c. Make appropriate recommendations and route all contract documents,
administrative documents, and payments as necessary.
d. Review all proposed expenditures of BSTF funds to ensure compliance with the
BSTF contract.
e. Review, approve, and submit the BSTF payment requests, after preparation by EDO
Administrator and approval by the City of Bozeman, to the BSTF Program,
Montana Department of Commerce, and ensure disbursement of funds.
f. Review and approve all BSTF closeout documents.
2. Prospera Business Network will serve as, EDO Administrator, responsible for the
following day to day project activities and will:
a. Assisting the Government and the Department in developing the Government
contract, along with all the required paperwork, with the Department that will address
all requirements related to effective project start-up and implementation.
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Business Assistance Agreement with Management Plan 9 Government and Assisted Business
b. Assisting the Government and the Assisted Business with the preparation of a
Business Assistance Agreement.
c. Establishing and maintaining complete and accurate project files and preparing all
documentation and reports incidental to administration of the project.
d. Assist the assisted business with the baseline and subsequent Job Creation Report
and Job Creation Certification.
e. Meet regularly with the Assisted Business to monitor the business’s compliance with
the requirements of the grant assistance agreement including implementation of the
project hiring or hiring/training plan.
f. Reviewing all proposed project expenditures or payment requests from the business
to ensure their propriety and proper allocation of expenditures to the BSTF project
budget.
g. In cooperation with the Project Manager, processing payment requests and
preparing payment requests for the Department, including the Request for Payment
Form and the Project Progress Report with each payment request and quarterly as
specified by the Department.
h. Assist the Government during the BSTF on-site monitoring visit which is conducted
to ensure compliance with the requirements of the BSTF contract.
i. Preparing all required performance reports and Project Closeout Certification for
submittal to the Department.
j. Closing the BSTF project in a timely fashion within the period of the contract
between the Department and the Government.
k. Attending City of Bozeman Commissioners meetings to provide project status
reports and representing the BSTF project at any other public meetings as deemed
necessary by the City.
l. It is understood and agreed that the EDO’s services within this Management Plan
does not include any of the following: the disbursement or accounting of funds
distributed by the Government’s financial officer, legal advice, fiscal audits or
assistance with activities not related to the BSTF project.
3. Jackie O’Reilly with Gibson Brands, Inc., will:
a. Will oversee the compliance with the proposed Hiring Plan as submitted in the BSTF
Application.
b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job
Creation Certifications and Progress Reports.
c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy
the matching funds requirement.
119
Business Assistance Agreement with Management Plan 10 Government and Assisted Business
d. Maintain own project files.
e. Assist the Project Manager, EDO Administrator with monitoring of the project.
f. Will notify the Government Project Manager, EDO Administrator and Montana
Department of Commerce of any changes within its business structure, business
name or changes to its registration with the Montana Secretary of State’s office.
C. FINANCIAL MANAGEMENT
As designed in the BSTF contract, the total amount of the BSTF award will not exceed $225,000.
1. Government – Awardee
The Fiscal Officer will be responsible for:
a. Depositing and recording the BSTF funds into the City of Bozeman’s existing
accounting system based on claims and supporting documents approved by the
Project Manager and City of Bozeman Commissioners.
b. Preparing checks/warrants for approved expenditures.
c. Disbursing funds in accordance with the Government’s established claim review
procedures.
d. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
e. The original financial documents (claims with all supporting documents attached) will
be retained in the Government’s offices.
2. Economic Development Organization - Administration Funds
a. Administrative payments will consist of reimbursement for $400 per eligible net new job
created by the Assisted Business
b. If an additional award is made for year two to the City of Bozeman, to assist Gibson
Brands, Inc., and for the creation of up to 36 jobs, that assistance reimbursement would
be for additional funds up to $180,000, with up to $13,320 for admin expenses and up
to an additional $166,680 to go to Gibson Brands, Inc.
3. Assisted Business - Project Funds
The Business Contact will be responsible for:
a. Supply invoices for reimbursement and match requirement and update the tracking
spreadsheet for completeness and accuracy.
b. Ensuring accurate deposit for each draw taken and recording the funds into the
Assisted Business’s existing accounting system.
120
Business Assistance Agreement with Management Plan 11 Government and Assisted Business
c. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
d. The original financial documents (claims with all supporting documents attached) will
be retained in the Assisted Business’s office files for at least three years.
The Government’s application to the Department for BSTF funding, dated January 14, 2020, and
all applicable federal and state statutes and regulations are incorporated into this Agreement by
this reference.
This Management Plan will expire once the Montana Department of Commerce officially closes
out the BSTF grant award to the Government.
WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE
MANAGEMENT AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE
PROJECT:
GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER
Brit Fontenot Date Kristin Donald Date
Director.ofDirector. o Of Economic Development Finance Director
City of Bozeman City of Bozeman
Prospera Business Network (EDO): BUSINESS CONTACT
Paul Reichert Date James R. Curleigh, CEO Date
Alexa Freeburg Date
121
Business Assistance Agreement with Management Plan 12 Government and Assisted Business
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ______ day
of _________________, 20__.
Chris MehlDennis Taylor Date
City Manageryor, City of Bozeman
James R. Curleigh, CEO Date
Gibson Brands, Inc.
122
Budget Amendment Form Posted:
Fiscal Year: ___2020____
Budgeted Revenues:
123-0000-331.20-00 GRANTS / STATE GRANTS $ 225,000
Budgeted Expenditures:
123-8240-459.70-99 OTHER / GENERAL
(pass-through grant expenditure to Gibson Brand, Inc.) $ 208,350
123-8240-459.70-99 OTHER / GENERAL
(administrative fee paid to Prospera Business Network) $ 16,650
Project Code: 821518 Gibson Brand, Inc BSTF Grant
Notes: This Budget Amendment is to authorize the receipt and expenditure of the Big
Sky Trust Fund award made to the City of Bozeman for pass-through to Gibson Brand, Inc.
The City has contracted Prospera as sub-recipient and administrator of the grant.
Authorization:
__________________________________ _________________
Interim City Manager Dennis Taylor Date
__________________________________ __________________
Finance Director Kristin Donald Date
DocuSign Envelope ID: 8A8FA8B8-75DB-497A-8D23-B15B066F6B4F
4/9/2020
4/7/2020
123
124
125
November 20, 2020
Tara Rice, Director
Big Sky Economic Development Trust Fund
Montana Department of Commerce
PO Box 200505
Helena, MT 59620-0505
RE: BSTF Category I Job Creation Grant: MT-BSTF-1-20-25
Dear Tara,
The City of Bozeman requests a 1 year extension to the Big Sky Economic Development Trust
fund grant for Gibson Brands, Inc. contract #MT-BSTF-1-20-25, which will end on January 14,
2021.
With COVID-19 and these uncertain times, Gibson Brands, Inc. respectfully requests
additional time to complete their year 1 and year 2 hiring projections.
As of November 16, 2020, Gibson Brands, Inc. has hired 40 new employees. Due to
COVID-19, 35 employees were terminated making 5 net new employees out of the 45
authorized under their BSTF Category I Job Creation grant awarded January 14, 2020.
A revised hiring plan, as well as a written request from Gibson Brands, Inc. is attached.
Gibson Brands, Inc. asks for 2nd year funding in the amount of $180,000 for 36 net new jobs.
Gibson Brands, Inc. remains a strong local company, creating jobs, wealth and exposure for
Bozeman. They are poised to begin construction on a building expansion by the end of 2020.
Continued support from the BSTF program will help ensure the company’s ongoing success.
Sincerely,
Brit Fontenot
City of Bozeman
Director of Economic Development
126
SCOTT OSTERMAN GREG GIANFORTE
DIRECTOR GOVERNOR
COMMERCE.MT.GOV | MARKETMT.COM
301 S. PARK AVE. | OFFICE OF TOURISM AND BUSINESS DEVELOPMENT - PO BOX 200533 | HELENA, MT 59620-0533
P: 406.841.2870 | F: 406.841.2871 | TDD: 406.841.2702
January 12, 2021
Mayor Cyndy Andrus
City of Bozeman
PO Box 1230
Bozeman MT 59771-1230
RE: Montana Department of Commerce’s Big Sky Economic Development Trust Fund
(BSTF) Program, Contract # MT-BSTF-1-20-25, Gibson Brands, Inc.
Dear Mayor Andrus:
The Department of Commerce has reviewed your request for an amendment to
the above referenced contract. The amendment request included:
• Extending the contract for one year; and
• Increasing the contract award by $180,000 for an additional 36 jobs.
The Department has approved the extension of time and the increase in funding
and jobs. The new contract amount will be $405,000 for the creation of 81 net
new jobs.
A contract amendment will be routed to you through DocuSign. We look forward
to successful completion of this grant.
Sincerely,
Wayne Johnston
Business Assistance Bureau Chief
c: Jackie O’Reilly, Gibson Brands, Inc.
Alexa Freeburg, Prospera Business Network
Annmarie Robinson, Big Sky Economic Development Trust Fund Program
DocuSign Envelope ID: 25CE564F-F864-48F3-AF85-CA20FB38CF6F
127
1 of 4
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-20-25
Montana Department of Commerce City of Bozeman
COMMERCE CONTRACT #MT-BSTF-1-20-25
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT # MT-BSTF-1-20-25A
This Contract Amendment is entered into by and between City of Bozeman, (“Contractor”) and the
Montana Department of Commerce (“Department”). Program funds have been awarded to assist the
Contractor and Gibson Brands, Inc.
The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-20-25
(“Contract”), executed by them on May 18, 2020 as follows:
1. Section 1. Purpose of the Contract is amended to read:
The purpose of this Contract is to provide funding for Big Sky Economic Development Trust
Fund (BSTF) Program (the Program) Economic Development Job Creation Project activities
approved by the Department which the Contractor has applied for project funds pursuant to
Sections 90-1-201 et seq., Montana Code Annotated (MCA).
Program funds have been awarded to assist the Contractor and Gibson Brands, Inc., 1894
Orville Way, Bozeman, MT 59715 (the “Assisted Business”) with purchase of equipment and
for wage reimbursement and the creation of jobs in Montana.
The Assisted Business has agreed to create 81 eligible net new jobs at the project site located
in Bozeman (the “Project Site”) in the Contractor’s jurisdictional area within the Contract time
period. An eligible net new job is defined as one that is new to the company and has not been
filled before January 14, 2020. Eligible new job criteria is a full-time job, meaning a predominantly
year-round position requiring an average of 35 hours of work each week, and pays wages that
meet or exceed $19.80 per hour, including employee benefits that meet the requirements of the
Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.
In addition, the Contractor and the Assisted Business have agreed to a total new investment
at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial
assistance received, within this Contract time period.
2. Section 6. Effective Date and Time of Performance of the Contract is amended to read:
(a) This Contract shall take effect on January 14, 2020 and will terminate upon completion
of the final closeout by the Department, or by January 14, 2022, whichever comes
first, unless otherwise terminated in accordance with the terms of this Contract.
(b) All Program award monies must be expended by the Contractor within the timeline
specified in the Contractor’s application, which by reference is made a part of this
DocuSign Envelope ID: 1B3BDDA6-0B77-4CDA-B591-15A655CAC061
128
2 of 4
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-20-25
Montana Department of Commerce City of Bozeman
Contract. The Contractor may modify the implementation schedule set forth in the
Contractor’s application only upon obtaining prior approval of the Department.
(c) Each party, after termination of this Contract, remains subject to and obligated to
comply with all legal and continuing contractual obligations arising in relation to its duties
and responsibilities that may arise under the contract including, but not limited to,
record retention, audits, and indemnification.
(d) The Department reserves the right to extend this Contract based on but not limited to
the Contractor’s performance of the contracted activities, the Contractor’s compliance
with program requirements and the availability of program funding.
3. Section 7. Budget of the Contract is amended to read:
(a) The total amount to be awarded to the Contractor under this Contract will not exceed
$405,000 to be used as follows:
• Up to $375,030 (or $4,630 per job) to assist the Assisted Business with the purchase
of equipment and for wage reimbursement; and
• Up to $29,970 (or $370 per job) for eligible administrative expenses.
(b) The Project budget is set forth in the application, as submitted by the Contractor and
approved by the Department, and as specifically incorporated by this reference. The
Department must approve budget adjustments to the Project in advance. To obtain
approval of a budget adjustment, the Contractor shall describe the rationale for a budget
adjustment in writing to the Department.
(c) Any Project expenses the Contractor fails to incur on or before January 14, 2022 will
revert to the Big Sky Economic Development Trust Fund.
4. Section 8. Conditions on Method of Reimbursement of the Contract is amended to read:
(a) The total amount to be awarded to the Contractor under the Contract shall be up to
$5,000.00 per eligible net new job created by the Assisted Business for documented costs
with reimbursement not to exceed a total of $405,000 for the entire Contract. The
Department will not reimburse the Contractor for any costs incurred prior to January
14, 2020, nor for any expenses not included in the approved budget or not clearly and
accurately supported by the Contractor’s records.
(b) The Contractor and the Assisted Business shall satisfy the matching funds requirements
consistent with the purposes expressed in the application during the period of the
Contract and shall meet or exceed the 1:1 required match ratio.
(c) Unless otherwise authorized by the Department, the Contractor may receive award
funds periodically over the Contract period only upon documenting the expenditure of
DocuSign Envelope ID: 1B3BDDA6-0B77-4CDA-B591-15A655CAC061
129
3 of 4
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-20-25
Montana Department of Commerce City of Bozeman
the required matching funds and the creation of the eligible net new jobs by the Assisted
Business, and after incurring eligible expenses.
(d) The Department will use funds appropriated for the Program to fund awards to those
entities that have received a Notice of Award letter. The Contractor acknowledges that
its access to Program funds is subject to their availability.
(e) The Department agrees that, if and when the funds described in paragraph (a) of this
Section are available, the Department will authorize the Contractor to request payment
from Program funding awarded for the Contractor’s Project. In requesting
reimbursement, the Contractor will follow the instructions supplied by the Department.
(f) The Contractor shall satisfy the matching funds requirements consistent with the
purposes expressed in the Contractor’s application during the period of the Contract.
(g) The Department will only release funds to reimburse eligible and documented costs.
Funds can be requested by sending a Request for Payment, in the format prescribed by
the Department, signed by duly authorized representatives of the Contractor.
(h) As further set forth in Section 5 ACCEPTANCE OF PROGRAM REQUIREMENTS, and
Section 24 TERMINATION OF CONTRACT, if the Contractor fails to or is unable to
comply with any of the terms and conditions of this Contract, any costs incurred will be
the Contractor’s sole responsibility and the Contractor agrees to repay to the
Department any funds advanced under the Contract.
(i) The Project funds may not be used to cover any costs incurred by the Contractor prior
to January 14, 2020, for any expenses not included in the Contractor’s application or an
approved adjustment thereto, or for any expenses not clearly and adequately supported
by the Contractor’s records.
(j) Once the Department has determined a Request for Payment to be complete, the
Department is allowed thirty (30) working days to process a Request for Payment. The
Contractor shall provide signatory and banking information at the time of Contract
execution in order to facilitate electronic funds transfer payments. The Department may
withhold payments to the Contractor if the Contractor has breached the terms of this
Contract.
(k) If actual Project expenses are less than projected in the budget, the Department, at its
discretion, may reduce the amount of BSTF funds to be provided to the Contractor
accordingly.
(l) If the Department determines that the Contractor has failed to satisfactorily carry out
its responsibilities under this Contract, the Department may withhold payment to the
Contractor until such time as the parties agree on a plan to remedy the deficiency.
(m) The Department reserves the right to withdraw a commitment of any Program funds for
projects not ready to proceed within three (3) months after the date of tentative award.
DocuSign Envelope ID: 1B3BDDA6-0B77-4CDA-B591-15A655CAC061
130
4 of 4
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-20-25
Montana Department of Commerce City of Bozeman
(n) If the Assisted Business creates an eligible new job but fails to sustain that job for the
requisite duration, then the Contractor shall reimburse the Department all funds
received for that job. If the Assisted Business fails to create the required number of jobs,
then the Contractor shall reimburse the Department the difference between the total
amount advanced and the amount attributable to actual jobs created. If the Assisted
Business ceases operation at the Project Site, then the Contractor shall reimburse the
Department all funds received under this Contract.
(o) At the request of the Department, Requests for Payment for contracted or
subcontracted services must attach appropriate documentation demonstrating
compliance with contract requirements.
(p) The Contractor may not use monies provided through this Contract as payment for
Project costs that are reimbursed from other sources.
(q) The Department will withhold ten percent (10%) of the total amount awarded to the
Contractor until the Department approves the complete job creation and all tasks
outlined in Section 2 SCOPE OF WORK are completed by the Contractor and approved
by the Department.
5. All other provisions of the Contract remain in full force and effect.
By: ________________________________________________________________
Cynthia Andrus, Mayor Date
City of Bozeman
ATTEST:
_______________________________________________________________
Mike Maas, Clerk Date
City of Bozeman
By: ________________________________________________________________
Adam Schafer, Deputy Director Date
Montana Department of Commerce
DocuSign Envelope ID: 1B3BDDA6-0B77-4CDA-B591-15A655CAC061
131
Contract Information Sheet
Division staff are required to complete the items in blue print.
Extension of terms and increase in funding.
Contract Number: MT-BSTF-1-20-25A Division:
Contractor's Name: City of Bozeman MOTBD
Contractor (Signee) Name: Cyndy Andrus
Contractor's Email: candrus@bozeman.net
Contractor's Address: P O Box 1230 Vendor Number:
Contractor's Address 2: Bozeman, MT 59771-1230 23437
Clerk Mike Mass
Cleark's Email: mmaas@bozeman.net Begin Date:
1/14/2020
Duns Number: N/A End Date:
(Federal Funds Required) 1/14/2022
Current Term Amount: 405,000.00 Absolute End Date:
Total Contract Value: 405,000.00 N/A
Organization Number: 535301 Original Contract FY:
RFP Number (if applicable): N/A FY__20____
Program Number: 51 Funding Source:
Contract Type: Grant State
(Standard, Sole Source, Exigency, Term Contract, Lease, MOU, PO, Grant) (State, Federal, Both, Other)
Contract Usage: As Needed
(As Needed, Fixed, No Cost)
Liaison: Annmarie Robinson Program Manager: Annmarie Robinson
Liaison Email: arobinson3@mt.gov Bureau Chief: Wayne Johnston
Liaison Phone: 406-841-2250 Additional Email:
Brit Frontenot bfontenot@bozeman.net
Alexa Freeburg afreeburg@prosperamt.org
mmaas@bozeman.net
Signatures: Carbon Copies:
Division Adminstrator Liaison:
Fiscal Review Director (> $200K):
Legal Counsel Deputy Director (<$25K):
Deputy Director Liaison:
OBPP
DocuSign Envelope ID: 1B3BDDA6-0B77-4CDA-B591-15A655CAC061
132
Certificate Of Completion
Envelope Id: 1B3BDDA60B774CDAB59115A655CAC061 Status: Sent
Subject: Montana Department of Commerce Contract #MT-BSTF-1-20-25A for Signature
Source Envelope:
Document Pages: 5 Signatures: 0 Envelope Originator:
Certificate Pages: 6 Initials: 0 Contracts Admin
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
PO Box 200501
301 S. Park Ave
Helena, MT 596200501
doccontracts@esign.mt.gov
IP Address: 161.7.39.7
Record Tracking
Status: Original
1/15/2021 8:46:32 AM
Holder: Contracts Admin
doccontracts@esign.mt.gov
Location: DocuSign
Signer Events Signature Timestamp
Jennifer Pelej
jpelej@mt.gov
Division Administrator
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2021 8:54:58 AM
Electronic Record and Signature Disclosure:
Accepted: 12/28/2020 1:25:25 PM
ID: 9b8042de-72b9-41a0-b769-1ab3369c8262
Heidi Sampson
hsampson@esign.mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/5/2016 4:30:45 PM
ID: afa40be6-2498-4bee-aeeb-4ff484d96ce4
Jessica Blumberg
Jessica.Blumberg@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Adam Schafer
adam.schafer@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Amy Sassano
asassano@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cyndy Andrus
candrus@bozeman.net
Security Level: Email, Account Authentication
(None)
133
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Accepted: 12/21/2020 12:14:47 PM
ID: 86d32aab-a02d-4128-b70c-315e6ba0465f
Mike Maas
mmaas@bozeman.net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/16/2020 4:50:43 PM
ID: 4129b73d-0b0e-4211-88ba-abc5787d0232
Adam Schafer
adam.schafer@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Alexa Freeburg
afreeburg@prosperamt.org
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2021 8:54:59 AM
Viewed: 1/15/2021 9:04:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brit Fontenot
bfontenot@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2021 8:54:59 AM
Viewed: 1/15/2021 9:55:15 AM
Electronic Record and Signature Disclosure:
Accepted: 6/16/2015 8:35:10 AM
ID: 79fd0248-abf5-4575-a049-509ecf212ba1
Mike Maas
mmaas@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2021 8:54:59 AM
Viewed: 1/15/2021 10:11:53 AM
Electronic Record and Signature Disclosure:
Accepted: 9/16/2020 4:50:43 PM
ID: 4129b73d-0b0e-4211-88ba-abc5787d0232
Annmarie Robinson
arobinson3@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2021 8:54:59 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
134
Carbon Copy Events Status Timestamp
Cyndi Davis
CDavis3@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/15/2021 8:54:59 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
135
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, MT Dept of Commerce (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
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consequences of your electing not to receive delivery of the notices and disclosures
Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM
Parties agreed to: Jennifer Pelej, Heidi Sampson, Cyndy Andrus, Mike Maas, Brit Fontenot, Mike Maas
136
electronically from us.
How to contact MT Dept of Commerce:
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137
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138
Business Assistance Agreement with Management Plan 1 Government and Assisted Business
AMENDED AGREEMENT BETWEEN the City of Bozeman
AND Gibson Brands, Inc.
BSTF Grant #: MT-BSTF-1-20-25A
A. PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box
1230, Bozeman, MT 59771-1230, (the “City”), and Gibson Brands, Inc., 1894 Orville Way,
Bozeman, MT 59715, (the “Assisted Business”); Tax identification number 73-1244520.
B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $225,000
$405,000 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as
follows:
• Up to $208,350 $375,030 to assist with the purchase of equipment and wage
reimbursement for net new jobs created.
a. The Assisted Business has agreed to create 45 81 eligible net new jobs at the
project site located at 1894 Orville Way, Bozeman, MT 59715 (the “Project Site”)
in the Government’s jurisdictional area within the Contract time period. An eligible
net new job is defined as one that is new to the company and has not been filled on or
before January 14, 2020. Eligible new job criteria are a full-time job, meaning a
predominantly year-round position requiring an average of 35 hours of work each week;
and
b. Pays wages that meet or exceed $19.80 per hour, including employee benefits that
meet the requirements of the Employee Retirement Income Security Act of 1974, 29
U.S.C. 1001, and et seq.
c. In addition, Gibson Brands, Inc. has agreed to a total new investment at the Project
Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance
received or up to $225,000 $405,000 within this Contract time period, to satisfy the
required match ratio for the grant.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties
hereto agree as follows:
1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities
as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF
application, including any written modifications resulting from the review of the application by the
Department for grant assistance, all of which, by this reference are made a part hereof. The
Government shall enter into this Assistance Agreement with the Assisted Business that shall be
approved in writing by the Department before the release of funds. The Government will only
release funds to reimburse eligible and documented costs. Management of the BSTF grant is
referenced in the attached Exhibit A of this Contract.
2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will
also submit Project Progress Reports quarterly to the Government and the Department until the
Assisted Business receives Contract closeout approval from the Government and Department.
The Project Progress Report must be provided on or before April 15, July 15, October 15 and
January 15 for each year of the Contract time period and at closeout of the Contract. The
Project Progress Reports shall include, but are not limited to, the following information:
139
Business Assistance Agreement with Management Plan 2 Government and Assisted Business
• Certified employment documentation from the Assisted Business that includes the
breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job
Certification Form; and
• Written Progress Report that should include the following items:
o detailing progress towards achieving the hiring objectives and project goals
that were described in the application with projected completion date;
o any difficulties encountered in working towards these goals;
o any changes within the assisted business structure, business name or
changes to its registration with the Montana Secretary of State’s office; and
o any other pertinent information.
In drawing against the reserved amount, the Assisted Business shall:
• Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet
and Certification as noted above;
• Provide documentation of eligible reimbursable costs/match-usually consultant
invoices; and
• Update the Invoice Tracking spreadsheet, with updates of latest invoices included.
3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted
Business under the Contract shall be up to $4,630 per eligible net new job created by the Assisted
Business, for documented costs with reimbursement not to exceed a total of $208,350 $375,030
for the entire Contract.
The City of Bozeman will not reimburse the Assisted Business for any costs incurred prior to
January 14, 2020 nor for any expenses not included in the approved budget or not clearly and
accurately supported by the Assisted Business’s records.
a) The City of Bozeman will authorize the Assisted Business to draw up to $208,350
$375,030 (total BSTF award, minus grant administration) against the funding reserved for
the Assisted Business by the Department. Unless otherwise authorized by the City of
Bozeman, the Assisted Business may receive grant funds periodically over the Contract
period only upon documenting the expenditure of the required matching funds and the
creation of the eligible net new jobs by the Assisted Business, and after incurring eligible
expenses.
b) If the City of Bozeman, determines that the Assisted Business has failed to satisfactorily
carry out the duties and responsibilities under the Contract, the City of Bozeman may
revoke the Assisted Business's ability to access additional funds until such time as the
Government and the Assisted Business agree on a plan to remedy the deficiency.
c) The City of Bozeman, may recapture funds and return funds to the Department if:
• At the end of the contract period the Department has overpaid based on the
number of net new jobs at the end of the contract period; or
• The Assisted Business ceases operations at the Project Site within the contract
period.
d) The City of Bozeman, reserves the right to withdraw a commitment for any BSTF funds
which remain un-disbursed at Contract closeout or at the end of the Contract period.
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Business Assistance Agreement with Management Plan 3 Government and Assisted Business
e) The Assisted Business certifies that no request for reimbursement submitted for eligible
expenses under this Contract shall duplicate any expense submitted to the Department for
reimbursement under any other program administered by the Department.
4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing January
14, 2020 and will expire once the Montana Department of Commerce officially closes out the
BSTF grant award to the City of Bozeman.
With approval by the Department, the City of Bozeman, reserves the right to extend this Contract
based on, but not limited to, the Assisted Business’s performance of the contracted activities, and
the Assisted Business’s compliance with program requirements. This would include but not
limited to:
a) The Assisted Business has created the net new jobs paying the BSTF wage rate per the
original application; and
b) The submission of:
• a new Job Creation Report and executed Certification Form;
• A formal request from the City of Bozeman, that provides the Department with a
clear picture of the current business activities which clearly outlines why a contract
extension is being requested;
• A new hiring plan that covers the extension period; and
• Any additional information as requested by the Department in making their
determination of approval.
5. LIAISON: The contact person for the City of Bozeman, is Brit Fontenot, Director of
Economic Development (406) 582-2258, or successor, and Jackie O’Reilly (406) 587-4117,
ext 4129 or successor for the Assisted Business.
6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and
signing the Job Creation Certification for the Assisted Business is James R. Curleigh, CEO 800-
444-2766, or successor in the same job role, and Bryan Follis, Tax Director 615-871-4500, ext.
2412, or successor in the same job role.
7. PROJECT MONITORING: The Department or any of its authorized agents may monitor and
inspect all phases and aspects of the Contractor’s performance to determine compliance with the
SCOPE OF WORK, the proper use of Program funds, and other technical and administrative
requirements of this Contract, including the adequacy of the Contractor’s records and accounts.
The Department will advise the Contractor of any specific areas of concern and provide the
Contractor opportunity to propose corrective actions acceptable to the Department.
Failure by the Contractor to proceed with reasonable promptness to take necessary corrective
actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the
Department may terminate this Contract in whole or in part, or reduce the contract price or award
to reflect the reduced value of services received.
8. COMPLIANCE WITH WORKERS’ COMPENSATION ACT: The Assisted Business
accepts responsibility for supplying, and requiring all subcontractors to supply, the City of
Bozeman with proof of compliance with the Montana Workers’ Compensation Act while
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Business Assistance Agreement with Management Plan 4 Government and Assisted Business
performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-
71-417.) Neither the Assisted Business nor its employees are employees of the Government.
The proof of insurance/exemption must be in the form of workers’ compensation insurance, an
independent contractor exemption, or documentation of corporate officer status and must be
received by the Government within 10 working days of the execution of this Contract, and must
be kept current for the entire term of the contract.
CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 11
TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS FAILS TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
Coverage may be provided through a private carrier or through the State Compensation Insurance
Fund (406) 444-6500. An exemption can be requested through the Department of Labor and
Industry, Employment Relations Division (406) 444-1446. Corporate officers must provide
documentation of their exempt status.
9. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the
Assisted Business agrees to provide the Government, Montana Department of Commerce,
Legislative Auditor or their authorized agents, access to any records necessary to determine
contract compliance. The Assisted Business agrees to create and retain records supporting the
BSTF project activities for a period of three years after either the completion date of the Contract
or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State
of Montana or third party.
10. TERMINATION OF CONTRACT: This Contract may only be terminated in whole or in part
as follows:
a) Termination Due to Loss or Reduction of Funding. The Government, at its sole
discretion, may terminate or reduce the scope of this Contract if available funding sources
are eliminated or reduced for any reason. If a termination or modification is so required,
the Government may, if sufficient program funds are available, compensate the Assisted
Business for eligible services rendered and actual, necessary, and eligible expenses
incurred as of the revised termination date. The Government will notify the Assisted
Business of the effective date of the termination or modification of this Contract and, if a
reduction in funding is required, will provide the Assisted Business with a modified Project
budget.
b) Termination for Cause with Notice to Cure Requirement. The Government may
terminate this Contract for failure of the Assisted Business, its contractors, or
subcontractors to perform or comply with any of the services, duties, terms or conditions
contained in this Contract after giving the Assisted Business written notice of the stated
failure. The written notice will demand performance of the stated failure within a specified
period of time of not less than thirty (30) days. If the demanded performance is not
completed within the specified period, the termination is effective at the end of the specified
period.
c) Effect of Termination. In the event of termination due to the Assisted Business’s, its
contractors', or subcontractors' failure to perform or comply with any of the services, duties,
terms, or conditions of this Contract, any costs incurred will be the responsibility of the
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Business Assistance Agreement with Management Plan 5 Government and Assisted Business
Assisted Business. However, at its sole discretion, the Government may approve requests
by the Assisted Business for reimbursement of expenses incurred. The Government’s
decision to authorize payment of any costs incurred or to recover expended Program funds
will be based on a consideration of the extent to which the expenditure of those funds
represented a good faith effort of the Assisted Business to comply with the any of those
services, duties, terms, or conditions of this Contract, and on whether the failure to comply
with any of those services, duties, terms, or conditions resulted from circumstances beyond
the Assisted Business’s control.
11. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under
this Contract, fully comply with all applicable federal, state, local and tribal laws, rules and
regulations, including Executive Order No. 12-2015 Amending and Providing For Implementation
of the Montana Sage Grouse Conservation Strategy , the Montana Human Rights Act, the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of
1990, and Section 504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable
Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Assisted Business
subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207,
Executive Order No. 04-2016, the Assisted Business agrees that the hiring of persons to perform
the Contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to
childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic
information, sexual orientation, gender identity or expression, national origin, ancestry, age,
disability, military service or veteran status, or marital status.
The Affordable Care Act requires an Assisted Business, if the Assisted Business is an
applicable large employer under the ACA, to provide healthcare coverage for its employees,
who provide services for the State and work for 30 or more hours per week. This coverage
must also cover the eligible employee’s dependents under the age of 26. The coverage must
(a) meet the minimum essential coverage, minimum value, and affordability requirements of the
employer responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise
satisfy the requirements of the Code § 4980 H (ACA) if provided by the State.
James Curleigh, CEO Date
Gibson Brands, Inc
Bryan Follis, Tax Director Date
Gibson Brands, Inc
Dennis Taylor Jeff Mihelich, City Manager Date
City of Bozeman
ATTEST:
______________________________ _____________________________
Mike Maas, Interim City Clerk Legal Review
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Business Assistance Agreement with Management Plan 6 Government and Assisted Business
Exhibit A
MANAGEMENT PLAN
On January 14, 2020, the City of Bozeman was awarded a grant from the Big Sky Economic
Development Trust Fund (BSTF) Program to assist Gibson Brands, Inc. with equipment and wage
reimbursement and the creation of jobs in Montana. Prospera Business Network (PBN) will be
responsible for assisting with the administration of the BSTF grant. This Management Plan is
written to assure proper management of the BSTF grant, which includes financial management
of grant funds, compliance with state and federal requirements, and the timely start-up and
completion of project activities.
A. ADMINISTRATIVE STRUCTURE
1. City of Bozeman GOVERNMENT
The following persons will have lead responsibility for administering the Government’s BSTF grant
to facilitate an expansion of the Assisted Business:
a. Dennis Taylor Jeff Mihelich, as the City of Bozeman’s City Manager, will have
responsibility for all official contacts with the Montana Department of Commerce
(Department). The City of Bozeman Commissioners will have the ultimate
authority and responsibility for the implementation of the Government’s BSTF grant
to facilitate an expansion of the Assisted Business. The City of Bozeman
Commissioners will approve and sign administrative documents and approve all
payment requests to the BSTF program. The City of Bozeman Commissioners
will approve all contracts and payment requests. The telephone number for the Chief
Elected Official is (406) 582-2306.
b. Greg Sullivan, City of Bozeman’s Attorney, will review any proposed contractual
agreements associated with the BSTF grant, advise the Commissioners regarding
the agreements, and provide any other legal guidance as requested. Telephone:
(406) 582-2309.
c. Kristin Donald, City of Bozeman, Finance Director, has been designated as the
Fiscal Officer and will be responsible for maintaining all financial records related to
the BSTF grant funds for the Government. Telephone: (406) 582-2321.
d. Mike Maas, Interim City Clerk, will be responsible for maintaining all official
records related to the BSTF grant for the Government. Telephone: (406) 582-2321
e. Brit Fontenot, City of Bozeman, Director of Economic Development, has been
designated as the Project Manager and will be responsible for maintaining records
related to the management of the BSTF grant funds for the Government. This
contact will be the liaison between the EDO, the Commissioners and the
Government Attorney. Telephone: (406) 582-2258.
2. Prospera Business Network, ECONOMIC DEVELOPMENT ORGANIZATION (EDO)
The EDO will provide general technical assistance, coordination of funding sources, assurances
of compliance with all applicable state requirements for the BSTF grant program. The Government
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Business Assistance Agreement with Management Plan 7 Government and Assisted Business
has designated the EDO as its Administrator. The following EDO personnel will be responsible
for the project:
a. Paul Reichert, Executive Director, will be responsible for all official contacts with
the Government on behalf of the EDO. Telephone: (406) 587-3113.
b. Alexa Freeburg, Grants Manager, will serve as the EDO Administrator and will be
responsible for overall coordination of the BSTF grant awarded to the Government.
Telephone: (406) 587-3113.
3. Gibson Brands, Inc., ASSISTED BUSINESS
The following Assisted Business Officer will be responsible for the implementation of the project:
a. Bryan Follis, Tax Director, will serve as the Business Official for the Assisted
Business. This person will have responsibility for all official contacts with the
Government. Telephone: (615) 871-4500, ext: 2412.
b. Jackie O’Reilly, Controller, will serve as the Business Contact for the Assisted
Business and will be the liaison with the EDO and the BSTF Department Staff.
Telephone: (406) 587-4117, ext: 4129.
B. PROJECT MANAGEMENT
1. Brit Fontenot, Director of Economic Development, will:
a. Work with the EDO Administrator and the Department in the timely execution of the
BSTF contract between the Government and the Department.
b. Work with the EDO Administrator and the Assisted Business in the development of
a Business Assistance Agreement.
c. Make appropriate recommendations and route all contract documents,
administrative documents, and payments as necessary.
d. Review all proposed expenditures of BSTF funds to ensure compliance with the
BSTF contract.
e. Review, approve, and submit the BSTF payment requests, after preparation by EDO
Administrator and approval by the City of Bozeman, to the BSTF Program,
Montana Department of Commerce, and ensure disbursement of funds.
f. Review and approve all BSTF closeout documents.
2. Prospera Business Network will serve as, EDO Administrator, responsible for the
following day to day project activities and will:
a. Assisting the Government and the Department in developing the Government
contract, along with all the required paperwork, with the Department that will address
all requirements related to effective project start-up and implementation.
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Business Assistance Agreement with Management Plan 8 Government and Assisted Business
b. Assisting the Government and the Assisted Business with the preparation of a
Business Assistance Agreement.
c. Establishing and maintaining complete and accurate project files and preparing all
documentation and reports incidental to administration of the project.
d. Assist the assisted business with the baseline and subsequent Job Creation Report
and Job Creation Certification.
e. Meet regularly with the Assisted Business to monitor the business’s compliance with
the requirements of the grant assistance agreement including implementation of the
project hiring or hiring/training plan.
f. Reviewing all proposed project expenditures or payment requests from the business
to ensure their propriety and proper allocation of expenditures to the BSTF project
budget.
g. In cooperation with the Project Manager, processing payment requests and
preparing payment requests for the Department, including the Request for Payment
Form and the Project Progress Report with each payment request and quarterly as
specified by the Department.
h. Assist the Government during the BSTF on-site monitoring visit which is conducted
to ensure compliance with the requirements of the BSTF contract.
i. Preparing all required performance reports and Project Closeout Certification for
submittal to the Department.
j. Closing the BSTF project in a timely fashion within the period of the contract
between the Department and the Government.
k. Attending City of Bozeman Commissioners meetings to provide project status
reports and representing the BSTF project at any other public meetings as deemed
necessary by the City.
l. It is understood and agreed that the EDO’s services within this Management Plan
does not include any of the following: the disbursement or accounting of funds
distributed by the Government’s financial officer, legal advice, fiscal audits or
assistance with activities not related to the BSTF project.
3. Jackie O’Reilly with Gibson Brands, Inc., will:
a. Will oversee the compliance with the proposed Hiring Plan as submitted in the BSTF
Application.
b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job
Creation Certifications and Progress Reports.
c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy
the matching funds requirement.
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Business Assistance Agreement with Management Plan 9 Government and Assisted Business
d. Maintain own project files.
e. Assist the Project Manager, EDO Administrator with monitoring of the project.
f. Will notify the Government Project Manager, EDO Administrator and Montana
Department of Commerce of any changes within its business structure, business
name or changes to its registration with the Montana Secretary of State’s office.
C. FINANCIAL MANAGEMENT
As designed in the BSTF contract, the total amount of the BSTF award will not exceed $225,000
$375,030.
1. Government – Awardee
The Fiscal Officer will be responsible for:
a. Depositing and recording the BSTF funds into the City of Bozeman’s existing
accounting system based on claims and supporting documents approved by the
Project Manager and City of Bozeman Commissioners.
b. Preparing checks/warrants for approved expenditures.
c. Disbursing funds in accordance with the Government’s established claim review
procedures.
d. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
e. The original financial documents (claims with all supporting documents attached) will
be retained in the Government’s offices.
2. Economic Development Organization - Administration Funds
a. Administrative payments will consist of reimbursement for $400 $370 per eligible net
new job created by the Assisted Business
b. If an additional award is made for year two to the City of Bozeman, to assist Gibson
Brands, Inc., and for the creation of up to 36 jobs, that assistance reimbursement would
be for additional funds up to $180,000, with up to $13,320 for admin expenses and up
to an additional $166,680 to go to Gibson Brands, Inc.
3. Assisted Business - Project Funds
The Business Contact will be responsible for:
a. Supply invoices for reimbursement and match requirement and update the tracking
spreadsheet for completeness and accuracy.
b. Ensuring accurate deposit for each draw taken and recording the funds into the
Assisted Business’s existing accounting system.
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Business Assistance Agreement with Management Plan 10 Government and Assisted Business
c. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
d. The original financial documents (claims with all supporting documents attached) will
be retained in the Assisted Business’s office files for at least three years.
The Government’s application to the Department for BSTF funding, dated January 14, 2020, and
all applicable federal and state statutes and regulations are incorporated into this Agreement by
this reference.
This Management Plan will expire once the Montana Department of Commerce officially closes
out the BSTF grant award to the Government.
WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE
MANAGEMENT AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE
PROJECT:
GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER
Brit Fontenot Date Kristin Donald Date
Director of Economic Development Finance Director
City of Bozeman City of Bozeman
Prospera Business Network (EDO): BUSINESS CONTACT
Paul Reichert Date James R. Curleigh, CEO Date
Alexa Freeburg Date
148
Business Assistance Agreement with Management Plan 11 Government and Assisted Business
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 20
th
day of
April, 2020 13th day of January, 2021.
Dennis Taylor Jeff Mihelich Date
City Manager, City of Bozeman
James R. Curleigh, CEO Date
Gibson Brands, Inc.
149
TO: Jeff Mihelich, City Manager
FROM: Kristin Donald, Finance Director
DATE: SUBJECT: Administrative Budget Amendment (Grant)‐ Big Sky Trust Fund Award
BACKGROUND:
This budget amendment is to authorize the receipt and expenditure of the Big Sky Trust Fund Award made
to the City of Bozeman for pass‐through to PaymAlexa Freeburg. The City has contracted with Prospera
for the administration of the grant for PaymAlexa Freeburg (MT‐BSTF‐01‐20‐25A).
123‐0000‐331.20‐00 GRANTS/STATE GRANTS $180,000
123‐8240‐459.70‐99 OTHER/General $180,000
Project Code: 821519
Please sign below to demonstrate your approval of the roll forward of the funds in the attachment.
__________________________________________ ________________
Jeff Milhelich, City Manager Dtae
Kristin Donald
Finance Director
Attached:
DocuSign Envelope ID: C6C36CEA-E544-41EB-8E47-F9DCC2974AD4
2/1/2021
150
DocuSign Envelope ID: C6C36CEA-E544-41EB-8E47-F9DCC2974AD4
151
Memorandum
REPORT TO: City Commission
FROM: David Fine, Urban Renewal Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:
Authorize the City Manager to Sign a Grant Agreement with Stonefly Capital,
LLC for Completion of the ELM Event Center
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Agreement - Vendor/Contract
RECOMMENDATION:
Authorize the City Manager to sign a grant agreement with Stonefly Capital,
LLC for Completion of the ELM Event Center.
STRATEGIC PLAN: 2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
The ELM is a 1,200 person event and entertainment venue that is being
constructed in Midtown. While the project did not initially seek any tax
increment finance (TIF) assistance, the pandemic has devastated the live
entertainment industry and placed the completion of the project in
jeopardy. The ELM applied for TIF assistance from the Midtown Urban
Renewal District (MURD) on September 3, 2020 and the Midtown Urban
Renewal Board unanimously recommended the approval of their grant
request. The request includes reimbursement for adjacent public
infrastructure costs, impact fees and demolition of the previous structure.
The City Commission previously approved a change order to the N. 7th
Streetscape Project that integrated adjacent sidewalk improvements for the
ELM into the larger City project. As a result, the overall size of the
reimbursement request has been reduced. The grant agreement requires
that the ELM be completed as an music venue and event center and remain
such a venue for at least 5 years. The project addresses several of the goals
of the Midtown Urban Renewal Plan. A thorough analysis of the project and
its conformance with the Midtown Urban Renewal Plan is provided in the
attached Staff Report for the Midtown Urban Renewal Board.
UNRESOLVED ISSUES: None.
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ALTERNATIVES: At the discretion of the Bozeman City Commission.
FISCAL EFFECTS: Approval of the grant will necessitate the inclusion of $233,000 in funding
within the Midtown Urban Renewal District Work Plan and Budget for Fiscal
Year 2022.
Attachments:
Midtown TIF assistance grant agreement-The Elm-01-14-21
FINAL.docx
The Elm Staff Report.pdf
Report compiled on: February 1, 2021
153
MIDTOWN TIF ASSISTANCE PROGRAM
GRANT AGREEMENT
THIS GRANT AGREEMENT is made and entered into this ____ day of __________, 202__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation located at 121
N. Rouse Ave., Bozeman MT 59771 (“City”) as “Grantor” and Stonefly Capital, a limited liability
corporation located at 131 South Higgins Avenue, Suite 2-1, Missoula, MT 59802 as “Grantee.”
WHEREAS, on December 16, 2015, the Bozeman City Commission adopted Ordinance 1925, the
Bozeman Midtown Urban Renewal District Plan (“Plan”), defining the boundaries of the
Bozeman Midtown Urban Renewal District (“District”) and delineating goals and strategies for
eliminating blight, and authorizing the Bozeman Midtown Urban Renewal Board (“Board”) to
act as the agency to exercise urban renewal powers; and
WHEREAS, the Plan encourages commercial and residential development or redevelopment
through the use of incentives, such as, but not limited to, public infrastructure support; and
WHEREAS, the Board developed the Midtown Urban Renewal district Tax Increment Financing
Assistance Program (“Midtown TIF Assistance Program”) to grant monies appropriated by the
City Commission for grant assistance in the Board’s Annual Work Plan and Budget; and
WHEREAS, on December 16, 2019, the Bozeman City Commission adopted Resolution No. 5087
establishing policies for the granting of funds by the Board to a requesting entity through the
Midtown TIF Assistance Program; and
WHEREAS, the intent of these funds is to offset the cost of redevelopment of substandard or
“blighted” properties within the District; and
WHEREAS, Grantee is the developer of The Elm commercial development (the “Project”) to be
located at 506 N 7th
Avenue, Bozeman, MT 59715 and which will primarily function as a music
venue and event center; and
WHEREAS, Grantee presented a request to the Board for a grant of up to $288,000 to be used
for impact fees, demolition of the existing building, utility lines, and sidewalk, curb, and other
right-of-way improvements; and
WHEREAS, on September 3, 2020 the Bozeman Midtown Urban Renewal Board approved the
grant request in the amount of $288,000 (“grant award”) documented in the minutes of the
September 3, 2020 meeting; and
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THE PARTIES AGREE:
1. The Grant. The City, through the Board, will grant and release to Grantee a sum of up to
two hundred eighty-eight thousand dollars ($233,000) (the “Grant”) pursuant to the
payment terms in Section 3.
2. Use of Grant Funds/Reimbursement.
a. Grant funds will be used by Grantee for the purposes as identified in the
Grantee’s grant application, which is incorporated by reference herein, and only
for the purposes of reimbursing the grantee for its payment of impact fees, costs
related directly to the demolition of existing building, and improving utility lines.
b. Grant funds will be used to complete the project as a commercial property
primarily used as a performance venue and event space.
c. Grant funds must be used within one year of the date of the execution date of
this Agreement. Any funds not disbursed to the Grantee within that time will
remain in the District fund. The Board, in its sole discretion, may provide an
extension of up to six months to the original one year timeframe.
d. Use of TIF assistance funds must be in compliance with the terms of this Grant
Agreement.
e. Should the property cease to be used as a music venue and event center within
five years of this Grant, Grantee must reimburse the City the entire amount of
the grant within six months of the property no longer being used as a
performance venue and event space.
3. Payment of Grant Funds
The Grant payment will be applied toward reimbursing impact fees, demolition
of existing building, and improving utility lines following the issuance of the
certificate of occupancy for the Project, or July 16, 2021, whichever comes later,
unless the Board reasonably determines, in its sole discretion, Grantee has failed
to meet its obligations pursuant to sections 2, 4, 5, 9, or 10 of this Agreement.
4. Grantee Representations. Grantee represents and warrants to City:
a. Grantee has familiarized itself with the nature and extent of this Grant
Agreement, the contents of Resolution 5087 attached hereto as Exhibit A) and
with all local conditions and federal, state and local laws, ordinances, rules, and
155
regulations that in any manner may affect Grantee’s obligations under this Grant
Agreement.
b. Grantee has familiarized itself with applicable City of Bozeman procurement
regulations related to bidding, hiring, and prevailing wages and agrees to comply
with such regulations if applicable.
c. Grantee has the power to enter into and perform this Grant Agreement.
d. The Grant funds are necessary to accomplish the financing requirements of the
Project.
5. Reports/Accountability/Public Information. Grantee agrees to develop and/or provide
such documentation as requested by the Board demonstrating Grantee’s compliance
with the requirements of this Grant Agreement. Grantee shall allow the Board or the
City, its auditors, and other persons authorized by the Board to inspect and copy its
books and records for the purpose of verifying that monies provided to Grantee
pursuant to this Grant Agreement were used in compliance with this Grant Agreement
and all applicable provisions of federal, state, and local law. Grantee will retain such
records for fifteen years after receipt of final payment under this Agreement unless
permission to destroy them is granted by the Board.
6. Default and Termination. If Grantee fails to comply with any condition of this Grant
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within thirty (30) days after written notice is
provided to Grantee. The notice will set forth the items to be cured. If this Grant
Agreement is terminated pursuant to this Section, Grantee will repay to the City any
Grant funds already disbursed to Grantee or applied toward impact fees or cash-in-lieu
owed by Grantee for the Project.
7. Limitation on Grantee’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by Grantee under this Grant Agreement,
Grantee hereby expressly waives any right to claim or recover consequential,
special, punitive, lost business opportunity, lost productivity, field office
overhead, general conditions costs, or lost profits damages of any nature or kind.
b. In the event Grantee wants to assert a claim for damages of any kind or nature,
Grantee shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event Grantee fails to provide such
notice, Grantee shall waive all rights to assert such claim.
156
8. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be David Fine or such other individual as City shall designate in
writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or
authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City’s Representative is not available,
Grantee may direct its communication or submission to other designated City
personnel or agents and may receive approvals or authorization from such
persons.
b. Grantee’s Representative. Grantee’s Representative for the purpose of this
Grant Agreement shall be Nick Checota, or such other individual as Grantee shall
designate in writing. Whenever direction to or communication with Grantee is
required by this Agreement, such direction or communication shall be directed
to Grantee’s Representative; provided, however, that in exigent circumstances
when Grantee’s Representative is not available, City may direct its direction or
communication to other designated Grantee personnel or agents.
9. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
Grantee agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
Grantee’s (i) negligence or (ii) willful or reckless misconduct.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). Grantee’s indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against Grantee
to assert its right to defense or indemnification under this Grant Agreement or under
Grantee’s applicable insurance policies required below the indemnitee shall be entitled
to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
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Grantee was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Grant Agreement, the City may elect to represent itself and incur all costs and
expenses of suit.
Grantee also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Grant Agreement except “responsibility for his own fraud, for willful
injury to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Grant Agreement.
In addition to and independent from the above, Grantee shall at Grantee’s expense
secure insurance coverage through an insurance company or companies duly licensed
and authorized to conduct insurance business in Montana which insures the liabilities
and obligations specifically assumed by Grantee in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by Grantee in this
Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore in amounts not less than as
follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General policy. The insurance and required endorsements must be in a form suitable to
City and shall include no less than a thirty (30) day notice of cancellation or non-
renewal. The City must approve all insurance coverage and endorsements prior to
disbursement of Grant funds. Grantee shall notify City within two (2) business days of
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Grantee’s receipt of notice that any required insurance coverage will be terminated or
Grantee’s decision to terminate any required insurance coverage for any reason.
10. Nondiscrimination. Nondiscrimination and Equal Pay. Grantee agrees that all hiring by
Grantee of persons performing this Grant Agreement shall be on the basis of merit and
qualifications. Grantee will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. Grantee will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex,
age, marital status, national origin, actual or perceived sexual orientation, gender
identity, physical or mental disability, except when the reasonable demands of the
position require an age, physical or mental disability, marital status or sex distinction.
Grantee represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act). Grantee must report to the City any violations of the Montana Equal Pay
Act that Contractor has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Grantee shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
11. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
12. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both parties.
13. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
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personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a
court of competent jurisdiction in compliance with the Applicable Law provisions
of this Agreement.
14. No Assignment. Grantee may not subcontract or assign Grantee’s rights, including the
right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
15. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or
entity.
16. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
17. Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event
of any subsequent default or breach.
18. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
19. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
20. Consent to Electronic Signatures. The Parties have consented to execute this
instrument electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
160
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA STONEFLY CAPITAL, LLC
By By
Jeff Mihelich, City Manager
Print Name:
Print Title:
APPROVED AS TO FORM:
By:
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
CITY OF BOZEMAN RESOLUTION 5087
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1
Staff Report
To: Midtown Urban Renewal Board
From: David Fine, Urban Renewal Program Manager
Meeting Date: September 3, 2020
Subject: The Elm concert venue
506 N. 7th
Ave.
TIF Assistance Program Overview
The Bozeman City Commission created the Midtown TIF Assistance Program in 2017 to
support redevelopment activity and advance the goals of the 2015 Midtown Urban Renewal
Plan. The City Commission amended the Program in January 2020. The Midtown TIF Assistance
Program supports projects that create significant new taxable value as well as meeting the five
goals of the Midtown Urban Renewal Plan. These goals, as required by statute, focus on
mitigating blighting conditions in the urban renewal area. Each of these five goals is further
refined with particular criteria for a total of seventeen categories that can receive points. Point
awards demonstrate specific compliance with the criteria, but are not the only factors the board
may consider in recommending an incentive award. For example, the board may also consider
new taxable value created by the project, or whether the project would be feasible without a
public incentive. In addition to tax generation, the goals of the Urban Renewal Plan and the
need for assistance, the Board must also make affirmative findings as required by State Law.
Recommended Motion:
“Having read considered the Application, the findings of the Staff Report, public comment and
all information presented, I hereby move to recommend that Staff negotiate a development
agreement with the Applicant for the consideration of the Bozeman City Commission for
reimbursement of TIF eligible costs not-to-exceed $288,032.”
Staff Recommendation
The Midtown Action Plan, unanimously adopted by the Bozeman City Commission in
2017, recommends increasing building density within the Midtown Urban Renewal District, with
a particular emphasis on incentivizing infill development and pedestrian oriented amenities that
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are irreplaceable by ecommerce trends. An event center is an anchor attraction for drawing
people to the Midtown area. Concert goers will patronize adjacent restaurants, bars, and retail
establishments. A venue makes Midtown a destination and as the Action Plan describes,
“increases the number of people in the District, which helps create the desired active pedestrian
environment. More density of buildings grouped together in districts is especially desired to
encourage pedestrians to explore adjacent buildings.” Attractions of this magnitude are rare
and The ELM would drive adjacent existing and new commercial uses in the District. Compatible
attractive uses would reinforce the concept of a walkable commercial node and be an economic
driver for the area.
The ELM is just such a project. The ELM, as currently approved, is a 21,000 square foot
event and entertainment center. The Applicant further describes the project:
[The ELM] is a 1,200-capacity state-of-the-art live performance venue, hosting concerts,
performances and other special events like weddings. There will be two bars, a lounge
area, roof deck, and within the event space a two-story space with balcony seating. The
primary entrance is located on North 7th Avenue….106 bike parking stalls will be
provided for both guests and employees. It is estimated that the facility will be utilized
for 100-150 events per year, attracting an estimated 120,000 people to the site. The ELM
will be the first venue of its size in the Bozeman market. The building relates to the
context of the street and adjacent RSVP Motel.
The project demolished and replaced a building that was approaching the end of its useful life
with a much higher value steel structure that employees a double fronting storefront block
frontage that activates the N. 7th Corridor.
The global pandemic condition created by COVID-19 virus has dramatically altered the
economic landscape for the event and entertainment industry. Large events and resulting
revenue have ceased for the present, with no end in sight. Specifically, using scarce cash to
complete a center that may not be able to return revenue for some time could be a poor
business decision for any venue operator. Completing an event center in context is a challenge
and creates the, “but for”, feasibility conditions that make TIF Assistance necessary for the
feasibility of creating the project.
The Midtown TIF Assistance Program allows the payment of eligible costs of
development to incentivize development that meets the goals of the Midtown Urban Renewal
Plan. The Applicant is applying for several eligible cost areas totaling $288,032. Staff finds that
the proposed costs are eligible for TIF assistance. Staff scored the application based on the
program criteria. Based on our review and the application materials presented, the project
received 31 of 52 available points. The application scored points toward three of five goals of
the Midtown Urban Renewal Plan. The project eliminates blight and advances the District goal
of walkable mixed-use nodes within the District.
Leland Consulting Group (LCG) completed a financial analysis of the project to help staff
evaluate the application for creation of new taxable value. Their report analyzed return on
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3
investment (ROI), estimated payback period for the public assistance and proposed target
metrics for the ratio of private investment to public assistance. LGC bases their analysis on
awarding the applicant’s full assistance request. LCG recommends a ratio of private investment
to public assistance of 8:1 or greater for commercial projects; the ratio for this project is
23.19:1.
Staff did not commission a need analysis for this project, since the cost of the analysis
was out of scale with the size of the assistance request.
LCG also created a tax generation model for the Midtown URD. According to their
model, the project would produce net new annual taxes of $62,970, which would allow TIF
assistance to be paid back in 5.5 years (assumes a 5% interest rate on the advanced amount) for
new increment-based payback if assistance is provided at the Applicant’s requested amount.
Staff recommends approval of the project funding request.
Criteria for TIF Assistance
Goal Number 1: Promote Economic Development
1. Tax Generation: The project will increase the taxable value within the District. The increase
in taxable value due to new construction & rehabilitation is estimated by the County
Assessor’s office or State Department of Revenue to determine tax increment generation.
Submit documentation of estimated tax projections to receive points for these criteria.
Leland Consulting Group (LCG) created a tax revenue generation model for the Midtown URD.
Using data provided by the property owner, LCG estimates that the property will provide an
estimated annual net tax revenue increase of $62,970 for the District. The projected net
increase in value of the property is $4,835,300. For the assumptions related to these
projections, please see the LGC report. [4 of 4]
2. Elimination of Blight: The project’s direct and indirect impact on the physical and fiscal
deterioration within the Tax Increment Financing District and the community. Projects that
redevelop underutilized properties will be given priority. The characteristics of an
underutilized site includes land on which development occupies only a small amount,
and/or land or buildings that are or have been vacant for some time. Submit information
showing current conditions of property.
The project eliminates blight by replacing a vacant and aging building near the end of its useful
life, “with little potential for repurposing,” with a modern, steel-framed 22,000 SF event venue.
[4 of 4]
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3. Employment Generation: Total employment generated by the project assessed in terms of
new permanent and part-time jobs, and construction jobs. Submit documentation of
estimated new jobs to receive points for this criterion.
The project will generate temporary construction jobs. The project will create five full-time
professional jobs, including “Event Manager, Stage Manager, Technical Director, Food and
Beverage Manager and Lighting Director”. The venue will also create 30 part time jobs,
including, “stagehands, event staff, bartenders, support staff, hospitality manager, cleaning
staff, etc.” [2 of 3]
Goal Number 2: Improve Multi-Modal Transportation
4. Facilitates Public Health and Mobility: Project will construct or improve ADA access to and
within existing structures. Provide detailed information demonstrating that the current
condition inhibits public health and mobility and the proposed improvements benefit
accessibility.
This condition is relevant to renovation of an existing structure. New buildings must meet ADA
requirements at the time of construction. [0 of 1]
5. Reduces Resource Demand: Project promotes the use of transit, ride sharing, or car sharing.
Provide plans, agreements or other methods to demonstrate reduction of resource demand.
The project utilizes a shared parking agreement with the Bozeman School District. The site has
also optimized its loading zones to facilitate rideshare options like Uber and Lyft, and will
coordinate directly with operators to facilitate efficient pick-up and drop-off. [1 of 1]
6. Promotes Active Transportation: Project promotes bicycling as an active transportation
option by constructing or improving bike lanes, providing covered bike parking, and/or
participating in a bike share program. Provide plans, agreements or other methods that
demonstrates the project goes beyond the minimum Bozeman UDC requirements for site
development.
The Applicant demonstrates that the project provides significant bike parking, much of it
covered to entice bike access to the venue. [2 of 2]
Goal Number 3: Improve, Maintain, and Support Innovation in Infrastructure
7. Infrastructure Improvements: Project promotes innovation in infrastructure and/or reduces
long term costs of maintenance. Examples include low impact development for stormwater,
incorporation of green roof design into building architecture, or car charging stations. Low
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impact development (LID) incorporates designs such as bioretention facilities, rain gardens
and permeable pavers. Does the project enable better connectivity or provide critical
infrastructure for the community? Provide plans and descriptions of innovations proposed.
N/A.
[0 of 2]
Goal Number 4: Promote Unified Human Scale Urban Design
8. Vehicular Access Points: The project reduces the number of vehicular access points to the
property and improves the pedestrian experience. Provide plans, agreements or other
methods to demonstrate reduction.
The project removes one existing a drive approach from N. 5th Ave. [2 of 2]
9. Street Orientation: The project enhances the North 7th Ave. entryway corridor by having
buildings oriented toward the street and designed to provide interest and activity.
The project double fronts W. Short St. and N. 7th Ave. providing interest and activity to the N. 7th
Ave. corridor.
“The ELM will provide a great deal of interest and activity from the perspective of North
7th Avenue. The main entrance on North 7th Avenue will include a large, glass entrance
where concertgoers will enter for events. The amount of glass will create a relationship
between the interior of the venue and the streetscape. Additionally, a balcony where
concertgoers can break from events overlooks North 7th Avenue, creating a vibrant
interaction between the venue and the street.”
[2 of 2]
10. Pedestrian Experience: The project enhances the pedestrian experience by using a
storefront block frontage (BMC 38.510) as a component of the project. Key elements of the
frontage would include façade transparency, building articulation, street furniture and/or
landscaping. Submit plans and details that address this criterion.
Staff concurs with the Applicant’s assessment for this criterion:
Developing a building with identity and character was a primary goal of the design. The
design team recognized the importance of creating a look and feel that communicated the
ELM as a place of energy and excitement. Critical to this goal was to design a streetscape
that is engaging and comfortable, and that incorporates an interesting pedestrian
experience. Expansive glazing connects the interior to the street and public view, so that on
the night of an event, the vibe within will visibly spill out to the streetscape. The strongly
defined entrance and corner statement anchor the building on the site and clearly
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6
communicate that this is a civic and cultural space that is open to the public. Landscape
plantings and lighting, site furnishings and commissioned artwork, soften the edge between
building, street and pedestrian. Ample sidewalk space and exterior lighting will provide for
safety, comfort and traffic flow around the building. This is a very important consideration as
these spaces must handle a large volume of people both moving through and queuing up for
entrance to an event. There are also canopies that extend to create covered areas that serve
to scale down the facade to the human streetscape scale and provide cover in inclement
weather. Extensive bike parking is provided under canopies and well lit with the intent that
this encourages people to bike to events rather than drive. Designated and managed drop-
off and pick-up areas are also in place on North 7th Avenue to help ease traffic and
encourage alternative travel options. [2 of 2]
11. Quality of the Development Exceeds Minimum Requirements: The quality of development
and overall aesthetics (architectural, site design, landscaping, etc.) are beyond that which is
minimally required by the UDC. Provide a narrative and submit documentation to
demonstrate compliance with this criterion.
Based on preliminary renderings, the project as proposed appears to exceed the requirements
of the UDC for architecture, site design, and landscaping. [1 of 1]
Goal Number 5: Support Compatible Urban Density Mixed Land Uses
12. Increases Housing Units: The project increases housing units within the District. Submit
plans demonstrating an increase in the number of housing units.
The project includes no residential units. [0 of 6]
13. Mix of Uses Including Residential: The project is a mix of residential and commercial.
Commercial uses include retail, restaurant, office and services. Hotels would not be
supported unless included with a project that included residential development. Submit
plans detailing the proposed mix of uses within the project.
The project only includes a mix of eligible commercial uses including retail, office and service
uses. The project does not include a residential component. [0 of 6]
14. Shared Parking: The project shares parking among compatible uses. Provide details
demonstrating compliance with the UDC and as well as total number of parking spaces
reduced because of a shared arrangement.
The project will share parking with Whittier Elementary School, since The ELM operates during
complementary hours. “The ELM is also in discussions with neighboring retail stores to utilize
off-hours parking. [2 of 2]
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15. Affordable Dwelling Units: The project provides affordable dwelling units. For the purposes
of this criterion, an affordable dwelling unit is defined as a unit that requires no more than
33 percent of a household’s income for housing payments based on a designated
percentage of area median income (AMI). Eligible rental units shall be affordable at 70%
AMI and eligible for sale units shall be affordable at 90% AMI. Condominium units are
eligible as for sale units. Additional points may be awarded for projects that provide on-site
housing for the proposed workforce.
Eligible rental dwellings to be constructed in the proposed residential development shall be
provided by long-term contractual obligation to an affordable housing agency, for a period
of not less than 20 years, with a written plan assuring ongoing affordability pricing and
eligibility monitoring, and annual re-certification. The city's affordability guidelines and
subsequent revisions establish affordability and eligibility. To receive 3 points under this
criterion, 10% of all units must meet the affordability criteria. To receive 6 points under this
criterion, 20% of all units must meet the affordability criteria.
The project does not include dwelling units of any kind. [0 of 3 or 6]
Overall District Relevance
16. Relevance to the Midtown Urban Renewal Plan: Documentation of the project’s impact in
relation to the goals and objectives of the Midtown Urban Renewal Plan, particularly mixed-
use development. Urban design elements are also considered, including pedestrian
emphasis and quality of design.
The ELM eliminates blight and benefits economic development by replacing an aging and vacant
structure with a modern event center valued at $6.9 million. The project creates direct
employment and has the potential to be a catalyst for neighboring businesses, truly serving as
an anchor attraction for the Midtown area. The project received nearly perfect scores for 4 of 5
goals of the urban renewal plan. As a single purposed building without a housing component, it
is difficult to receive points for mixed-use or housing categories. [5 of 5]
17. Private / Public Investment Ratio: The investment of public funds in the project results in a
leverage ratio of at least 10:1 for multifamily, 8:1 for commercial, or 5:1 for family wage
jobs. [4 of 4]
The ratio for this project is 23.19:1, yielding significant private investment for a relatively
modest public investment.
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Total Points (31/52)
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Criteria for Approval of Urban Renewal Project, 7-15-4217 MCA
1) a workable and feasible plan exists for making available adequate housing for the
persons who may be displaced by the project;
The project does not displace any persons or housing.
2) the urban renewal plan conforms to the comprehensive plan or parts thereof for the
municipality as a whole;
The project is a commercial project located in an area designated for community
commercial mixed-use in the Bozeman Community Plan.
3) the urban renewal plan will afford maximum opportunity, consistent with the sound
needs of the municipality as a whole, for the rehabilitation or redevelopment of the
urban renewal area by private enterprise; and
The project includes a request for tax increment financing assistance that makes the
proposed redevelopment project feasible to be undertaken by private enterprise.
4) a sound and adequate financial program exists for the financing of said project.
The Midtown Urban Renewal District currently has adequate reserves to support
the tax increment finance assistance for this project with a budget amendment to
the approved FY 2021 Work Plan and Budget.
171
Memorandum
REPORT TO: City Commission
FROM: John Van Delinder, Street Superintendent
Mitch Reister, PE, Director of Public Works
SUBJECT: Authorize the City Manager to Sign a Purchase Agreement with Modern
Machinery for (1) One Truck Mounted Asphalt Distributor
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Agreement - Vendor/Contract
RECOMMENDATION: Authorize the City Manager to sign a purchase agreement with Modern
Machinery for (1) one truck mounted asphalt distributor.
STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND: This is a replacement of our 1971 Asphalt Distributor. This equipment is used
to apply oil to the road prior to paving, patching, or overlaying. This item
(STR39) was approved in the FY20 Capital Improvement Program. Modern
Machinery was the lowest of two bids received with a bid price of
$189,888.00.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The FY20 approved Capital Improvement Program included $200,000 in the
Street Maintenance fund for item STR39. The bid price associated with this
purchase is below what is budgeted.
Attachments:
Bid Tab
Purchase Agreement
Exhibit A - Bid Specifications
Exhibit B - Warranty
Report compiled on: February 3, 2021
172
NAME & ADDRESS Tax ID Bid Price
Tristate Trucking PO Box 1298
Billings, Montana 59103 81-028711 $228,925.00
Modern Machinery 101
Internatinoal Drive Missoula,
Montana59808
91-0492108 Yes $189,888.00
Mike Maas Jesse DiTommaso
City Clerk Deputy City Clerk
Bid Check: Delivered to Finance: Accepted By: Date:
1
2
3
4
City of Bozeman BID - 2020 Truck Mounted Distributor
These bids were opened and read before the undersigned at 2:00 PM on Thursday, January 28, 2021.
NON-
DISCRIMINATION
AFFIRMATION
Yes
NON-COLLUSION
AFFIDAVIT BID BOND
NA Yes
NA Yes
DocuSign Envelope ID: EC124FA5-5FBD-4F9B-9673-12E982CA5C9C
173
174
175
176
177
178
179
180
Exhibit A
181
182
183
184
185
186
187
188
189
TWO YEAR LIMITED WARRANTY
A. LIMITED WARRANTY
If a manufacturing defect in factory supplied materials or factory
workmanship is found and the authorized LeeBoy dealer (“Dealer”) is
notified during the warranty period, LeeBoy will be responsible for repairing
or replacing any part or component of the unit or part that fails to conform to
the warranty during the warranty period.
B. TERMS AND CONDITIONS
1. The warranty applies for a period of two years (for unlimited hours of
usage on the unit during the two years), beginning on the date that the
Dealer from which the unit is purchased submits the warranty registration
form to LeeBoy (typically on the date of purchase).
2. The warranty is not transferable and applies only to the original
purchaser of a new unit from a Dealer.
3. Warranty work must be performed at an authorized Dealer location.
4. LeeBoy has the right to repair any component or part before replacing it
with a new one.
5. Replacement parts furnished by LeeBoy are covered for the remainder of
the warranty period applicable to the unit or component in which such
parts are installed.
6. All new replacement parts purchased from a Dealer will carry a six (6)
month warranty.
C. WARRANTY EXCLUSIONS AND LIMITATIONS
1. LeeBoy has no obligation under this warranty for any defects or failures
caused by:
a. misuse, misapplication, negligence, accident or failure to maintain or
use in accordance with the most current operating instructions;
b. unauthorized alterations or modifications;
c. any replacement parts or attachments not manufactured by or expressly
approved by LeeBoy;
d. failure to conduct normal maintenance and operating service, including without
limitation, providing lubricants, coolant, fuel, tune-ups, inspections or
adjustments; or
e. unreasonable delay, as determined by LeeBoy, in making the applicable units or
parts available upon notification of a service notice ordered by LeeBoy.
2. LeeBoy is not responsible for any of the following:
a. defects or failures with respect to any engine or truck chassis;
b. defects or failures covered by a warranty provided by a third-party, including
without limitation warranties with respect to engines or truck chassis;
c. costs related to travel time, mileage or overtime;
d. costs related to transporting the unit to and from the place at which warranty
work is performed;
e. airfreight charges related to transporting repair parts to the place at which
warranty work is performed;
f. used units or used parts of any kind;
g. repairs due to normal wear and tear, or brought about by abuse or lack of
maintenance of the equipment, except for premature failures;
h. attachments not manufactured or installed by LeeBoy; or
i. miscellaneous charges.
D. EXCLUSION OF OTHER WARRANTIES/LIMITATION OF LIABILITY
OTHER THAN THE EXPRESS WARRANTY PROVIDED IN SECTION A. ABOVE,
LEEBOY GIVES NO EXPRESS, STATUTORY, OR IMPLIED WARRANTY OR
GUARANTEE AND HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DURABILITY, CONDITION,
QUALITY, OR FREEDOM FROM CLAIMS OF ANY PERSON BY WAY OF
INTERFERENCE, INFRINGEMENT, OR THE LIKE.
IN NO EVENT OR UNDER ANY THEORY OF RECOVERY, WHETHER AS A RESULT OF
BREACH OF CONTRACT OR WARRANTY, ALLEGED NEGLIGENCE, OR LIABILITY
WITHOUT FAULT, SHALL LEEBOY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
Memorandum
REPORT TO: City Commission
FROM: Anna Rosenberry, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with
Rosie Barndt, CPA for Payroll Related Consulting Services
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Agreement - Vendor/Contract
RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with
Rosie Barndt, CPA for payroll related consulting services.
STRATEGIC PLAN: 7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND: The City is in need of professional accounting services for review of payroll
records. This contract work will examine timekeeping information for
specific employees and improve our documentation related to payroll
procedures.
UNRESOLVED ISSUES: None.
ALTERNATIVES: None suggested.
FISCAL EFFECTS: This contract will be paid from the Human Resources Department and Fire
Department contracted services budgets. No budget amendments are
necessary. The contract is based on billable hours, with a maximum amount
of $10,800.
Attachments:
PSA - Barndt.docx
Scope of Services for City of Bozeman (002).pdf
Report compiled on: February 9, 2021
191
Professional Services Agreement for Payroll Documentation and Review
FY 2020 – FY 2021
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Rosie Barndt, CPA hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as
“Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 30
th
day of June, 2021, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
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incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
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Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
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11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jamie Norby, Interim Human Resources Director, or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Rosie Barndt, CPA, or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
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agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than one year.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ROSIE BARNDT, CPA
CONTRACTOR
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Scope of Services
Description of services:
Document the City’s existing payroll calculation procedures for firefighter compensation, including
highlighting the City’s compliance with the requirements of the Fair labor Standard’s Act, Section 207k.
This document means to serve as both a reference tool for the Human Resources Department and a
communication tool for those working in firefighter positions.
Review compensation for all firefighter positions. The review will look back over a two‐year period
including approximately 36 individuals. The review will document employee hours‐worked compensation
and paid leave taken during the review period.
Deliverables:
Documentation of payroll calculation procedures for firefighter compensation, as described
above.
A spreadsheet which documents the hours worked and paid leave taken by each firefighter and
the related compensation for each work period over a two‐year period.
Timeline:
Complete procedures by March 15, 2021.
Fee
The fee for these services will be $150/hour up to $10,800.
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Memorandum
REPORT TO: City Commission
FROM: John Alston, Water and Sewer Superintendent
Mitch Reister, PE, Director of Public Works
SUBJECT: Authorize the City Manager to Sign a Contract Agreement with Xylem
Dewatering Solutions, Inc. for Annual Preventative Maintenance on Flygt
Pumps Located at Each of the City’s Seven (7) Lift Stations
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Agreement - Vendor/Contract
RECOMMENDATION: Authorize the City Manager to sign a contract agreement with Xylem
Dewatering Solutions, Inc. for annual preventative maintenance on Flygt
Pumps located at each of the City’s seven (7) lift stations.
STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND: The City currently has seven (7) lift stations that pump wastewater to the
Water Reclamation Facility. If the pumps in these lift stations fail,
wastewater will back up in the mains. By entering into this agreement,
Xylem Dewatering Solutions, Inc. will perform annual maintenance to
include cleaning and any required service on the Flygt Pumps in each lift
station. This work is expected to take a total of 2 days.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The Wastewater Operations operating budget has funds available for this
work. The work is estimated to take 2 days (4 lift stations per day) for a total
of $4,000. Seal oil and replacement parts are not included in the price.
Attachments:
Contract Agreement
Lift Station Pump Service Quote
Report compiled on: February 3, 2021
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CONTRACT AGREEMENT
This Agreement is made this ____ day of _________, 202__, by and between the CITY
OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing
under its Charter and the laws of the State of Montana, P.O. Box 1230, Bozeman, Montana 59771-
1230 (“City”), and Xylem Dewatering Solutions, Inc., 3860 Helberg Drive, Helena, MT 59602,
(“Contractor”).
In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: Providing annual service for cleaning, maintaining, and
services for Flygt Pumps located at City lift stations and associated equipment in the City of
Bozeman.
2. Contract Documents: The Contract Documents which comprise the entire
agreement between the City and Contractor as attached to or referenced in this Agreement, are
made a part hereof by this reference and consist of the following:
a. This Agreement.
b. Proof of Insurance
c. Montana Public Works Standard Specifications, _6th_ Edition (MPWSS), and as
further amended by the City of Bozeman Modifications to MPWSS.
There are no Contract Documents other than those listed above in this Section 2. The Contract
Documents may not be altered, amended or repealed except by a modification (as defined in the
MPWSS, General Conditions).
3. Time of Performance: Contractor shall begin the Work upon execution of this
agreement by the Owner. The contract shall remain in effect for a period of one year from above
date of Agreement.
4. Payment:
a. Upon satisfactory final completion and acceptance of the Work, City shall pay to
Contractor, and Contractor shall accept as full payment for the performance of this
Agreement and the Work, the amount of $2,000.00 per day for service plus costs of any
parts or consumables per Contractors Quotation No.
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b. Contractor shall submit applications for payment in accordance with the Montana
Public Works Standard Specification, _6th_ Edition General Conditions. Applications for
payment will be processed as provided in the General Conditions.
c. Upon acceptance of final payment and for other good and valuable consideration,
Contractor shall and hereby does release and forever discharge City, its officers, agents,
and employees of and from any and all claims, demands, actions, causes of action,
obligations, and liabilities of every kind and character whatsoever, in law and in equity,
whether now known or in the future discovered, arising from or related to this Agreement
or the Work that Contractor may have or assert against City, its officers, agents, and
employees.
d. Contractor warrants and guarantees to City that all Work will be in accordance with
the Contract Documents and will not be defective. Prompt notice of all defects shall be
given to Contractor. All defective Work, whether or not in place, may be rejected,
corrected or accepted as provided in the MPWSS.
5. Inspection and Testing:
a. City has the right to inspect and test any and all Work performed by Contractor.
Contractor shall allow City and its agents access to the Work at all times and shall provide
every reasonable facility for the purpose of such inspection and testing, including
temporarily discontinuing portions of the Work or uncovering or taking down portions of
the finished Work. Any inspection and testing performed by the City and its agents is for
the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility,
and obligation to ensure that the Work strictly complies with the Agreement terms and
conditions and all applicable laws and building and safety codes. City’s inspection and
testing shall not be deemed or considered acceptance by the City of any portion of the
Work. City’s inspection and testing shall not serve to nullify, amend, or waive any
warranties provided by the Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any Work found
by the City or its agents to be defective or otherwise not in compliance with the terms and
conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
6. Contractor’s Representations and Warranties: In order to induce the City to
enter into this Agreement, Contractor represents and warrants as follows:
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a. Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, the Work site, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
b. Contractor has studied carefully all reports of investigations and tests of subsurface
and latent physical conditions at the site or otherwise affecting cost, progress or
performance of the Work.
c. Contractor has made or caused to be made examinations, and investigations as he
deems necessary for the performance of the Work at the contract price, within the contract
time and in accordance with the other terms and conditions of the Contract Documents,
and no additional examinations, investigations, tests, reports or similar data are or will be
required by Contractor for such purposes.
d. Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
e. Contractor and its sureties are liable for the satisfaction and full performance of all
warranties.
7. General Requirements:
a. Contractor Use of Premises. The Contractor shall confine his operations at site of
the proposed work to within the right-of-way or construction easements provided.
b. Safekeeping of Equipment and Materials on Work Site. It shall be understood
that the responsibility for protection and safekeeping of equipment and materials on or
near the site will be entirely that of Contractor and that no claim shall be made against the
City by reason of any act of an employee or trespasser. It shall be further understood that
should any occasion arise necessitating access by the City to the sites occupied by these
stored materials and equipment, the Contractor owning or responsible for the stored
materials or equipment shall immediately remove same. No materials or equipment may
be placed upon any private property until the property owner has agreed in writing to the
location contemplated by the Contractor to be used for storage.
c. Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The
Contractor shall take whatever means necessary to insure that the existing mailboxes,
curbs and gutters and driveways are not damaged during construction. If it is necessary
to remove or disturb mailboxes during construction, the Contractor shall repair and
restore the mailboxes at his own expense to the satisfaction of the property owner. Any
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curb, gutter, or driveways damaged during construction, not noted to be replaced on the
drawings, shall be replaced by the Contractor at his own expense.
d. Surface Drainage. Water from such sources as surface runoff, dewatering and
flushing of water lines during project construction shall not be allowed to enter into
drainage ways or open areas that will cause flooding of existing structures, street
intersections, or lawn areas.
e. Debris; Restoration. While performing the Work, and as part of the final
completion of the Work, Contractor shall clean up the Work site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Work. Any disturbed landscaped areas shall be
properly restored.
f. Work Sequence. The Contractor shall schedule the work to minimize
inconvenience to the City and to adjacent property owners and to minimize interruptions
to utility service. This shall include minimizing obstruction to local traffic especially on
dead end streets. Work shall be scheduled so as to minimize disruptions to local mail
delivery.
g. Traffic Control. The Contractor shall conduct his work so as to interfere as little
as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary
to cross, obstruct, or close roads and walks, the Contractor shall obtain approval of such
actions from the County or Montana Department of Transportation and shall provide and
maintain suitable and safe lighted detours or other temporary expedients for the
accommodation of public and private travel in accordance with the current edition of the
Manual on Uniform Control Devices for Streets and Highways (MUTCD). The
Contractor shall not occupy the work site or initiate construction until all traffic control
provisions are in place and the City has been so notified. The Contractor shall cooperate
and coordinate his methods with the City’s traffic control plans prior to the disruption of
the normal flow of any traffic.
h. Safety. Safety provisions must be entirely adequate and meet with City, County,
State and Federal regulations to protect the public in affected areas.
1) Barricades and Lights. Prior to the start of construction across roads or walks,
all construction permits shall be obtained, utility companies notified, and
traffic patterns, signing, location of flagmen, barricades and other safety
measures arranged. Providing and maintaining safety barricades, and other
work site safety measures shall be the responsibility of the Contractor and
shall be included in the contract price.
2) All open trenches and other excavations shall be provided with suitable
barriers, signs, and lights to the extent that adequate protection is provided to
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the public. Obstructions, such as material piles and equipment, shall be
provided with similar warning signs and lights.
3) All barricades and obstructions shall be illuminated by means of warning
lights from sunset to sunrise. Materials stored upon or alongside public streets
and highways shall be provided with similar warning signs and lights.
4) All barricades, signs, lights and other protective devices shall be installed and
maintained in conformity with applicable statutory requirements and, where
within railroad and highway right-of-way, as required by the authority having
jurisdiction thereover.
5) Work performed within property under the City’s jurisdiction shall have all
barricades, signs, lights and protective devices installed and maintained.
6) Fall protection must be utilized when the wet well hatches are open.
8. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
9. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for any
reason, suspend the performance of all or any portion of the work to be performed on the
Work (“Notice of Suspension”). The Notice of Suspension shall set forth the time of
suspension, if then known to the City. During the period of suspension, Contractor shall
use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires
otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent
specified in the Notice of Suspension; (2) place no further orders or subcontracts for
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materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Work, including those portions on which work has
been suspended.
c. As compensation for the suspended Work, Contractor will be reimbursed for the
following costs, reasonably incurred, without duplication of any item, and to the extent that
such costs directly resulted from the suspension: (1) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (2) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Work during the
period of suspension; and (3) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Work has
increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work (“Notice
to Resume Work”), Contractor shall immediately resume performance of the suspended
work as to the extent required in the Notice to Resume Work. Any claim by Contractor for
time or compensation described in Section 9(c) shall be made within fifteen (15) days after
receipt of the Notice to Resume Work and Contractor shall submit a revised Work Schedule
for the City’s review and approval. Contractor’s failure to timely make such a claim shall
result in a waiver of the claim.
e. No compensation described in Section 9(c) shall be paid and no extension of time
to complete the Work shall be granted if the suspension results from Contractor’s non-
compliance with or breach of the terms or requirements of this Agreement.
10. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the Work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the Work and complete it, either
with its own resources or by re-letting the contract to any other third party
b. In the event of a termination pursuant to this Section 10, Contractor shall be entitled
to payment only for those services Contractor actually rendered. In the case of a lump sum
or unit price contract, Contractor shall not be entitled to any further payment until the Work
has been completed. Upon completion of the Work, if the unpaid balance of the
Contractor’s compensation exceeds the cost to the City of completing the work, including
all costs paid to any subcontractors or third parties retained by the City to complete the
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Work and all administrative costs resulting from the termination (“City’s Cost for
Completion”), such excess shall be paid to the Contractor. If the City’s Cost for
Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor
and its sureties shall be liable for and shall pay the difference, plus interest at the rate
applicable to court judgments, to the City.
c. Any termination provided for by this Section 10 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 10, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
11. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease work on the Work, City may terminate this Agreement by
written notice to Contractor (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for
City’s Convenience and shall be without prejudice to any claims that the City may
otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise
directed in the Notice, the Contractor shall immediately cease work on the Work,
discontinue placing orders for materials, supplies, and equipment for the Work, and make
every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to
the City. Contractor shall do only such work as may be necessary to preserve, protect, and
maintain work already completed, in progress, or in transit to the construction site.
c. In the event of a termination pursuant to this Section 11, Contractor is entitled to
payment only for those services Contractor actually rendered and materials actually
purchased or which Contractor has made obligations to purchase on or before the receipt
of the Notice of Termination for City’s Convenience, and reasonably incurred costs for
demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 11(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
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12. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the
claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the
event Contractor fails to provide such notice, Contractor shall waive all rights to assert
such claim.
13. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be John Alston, Water & Sewer Superintendent or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication
or submission shall be directed to the City’s Representative and approvals or authorizations
shall be issued only by such Representative; provided, however, that in exigent
circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the purpose of
this Agreement shall be Andy Fitzhugh, Xylem Dewatering Solutions, Inc. or such other
individual as Contractor shall designate in writing. Whenever direction to or
communication with Contractor is required by this Agreement, such direction or
communication shall be directed to Contractor’s Representative; provided, however, that
in exigent circumstances when Contractor’s Representative is not available, City may
direct its direction or communication to other designated Contractor personnel or agents.
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14. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., MCA. Contractor shall make every effort to avoid damage to
underground facilities and shall be solely responsible for any damage that may occur. If City
personnel assume responsibility for locating any underground facilities, this fact shall be noted in
writing prior to commencement of such location work.
15. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Work.
16. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Work, shall be promptly furnished to the City (“City Documents and
Information”). All City Documents and Information shall be the exclusive property of the City
and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in
and to the City Documents and Information, including but not limited to, all copyright and patent
rights in and to the City Documents and Information. Neither party grants to the other any express
or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights,
except to the extent necessary to complete its obligations to the other under this Agreement.
17. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, Montana
Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter
50, MCA), all workers’ compensation laws, all environmental laws including, but not limited to,
the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA),
the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA,
all applicable City, County, and State building and electrical codes, the Americans with
Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and
small business statutes and regulations.
18. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor
will not refuse employment to a person, bar a person from employment, or discriminate against a
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person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Work. Contractor acknowledges it is aware of and shall comply with its responsibilities and
obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug
and alcohol misuse prevention plans and related testing. City shall have the right to request proof
of such compliance and Contractor shall be obligated to furnish such proof.
20. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of
Contractor’s performance of the Work, any labor problems or disputes of any type arise or
materialize which in turn cause any work on the Work to cease for any period of time,
Contractor specifically agrees to take immediate steps, at its own expense and without
expectation of reimbursement from City, to alleviate or resolve all such labor problems or
disputes. The specific steps Contractor shall take to resume work on the Work shall be left
to the discretion of Contractor; provided, however, that Contractor shall bear all costs of
any related legal action. Contractor shall provide immediate relief to the City so as to
permit the work on the Work to resume and be completed within the time frames set forth
in the Construction Schedule at no additional cost to City.
b. Contractor shall indemnify, defend, and hold the City harmless from any and all
claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring in connection with any labor problems or disputes or any delays or stoppages of
work associated with such problems or disputes.
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21. Subcontractors:
a. Contractor may employ subcontractors for any part of the Work. Contractor shall
provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Work.
c. Contractor is solely liable for any and all payments to subcontractors. Contractor
shall hold all payments received from the City in trust for the benefit of subcontractors,
and all such payments shall be used to satisfy obligations of the Work before being used
for any other purpose. Contractor shall make any payments due to any subcontractor within
seven (7) days of Contractor’s receipt of payment, including a proportional part of the
retainage Contractor has received from the City. In the event of a dispute regarding any
subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the
subcontractor and notify the subcontractor in writing of the amount in dispute and the
reasons for the dispute. Any withholding of payment must comply with the requirements
of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and
proper payment to any subcontractor, City may elect to withhold any payment otherwise
due to Contractor and upon seven (7) days’ written notice to Contractor, may pay
subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors
or others during the progress of the work, and fails to pay or discharge the same within five (5)
days after demand, then City may either withhold any money due to Contractor until such
indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or
claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor
shall immediately notify the City and shall cause the same to be discharged of record within thirty
(30) days after its filing.
25. Indemnification; Insurance; Bonds:
a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its
agents, representatives, employees, and officers (collectively referred to for purposes of
this Section as the City) from and against any and all claims, demands, actions, fees and
costs (including reasonable attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith
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resulting in bodily injury or destruction of property and without limit and without regard
to the cause or causes thereof or the negligence of any party or parties that may be asserted
against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct
of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor’s agents.
b. Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and without
any right to contribution from any insurance maintained by City.
d. Should any indemnitee described herein be required to bring an action against the
Contractor to assert its right to defense or indemnification under this Agreement or under
the Contractor’s applicable insurance policies required below the indemnitee shall be
entitled to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines the
Contractor was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
e. In the event of an action filed against City resulting from the City’s performance
under this Agreement, the City is responsible to represent itself and incur all costs and
expenses of suit.
f. Contractor also waives any and all claims and recourse against the City or its
officers, agents or employees, including the right of contribution for loss or damage to
person or property arising from, growing out of, or in any way connected with or incident
to the performance of this Agreement except “responsibility for his own fraud, for willful
injury to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
g. Contractor and City waive against each other, and against the other’s officers,
directors, members, partners, and employees any and all claims for or entitlement to
special, incidental, indirect, punitive, and consequential damages, loss of use, loss of profits
and revenue, and loss of reputation arising out of, resulting from, or related to the Contract.
This Cap does not apply to or limit any claim by either party for the following: (a) costs,
losses, or damages asserted by third parties for destruction of tangible property, bodily
injury, sickness, disease, or death or (b) gross negligence or willful misconduct.
h. These obligations shall survive termination of this Agreement and the services
performed hereunder.
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i. In addition to and independent from the above, Contractor shall at Contractor’s
expense secure insurance coverage through an insurance company or companies duly
licensed and authorized to conduct insurance business in Montana which insures the
liabilities and obligations specifically assumed by the Contractor in this Section. The
insurance coverage shall not contain any exclusion for liabilities specifically assumed by
the Contractor in subsection (a) of this Section. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown below:
Workers’ Compensation – not less than statutory limits;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate to include :
Products and Completed Operations - $1,000,000, and,
Contractual Liability coverage, and,
On-going Operations;
Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
Property Insurance naming the City in an amount equal to greater of
Contractor’s compensation or full replacement value of the work and equipment
while at Contractor’s facility on an all risk coverage basis.;
The City of Bozeman, its officers, agents, and employees, shall be included as an additional
insured on a primary non-contributory basis on both the Commercial General and
Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City .
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
28. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
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personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
29. Attorney Fees: In the event it becomes necessary for either party to this Agreement
to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing party or the party given notice shall be entitled to
reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel (to
include the City Attorney’s Office).
30. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
33. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
34. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
35. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
36. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
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37. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
39. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Work. Contractor may not assign
to any third party other than Contractor’s subcontractors on the Work, the right to receive monies
due from City without the prior written consent of City.
40. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
41. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Work, Contractor shall render services
as an independent contractor and not as the agent, representative, subcontractor, or employee of
the City. The parties further agree that all individuals and companies retained by Contractor at all
times will be considered the agents, employees, or independent contractors of Contractor and at
no time will they be the employees, agents, or representatives of the City.
42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA Xylem Dewatering Solutions, Inc.
CONTRACTOR
By: _______________________________ By:
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Jeff Mihelich, City Manager
Print Name:
Title:
220
Great People. Great Pumps.®
3860 Helberg Drive
Helena, MT 59602-5608
Tel: (406) 495-1335
Fax: (406) 495-1336
May 7
th
2019
Phone: (406) 582-3200
City of Bozeman
Attn: John Alston
814 N Bozeman Ave
Bozeman, MT 59715
Re: PM for Flygt Lift Station Pumps
Dear Mr. Alston,
This quote provides an outline for a service quotation concerning a preventative maintenance schedule
for your Flygt submersible lift station pumps. It is recommended by Xylem that a service should be
performed on each pump every year. Xylem’s price per day to service the City of Bozeman’s lift
stations is $2,000 per day. Xylem estimates this work to take two full days to complete. This price
includes:
Mileage from Helena, MT
Service truck
Two xylem technicians, nine hours per day
Any necessary per diem
This price does not include extra pump parts such as bearings, seals or consumables such as seal oil.
Xylem estimates a cost of $75 per pump for required amount of seal oil. The city of Bozeman will be
charged based upon actual amount of oil used. Please note that Xylem does not perform any confined
space entries. Xylem also does not perform wiring or unwiring of pumps into the control panels.
Xylem appreciates the opportunity to discuss this business and look forward to providing our services.
Please review the information carefully and notify us if you wish clarification concerning any portion of
the information. I can be reached by phone at (406) 417-1987
Thank you for considering Xylem Dewatering Solutions.
Sincerely,
Dalton Oyler
Sales Engineer
dalton.oyler@xyleminc.com
406-495-1335 (office)
406-417-1784 (Cell)
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222
Memorandum
REPORT TO: City Commission
FROM: Tara Preston, Asset/GIS Systems Administrator
Zac Collins, Asset Systems Program Manager
Jon Henderson, Strategic Services Director
SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with
Geographic Technologies Group (GTG) to Conduct a GIS Data and Database
Architecture and Data Maintenance Health Check
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Agreement - Vendor/Contract
RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with
Geographic Technologies Group (GTG) to conduct a GIS data and database
architecture and data maintenance health check.
STRATEGIC PLAN: 7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:
In 2017, the City of Bozeman underwent a full GIS System Architecture
review. The resulting products from this review included a recommendation
to expand the system architecture and transition into an enterprise wide
Web GIS platform (ArcGIS Enterprise). Over the last 3 years the City’s GIS
staff have added additional ArcGIS Servers and built out a full ArcGIS
Enterprise implementation including Portal, Data Store, Host ArcGIS Server,
additional federated ArcGIS Servers, and Image Server.
Now that the City has a fully developed Web GIS, we are intending to
contract GTG to help us develop a plan to do the same for our database
architecture and data maintenance routines. The attached Professional
Services Agreement will enable the City to work with GTG to conduct a
system wide GIS Data and Database Architecture and Data Maintenance
Health Check to include recommendations for long term database stability
and improved performance.
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This agreement has been reviewed by the Legal Department and found to be
acceptable in meeting the City’s specifications and standards.
UNRESOLVED ISSUES: None.
ALTERNATIVES:
As suggested by the City Commission.
FISCAL EFFECTS:
$35,000 is currently allocated for this work within the FY21 approved budget
for the GIS Division of the Strategic Services Department.
Attachments:
Professional Services Agreement - GIS Data Health
Check.docx
GTG Proposal for GIS Data and Database Architecture and
Data Maintenance Health Check.pdf
Report compiled on: February 11, 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 24 day of February, 2021 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Geographic Technologies Group (GTG), 1202 Parkway Dr.,
Goldsboro, NC 27534, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Effective Date: This Agreement is effective upon the date of its execution
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services (Exhibit A). For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services
(Exhibit A). Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
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required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
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additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Tara Preston, Asset/GIS Systems Administrator or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
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be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
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applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
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17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
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this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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236
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
2 | Executive Summary
GEOGRAPHIC TECHNOLOGIES GROUP
City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data
Maintenance Health Check
1202 Parkway Drive
Goldsboro, NC 27534
888.757.4222
• Esri Silver Business Partner
• FME Business Partner and User
• Naviline Experts and Central Square
Business Partner
• Cityworks User and Experience
• Laserfiche Specialists
• GIS Integration Specialists
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Cover Letter
A. Executive Summary .......................................................................................................... 1
B. Firm Profile ........................................................................................................................ 4
Esri Partner ............................................................................................................................ 5
Quality GIS Consulting Services .......................................................................................... 5
Award-Winning Company .................................................................................................... 6
C. Proposed Solution ............................................................................................................ 7
D. Scope of Project .............................................................................................................. 10
Project Understanding ....................................................................................................... 10
Scope of Services ................................................................................................................. 12
Project Timeline .................................................................................................................. 24
E. Related Experience and Projects ...................................................................................... 25
F. Statement of Qualifications ........................................................................................... 33
Professional Credentials, Experience, and Qualifications ............................................. 33
G. References....................................................................................................................... 35
H. Present and Projected Workloads ................................................................................. 36
Present Workload Activities and Coordination ............................................................... 36
Project Team Workloads .................................................................................................... 36
I. Key Personnel ................................................................................................................. 38
J. Price Proposal ................................................................................................................. 41
K. Additional Information................................................................................................... 42
L. Affirmation of Nondiscrimination & Equal Pay ............................................................ 45
COVID-19 Statement
Our GIS Team will be able to conduct all required data, database architecture, and data
maintenance reviews with no physical contact with the City of Bozeman staff. GTG utilizes
Zoom and Microsoft Teams for remote collaboration.
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January 15, 2020
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
Re: RFP: GIS Data and Database Architecture and Data Maintenance Health Check
Dear Mr. Maas:
Geographic Technologies Group (GTG) understands that the City of Bozeman is looking for a qualified,
experienced, and expert partner to analyze, document, and improve the organization’s geodata ecosystem. Our
team has worked with the City of Bozeman and is excited about proposing on this project.
GTG offers the City of Bozeman the following credentials:
• The world’s leading GIS strategic planning company – GISPlan.com or GISRoadmap.com
• Specific expert experience in data and database architecture and data maintenance procedures and Best
Business Practices
• A good working relationship with the City of Bozeman
• A hand-picked small cadre of GIS Databases and Architecture specialists
• A commitment to a $30,000 Budget
• Key references from Local Government Organizations:
• City of Morgan Hill, CA – GIS Data and Databases Architecture and Database Maintenance
• City of Vancouver, WA – GIS Data and Databases Architecture and Database Maintenance
• City of Lawrenceville, GA – GIS Data and Databases Architecture and Database Maintenance
• Seminole Tribe of Florida, FL – GIS Data and Databases Architecture and Database Maintenance
• Gwinnett County, GA – GIS Data and Databases Architecture and Database Maintenance
• City of Lathrop, CA – GIS Data and Databases Architecture and Database Maintenance
The City of Bozeman’s GIS data and database architecture is complex and mission-critical to the success of the
GIS initiative. GTG has the experience, technical expertise, and knowledge of industry best practices to deliver a
complete, robust, and tailored GIS data assessment. Our team understands that for the City of Bozeman to
improve its geodata operations, the City must first develop a deep understanding of its geodata ecosystem.
GTG’s holistic approach in evaluating the entire GIS, including user workflows, system architecture, integrations,
data quality, and data management allows for this understanding to be cultivated and turned into tailored,
actionable recommendations.
GTG’s decades of experience conducting systemic GIS assessments, data reviews, strategic planning and
integration services for local government positions us to be uniquely qualified to provide expert insights and
services to the City.
We are excited about proposing our solution to the City.
Many Regards,
Mr. David Holdstock, BA, MA, GISP
CEO, Geographic Technologies Group (GTG), Inc.
1202 Parkway Drive Goldsboro, NC 27534
P: 919.759.9214 | E: dholdstock@geotg.com
Supported By
A Team of Experts:
Jason
Marshall
Andrew
Valenski
Jessy
Beasley
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City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
Executive Summary | 1
GEOGRAPHIC TECHNOLOGIES GROUP
A. Executive Summary
The goal of this project is to provide the City of Bozeman a full review and assessment of all
existing database architecture (both traditional geodatabase as well as hosted data) and
provide Best Business Practices (BBP) and recommendations for transitioning from a
traditional GIS to a web-based Enterprise GIS. The table below illustrates the recommended
9 tasks and outcomes of the project.
GIS Data & Database Architecture and Data Maintenance Health Check
Review and Analysis Outcomes
1. Enterprise Geodatabase
Step-by-step strategy to improve the use
of enterprise geodatabases
2. File Geodatabase
Step-by-step strategy to improve the
effective use of file geodatabases
3. Hosted Data
Step-by-step strategy to improve the efficiency
of ArcGIS Enterprise data store and ArcGIS Online
4. GIS Integrations and FME
Optimization strategy to create a
SMARTCITY SYSTEM OF SYSTEMS -
INTEROPERABILITY
Key Recommendations Outcomes
5. Improving Database Maintenance
and Overall Performance
Improved database maintenance and
performance recommendations
6. Improve Data Management
Improved data management tools
and techniques
7. Migrating to New Data Models
Detailed options and migration
strategy to new data models
8. When to Use a File Geodatabase,
and Hosted Feature Services
Detailed recommendations on the
optimum database architecture
Transition Plan Outcomes
9. ArcGIS Desktop to ArcGIS Pro Step-by-step transition strategy
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City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
2 | Executive Summary
GEOGRAPHIC TECHNOLOGIES GROUP
Our team has read the City of Bozeman’s Request for Proposals (RFP) and understand the
following:
• The City of Bozeman’s GIS is a success!
• The City is looking to take its enterprise GIS to the next level of database
management.
• The City of Bozeman’s suite of geospatial services and data are deeply connected to
many of the City’s core operations.
• In addition to exposing geospatial data, services, and applications to residents,
partners, and employees, the GIS supports the continued operation and success of
the City’s other departments. Among others, the GIS is integrated with the Finance
Department (Navline, Orion), the Engineering Groups (Cityworks, Innovyze, Neptune,
Dropcountr, GrainteNet), Emergency Services (Zuercher, LiGO), and Human
Resources/Project Management (Laserfiche).
• GIS integrations are achieved using FME, ETL (Extract-Transform-Load) processes, and
automated scripts, which move and transform data throughout the organization.
• The organization’s existing Geographic Information System (GIS) is centrally positioned
in the organization’s technology landscape, serving as both a source of authoritative
spatial data for other information systems/applications and as an integration
destination for data flows. The movement of data within the organization is
critical for operational success and developing an understanding of the City’s data
ecosystem is paramount.
• While hosted feature layers are appropriate in some situations, the Enterprise
Geodatabase is not going away. Therefore, recommendations for improved
database maintenance and performance are also very important. Additionally,
the City is interested in learning about and exploring new data models and data
maintenance processes. To meet these needs, GTG will address the nine (9)
requirements of the City through a custom GIS-centric data assessment methodology.
The nine (9) components of GTG’s holistic assessment are detailed below.
GTG’s robust assessment methodology enables organizations to better understand their
data and data ecosystem, and to use those insights to take actionable measures at improving
operations. The City of Bozeman is unique, and the needs, workflows, and database
operations need to be given appropriately tailored analysis to best serve the
organization.
Geographic Technologies Group (GTG) understands the complex and interwoven position of
GIS within the City of Bozeman and recognizes the value of understanding and optimizing
data processes for organizations. GTG is experienced in evaluating and analyzing data
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GEOGRAPHIC TECHNOLOGIES GROUP
operations and generating achievable, effective, and efficient roadmaps for improving data
operations. GTG’s holistic approach to data assessment considers the use and lineage of
data, how and where data is stored, consumed, and maintained, and the underlying
database design and system architecture.
Geographic Technologies is a leading expert in GIS
Technology and has written several publications on the
matter. One of these includes a white paper for Local
Government about GIS Database Architecture discussing
File Geodatabases vs Personal Geodatabase vs ArcGIS Data
Store vs Enterprise Geodatabase and RDBMS SDE.
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GEOGRAPHIC TECHNOLOGIES GROUP
B. Firm Profile
Geographic Technologies Group, Inc. (GTG) is one of the country’s leading full-service local
government GIS consulting companies, allowing us to have expertise in every area of GIS.
Headquartered in North Carolina with regional offices throughout North America, GTG has
secured state, national, and international awards for geospatial planning and enterprise
planning solutions. Founded in 1997, our company celebrates more than twenty-three years
of growth and success. Built on its tradition of deploying the very best GIS solutions for
government, GTG now has over 700 clients nationwide. A corporate culture of quality,
understanding government operations, and commitment to our clients allows GTG to
continue to build an outstanding GIS portfolio. Our team takes pride in completing work
within budget, and as scheduled. For over two decades GTG has gained exceptional
experience in providing GIS data, database architecture, and data maintenance reviews.
GTG is equipped and available to deliver incomparable services to the City of Bozeman.
We are fully prepared to support the City of Bozeman with the following tasks as outlined
in the RFP. We will conduct a full data, database architecture, and data maintenance review
of the City’s GIS and other integrated asset management databases.
Legal Name of Company: Geographic Technologies Group, Inc.
Company Contact
Email: dholdstock@geotg.com
Telephone: 919.759.9214
Address: 1202 Parkway Drive Goldsboro, NC 27534
Website: www.geotg.com and www.GISPlan.com
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GEOGRAPHIC TECHNOLOGIES GROUP
Esri Partner
GTG has been an Esri Business Partner since 1998. Currently an Esri Silver
Partner, GTG is the leading local government Esri expert. We were the first Esri
Business Partner to achieve the following distinctions: Esri Gold Partner, Esri
ArcGIS Online, and the ArcGIS for Local Government specialties. We are also
recognized as an Esri Cornerstone Partner. As a group of Esri technologists,
we are experts in the entire Esri suite of software. Most recently, we are working
closely with Esri on new emerging technologies that will influence the City of Bozeman in the
future, including but not limited to ArcGIS Pro, ArcGIS Urban, ArcGIS Hub, as well as Insights
and Dashboards.
Quality GIS Consulting Services
GTG offers the very best cadre of experts in geospatial technologies. The
success of GIS in local government is dependent on many factors, including
the creation and maintenance of accurate and reliable GIS data and
databases. GTG offers a complete range of geospatial services, including:
• Data Migration
• Geo-Database Design
• GIS Data and Database Assessments
• Database Management and Performance
• System Architecture Design
• Esri Software Deployment and Implementation
• Software Migration and Integration
• Data Layer Creation, Collection, and Conversion
• GPS Inventory Services
• Cartography, Map Creation, and Conversion
• GIS and IT Integration
• GIS Spatial Analysis
• Application Development and Maintenance
• GIS Configuration
• Technical Support Services
• Staff Training and Education
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GEOGRAPHIC TECHNOLOGIES GROUP
Award-Winning Company
Our unique insight and experience have allowed us to develop a successful approach to GIS
implementation. GTG has received the following awards for our GIS products, services, and
solutions.
A list of GTG’s awards for GIS in Local Government 2000-2020 are as follows:
• Esri Business Partner of the Year
• Esri International Award for Mobile Applications
• Esri Special Achievement in GIS Award, Campbell County/Gillette,
Wyoming
• URISA Gold Award
• Esri Special Achievement in GIS Award, City of Unalaska, Alaska
• Esri Best Citizen Engagement Award
• Esri Cornerstone Partner Recognition
• American City and County Excellence Award in GIS
• URISA Exemplary Systems in Government
• URISA Excellence Award In GIS
• URISA City of Guelph Best Web GIS
• URISA City of Guelph Best Public-Sector GIS
• Herb Stout Exemplary Use of GIS
Technology in Local Government
• URISA Distinguished Exemplary Systems
Award
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C. Proposed Solution
Geographic Technologies Group recommends additional project activities be included in the
project scope to ensure a successful project. The following details all the tasks required to
complete the scope of services outlined in the RFP and this proposal.
GIS Data & Database Architecture and Data Maintenance Health Check
A. Kick-Off Meeting - 1 Hour
a. Teams or Zoom Meeting
b. Introductions to GTG Team and City of Bozeman
B. Project Scope of Services Presentation and Outline to all City of Bozeman
Stakeholders – 1 Hour 30 Minutes
a. Teams or Zoom Meeting
b. Scope of Services
• 9 Tasks and 9 Deliverables
c. Timeline
• 3 Month Project
d. Budget
• $30,000 Project
e. City Requirements
• Attend Teams Meetings
• Support GTG with remote access to City
systems
• Data gathering of related documentation about IT infrastructure,
integrated solutions, architecture, bandwidth, and any known
challenges or barriers to success.
C. Nine (9) Project Tasks
a. Project Weekly Status Updates
b. Project Presentations
The following lists the recommended Teams meeting presentations for the scope of
work. Our team wants to keep the City of Boseman in the loop and informed on
everything we are doing.
9 Tasks for the City of
Bozeman Project
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Each presentation will be 60-90 minutes with time for Question and Answer.
o Presentation #1: Task 1 and Task 2
o Presentation #2: Task 3
o Presentation #3: Task 4 and Task 5
o Presentation #4: Task 6
o Presentation #5: Task 7
o Presentation #6: Task 8
o Presentation #7: Task 9
D. Project Deliverables
a. DRAFT Deliverables
b. FINAL Deliverables
As mentioned above, Geographic Technologies Group proposes a 9-step approach for this
project. The following graphic illustrates the 9 Project Steps and the 9 Project deliverables
that are critical to the success of this project.
GTG has been wonderful
to work with. They are
professional,
knowledgeable, and
always there when we
need them. I wish all my
vendors were as
responsive and
thorough. I can always
count on GTG!
- City of Lauderhill, FL
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Project Deliverable Documentation for each task:
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D. Scope of Project
Project Understanding
It is extremely important to understand the City of Bozeman’s existing GIS data and database
architecture and data maintenance procedures, as well as the City’s GIS governance model,
workflows, procedures, protocols, and integrations. Additionally, understanding the level of
interoperability, the Esri GIS ecosystem, IT infrastructure, and all training, education, and
knowledge transfer activities. The six pillars of GIS sustainability are extremely important and
will guide our information gathering tasks. A successful GIS Data and Database Architecture
and Data Maintenance health check must address all related components and
dependencies.
Six Pillars of GIS Sustainability - Smart City Initiative
1. GIS Governance
2. GIS Data and Database Architecture and Data Maintenance Procedures
3. GIS Workflow, Procedures, and Integration (Interoperability)
4. GIS Software
5. IT Infrastructure
6. Training, Education, and Knowledge Transfer
The City of Bozeman’s scope of services includes 9 very specific tasks. We have developed a
scope of services that enhances the City’s 9-step approach. The ultimate outcome is a
comprehensive GIS Data and Databases Architecture and Data Maintenance Health Check
that identifies clear and concise tasks and outcomes.
Our team understands the following:
• The City of Bozeman has had a GIS Division for over 20 years.
• Since the year 2000, the use of GIS has expanded from a hand full of layers for 1-2
divisions to providing support across every department within the City. The City built
a true enterprise GIS with users in every department.
• The GIS Division has expanded its Esri production environment from Coverages and
Shapefiles to supporting a robust and complex Enterprise Geodatabase, File
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Geodatabases, ArcGIS Enterprise (Portal), stand-alone ArcGIS Servers, and ArcGIS
Online.
• Today, most of the City’s production data is stored in an Enterprise Geodatabase, but
with the industry-wide transition into Web GIS, the City is starting to migrate into
hosted data in ArcGIS Enterprise and ArcGIS Online.
• Using FME (Safe Software) the City’s GIS Department has created a highly
integrated environment. GIS is integrated with many existing databases
and systems across the organization. This includes, but is not limited to:
• Cityworks
• Navline (finance, utilities, billing, planning)
• Innovyze hydraulic models
• Neptune (water meters)
• Dropcountr (water use tracking)
• CUES GraniteNet (wastewater/stormwater pipe inspections)
• Zuercher (911)
• Emergency Reporting (fire)
• Montana Department of Revenue Orion database
• Laserfiche
• LiGO (Automatic Vehicle Location (AVL))
• Utility Locates
• In 2017, the City of Bozeman underwent a full System Architecture review with Esri.
The resulting products from this review included a recommendation to expand the
system architecture and transition into an Enterprise-wide Web GIS platform (ArcGIS
Enterprise).
• Over the last 3 years, the City’s GIS staff have added additional
ArcGIS Servers and built out a full ArcGIS Enterprise
implementation including Portal, Data Store, Host ArcGIS
Server, additional federated ArcGIS Servers, and Image Server.
• In 2021 Web GIS is fully developed within the City. The City of
Bozeman is now requesting assistance in developing a plan of
action to do the same with the City’s database architecture. To
meet these needs, GTG will address the nine (9) requirements
of the City through a custom GIS-centric data assessment
methodology. The nine (9) components of GTG’s holistic
assessment are detailed on the following pages.
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Scope of Services
CITY OF BOZEMAN
GIS Data and Databases Architecture
and Database Maintenance Health Check
and Strategic Action Plan
The goal of this project is to provide the City of Bozeman’s GIS department with a full review
and assessment of their existing database architecture (both traditional geodatabase as well
as hosted data) and provide best business practices and recommendations for transitioning
from a traditional GIS to a web-based Enterprise GIS. While hosted feature layers are
appropriate in some situations, the Enterprise Geodatabase is not going away. Therefore,
recommendations for improved database maintenance and performance are also very
important. Additionally, the City is interested in learning about and exploring new data
models and data maintenance processes. To meet these needs, GTG will address the nine
(9) requirements of the City through a custom GIS-centric data assessment methodology.
Furthermore, GTG has included additional project steps. The scope of services GTG
recommends to the City of Bozeman is as follows.
A. Kick-Off Meeting
GTG will employ its industry knowledge and experience to conduct a Kick-
Off Meeting for all interested GIS users within the City. The initial
presentation will last 60 minutes and will provide an opportunity for early
interaction with the project team and introductions between the City of
Bozeman and the Geographic Technologies Group Team.
B. Project Scope of Services Presentation and Outline to all City of
Bozeman Stakeholders
This presentation can be expected to last a duration of one hour and thirty
minutes with the goal of reviewing the project to all of the City of Bozeman
GIS stakeholders. GTG will cover the 9 tasks and deliverables to be
expected from those tasks, the 3-month project timeline associated with
the tasks, and a breakdown and review of the budget for this project.
Additionally, the team can discuss the required activities from the City, including (but not
limited to); attending teams meetings, supporting GTG with remote access to City systems,
and assistance with gathering data and related documentation about IT infrastructure,
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Integrated solutions, architecture, bandwidth and any known challenges or barriers to
success.
C. Nine (9) Project Tasks
The nine (9) components of GTG’s holistic assessment are detailed below. To accompany
these tasks, GTG will provide the City of Bozeman with weekly project status updates. The 9
tasks will include:
1. Review of the existing use of Enterprise Geodatabase
GTG has decades of experience administering and maintaining
Enterprise Geodatabases and Microsoft SQL Servers. At the core of the
City’s GIS operations is its Enterprise Geodatabase, which supports the
City’s GIS userbase, the ArcGIS Enterprise deployment, and Geocortex
environment. GTG will conduct a detailed review of the Enterprise
Geodatabase, documenting the geodatabase configuration specifications, analyzing the
geodatabase system tables, usage statistics, and the underlying server’s performance
metrics. Additionally, GTG will document the security model, and identify any potential
vulnerabilities/improvements to be made which may improve sharing and/or access-control.
GTG will also document Enterprise Geodatabase use patterns by reviewing database usage
through ArcGIS Enterprise, scripted processes, and FME consumption. This core assessment
will not only provide the City with a better understanding of its geodatabase but will also be
used to inform other components of GTG’s work to provide a holistic and complete review
of the City’s geodata systems.
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Deliverable #1: Enterprise Geodatabase Assessment
• Weekly Updates
• City of Bozeman’s Enterprise Geodatabase Assessment
• Overview
• Executive Summary
• Enterprise Geodatabase Use
• Enterprise Geodatabase Configuration
Specifications
• Analysis of Enterprise Geodatabase
• System Tables
• Usage Statistics
• Underlying Server’s Performance
Metrics.
• Security Model
• Potential vulnerabilities
• Improvements
• Sharing and/or access-control.
• Improvements
• Enterprise Geodatabase Use Patterns
• Conclusions and Recommendations
2. Review of the existing use of File Geodatabases
File geodatabases offer specific benefits to GIS operations within an
organization, but, when misused, can negatively impact the overall
health of geodata activity. GTG will work with the City of Bozeman GIS
staff and users to identify and document the use of file geodatabases
across the organizations. Once the file geodatabase landscape has been
plotted, GTG and the City will evaluate the content of these data sources, evaluate the use
and use-patterns of these data sources, and develop a plan to use file geodatabases more
effectively across the organization. This analysis will identify duplicated data, stagnant data,
incomplete/unknown data, and ultimately yield a report recommending plans of action to
best utilize these resources.
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Deliverable #2: File Geodatabases Assessment
• Weekly Updates
• Presentation #1: Task 1 and Task 2
• City of Bozeman’s File Geodatabase Assessment
• Overview
• Executive Summary
• File Geodatabase Use
• File Geodatabase Configuration
Specifications
• Analysis of File Geodatabase
• Usage Statistics
• Underlying Server’s Performance
Metrics.
• Content Review
• Security Model
• Potential vulnerabilities
• Improvements
• Sharing and/or access-control.
• Improvements
• File Geodatabase Use Patterns
• Conclusions and Recommendations
3. Review of the existing use of Hosted data (ArcGIS Enterprise
Data Store and ArcGIS Online)
Using the most up-to-date methods and practices, such as the ArcGIS
API for Python, NodeJS, and ArcGIS Enterprise utility tooling, GTG will
generate a complete report of the City’s hosted data. Hosting data
offers considerable benefits to traditional on-premises data storage,
but is often misused, overused or under-reported, resulting in an
inefficient data storage solution. GTG’s technical team has worked with ArcGIS Enterprise
and ArcGIS Online for decades and not only understands the underlying platforms that
enable hosted storage, but also the industry best practices for leveraging hosted data
storage. GTG will identify the extent of the City’s hosted data ecosystem and work in tandem
with internal stakeholders to determine the value, authority, and accuracy of hosted
datasets, and make determinations about their utility and appropriateness.
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Deliverable #3: Hosted Data Assessment (ArcGIS Enterprise Data Store and ArcGIS Online)
• Weekly Updates
• Presentation #3: Task 3
• City of Bozeman’s Hosted Data Assessment
• Overview
• Executive Summary
• Hosted Data Use and Hosted data
Ecosystem
• Hosted data Configuration Specifications
• Analysis of Hosted Data
• Usage Statistics
• Underlying Server’s Performance
Metrics.
• Content Review
• Security Model
• Potential vulnerabilities
• Improvements
• Sharing and/or access-control.
• Improvements
• Hosted Data Use Patterns
• Conclusions and Recommendations
4. Recommendations for improving database maintenance and
overall performance.
Effectively administering and maintaining an Enterprise Geodatabase
is critical to the long-term success and health of a database and GTG
has decades of experience maintaining Enterprise Geodatabases.
GTG’s analysis of the existing Enterprise Geodatabase will inform this
component of our holistic approach, resulting in instance-level recommendations for
database tuning and potential configuration changes. GTG will analyze the City’s set of
maintenance scripts and activities and work with the GIS Administrator(s) to cultivate an
understanding of what maintenance activities are currently in place. Additionally, GTG will
gather information about user and process workflows to evaluate whether database
management/performance can be improved by addressing consumption patterns.
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These efforts, in conjunction with the findings of our analysis of the Enterprise Geodatabase
as a whole, will result in a set of recommendations for more effectively maintaining the City’s
SQL Server instance. GTG will also review the City’s existing backup-and-recovery procedures
and failover mechanisms to evaluate the stability and resilience of the organization’s
Enterprise Geodatabase.
Deliverable #4: Improving Database Maintenance and Overall Performance
• Weekly Updates
• City of Bozeman’s Database Maintenance and Performance
• Overview Executive Summary
• Analysis of Maintenance Scripts,
Procedures, Protocols, and Activities
• Analysis of User and Process Workflows
• Consumption Patterns
• Document Existing Maintenance and
Performance Conditions
• Review the City’s existing backup-and-
recovery procedures and failover
mechanisms.
• Recommended Tuning and Configuration
Changes
• Recommendations for more effectively
maintaining the City’s SQL Server instance
• Recommendations for more effectively
maintaining the City’s SQL Server instance
• Recommendations for backup-and-
recovery procedures and failover
mechanisms
5. Recommendations to improve data management (including
integrations)
GTG will conduct a holistic data consumption analysis, documenting
which datasets are being consumed through ArcGIS Enterprise, via
scripted processes, and through FME integrations. This analysis will
reveal how data is being consumed, which will provide the backdrop for
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understanding how the data can be better used and managed. GTG will examine the existing
editing workflows, including the City’s use of versioning and replication, to document intra-
system data flows. These analyses will provide insights into how the City may better leverage
the tooling of multi-user; concurrent data management practices enabled by the
geodatabase model.
GTG will also review the City’s adherence to metadata management, a critical component of
data quality and content discovery. GTG will review the geodatabase conventions, such as
naming, ownership, access, and permissions, and make recommendations on improving the
consistency and security of datasets within the Enterprise Geodatabase. GTG will work with
the City of Bozeman stakeholders to cultivate an understanding of geodatabase integrations
and identify process improvements to more effectively, efficiently, and/or safely leverage
geodatabase resources.
Deliverable #5: Improving Data Management
• Weekly Updates
• Presentation # 3: Task 4 and 5
• City of Bozeman’s Data Management
• Overview
• Define Data Management
• Executive Summary
• Holistic Data Consumption Analysis
Report
• Existing Editing Workflows
• Versioning and Replication
• Intra-system Data Flow
• Database Conventions
• Naming
• Ownership
• Access
• Permissions
• Security
• Mata data Standards and Management
• Recommendations about Improvements
to data usage and management
• Recommendations and Insights into
improved leveraging and tooling of multi-user, concurrent data management
practices
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6. Recommendations for migrating to new data models (i.e.,
ArcGIS Solutions for Local Government, Utility Networks, etc.)
As a part of GTG’s Enterprise Geodatabase analyses, our team will
review the completeness, accuracy, and health of the City’s “core
datasets.” Core datasets refer to the fundamental and critical datasets
that underpin most GIS operations and integrations and often include
parcels, centerlines, and utility data. GTG has worked with many organizations to improve
the structure and accuracy of their core datasets by identifying current issues/limitations and
developing a processional roadmap to improving the data while continuing to use the data
across the system. GTG’s experience working with ArcGIS Data Models (ArcGIS
Solutions/Utility Network) will inform our analyses and make determinations about the
relative costs and benefits of modifying core dataset structures/schemas. GTG will make a
set of recommendations on how to improve the quality and schematic interoperability of the
City’s datasets with Esri’s data models.
Deliverable #6: Migrating to New Data Models Report
• Weekly Updates
• Presentation #4: Task 6
• City of Bozeman’s Migrating to New Data Models Report
• Overview
• Executive Summary
• Review Completeness, Accuracy, and
Health of the City’s “core datasets.”
• Identifying Current Issues and Limitations
• Developing a processional roadmap to
improving the data while continuing to
use the data across the system.
• Recommendations on how to improve the
quality and schematic interoperability of
the City’s datasets with Esri’s data models.
• Recommendations for ArcGIS Data
Models
• Recommendations for Utility Network
Models
• Water
• Sewer
• Strom Water
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7. Recommendations on when to use a File Geodatabase,
Enterprise Geodatabase, and Hosted Feature Services (ArcGIS
Enterprise or ArcGIS Online), including best practice.
GTG has designed and implemented hundreds of GIS deployments,
providing the organization with a rich and thorough understanding of
architectures, strategies, and practices. This experience coupled with
the continued efforts to stay up to date with Esri’s best practices enables GTG to provide the
best consultative services to the City related to data architecture. GTG will use our
professional experience and knowledge of industry best practices to tailor a custom set of
recommendations for the management of data for the City. GTG’s analyses of the Bozeman
GIS and geodata ecosystem will be front-and-center to GTG’s recommendations, ensuring
that the City is not given a “one-size fits all” solution, but rather an achievable, realistic,
effective, and efficient set of solutions that will meet the unique needs of the City now and
into the future.
Deliverable #7: When to use a File Geodatabase, Enterprise Geodatabase, and Hosted
Feature Services (ArcGIS Enterprise or ArcGIS Online), including best practices.
• Weekly Updates
• Presentation #5: Task 7
• City of Bozeman’s Best Business Practices
(BBP) - Use of File Geodatabase, Enterprise
Geodatabase, and Hosted Feature Services
(ArcGIS Enterprise or ArcGIS Online)
• Overview
• Executive Summary
• Best Business Practices (BBP)
• Use of File Geodatabase,
• Use of Enterprise Geodatabase
• Use of Hosted Feature Services
(ArcGIS Enterprise or ArcGIS
Online)
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8. Review of the existing GIS integrations and how to use FME
more efficiently to channel data to the appropriate
repositories (File Geodatabase, Enterprise Geodatabase,
Hosted Feature Service, etc.)
GTG will review the current FME workflows to understand the sources,
sinks, and transformations of data within the organization. GTG will
also work with GIS stakeholders to develop an understanding of why
these processes are in place and what purpose they are serving. With an informed
perspective of “what” and “why,” GTG will evaluate the FME processes and identify areas of
potential improvement, simplification, or consolidation. Additionally, GTG will examine the
efficacy and efficiency of these FME processes and consider the relative efficacy and
efficiency of other ETL processes and make recommendations on how the City can most
effectively accomplish its goals. GTG will also provide a preliminary assessment of the
potential utility of implementing a centralized Data Warehouse that could be leveraged as
an interagency resource for consuming data.
Deliverable #8: Review of the existing GIS integrations and how to use FME more efficiently
to channel data to the appropriate repositories (File Geodatabase, Enterprise Geodatabase,
Hosted Feature Service, etc.)
• Weekly Updates
• Presentation #6: Task 8
• City of Bozeman’s Review of the existing GIS
integrations and how to use FME more
efficiently to channel data to the
appropriate repositories (File Geodatabase,
Enterprise Geodatabase, Hosted Feature
Service, etc.)
• Overview
• Executive Summary
• Highly Integrated Environment
• Existing Integrations Assessment
• Cityworks
• Navline (finance, utilities, billing,
planning)
• Innovyze hydraulic models
• Neptune (water meters)
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• Dropcountr (water use tracking)
• CUES GraniteNet (wastewater/stormwater pipe inspections)
• Zuercher (911)
• Emergency Reporting (fire)
• Montana Department of Revenue Orion database
• Laserfiche
• LiGO (Automatic Vehicle Location (AVL))
• Utility Locates
• Other Software and databases Solutions not listed in RFP
• Evaluation of the current FME (Safe Software) use and workflows.
• FME Recommendations
• Citywide Integration Recommendations and Data warehousing Options
9. A plan for transitioning from ArcGIS Desktop to ArcGIS Pro.
ArcGIS Pro is the latest and premier solution for Desktop GIS;
however, many organizations are still working predominantly with the
“legacy” tooling of ArcMap and ArcCatalog. GTG has worked with
hundreds of governmental agencies and consulted on this matter
successfully, developing roadmaps for staged adoption of the new
technology. GTG’s process begins with developing an understanding of the current Desktop
GIS userbase and their workflows. After GTG has developed an understanding of the Desktop
GIS community, GTG will then evaluate the City’s licensing situation to understand the
current and future potential of migrating from ArcMap to ArcGIS Pro.
Once the City’s userbase has been adequately described and their licensing situation
understood, GTG will work with City GIS staff to develop a training plan and staged roadmap
for user migration. As the Web GIS environment of the City continues to grow, GTG has
discovered that coupling the processes of Portal for ArcGIS adoption with ArcGIS Pro
adoption for a more seamless GIS experience can serve as the catalyst for organic usage.
GTG will develop a custom transition plan for the organization that will empower the users,
identify critical workflows that need to be included in organizational training, and set realistic
goals for a successful migration.
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Scope of Project | 23
GEOGRAPHIC TECHNOLOGIES GROUP
Deliverable #9: ArcGIS Transition Plan
• Weekly Updates
• Presentation # 7: Task 9
• City of Bozeman’s Plan to Transition from
ArcGIS Desktop to ArcGIS Pro.
• Overview
• Executive Summary
• Existing Desktop GIS Userbase and Workflows
• Esri Licensing Evaluation
• Recommended Approach
• Development of a Custom Transition and
Training Plan
• Workflow Migration to ArcGIS Pro
• Realistic Goals and Objectives
D. Project Deliverables
GTG will provide draft deliverables to the City of Bozeman to allow for comments and edits,
and then GTG will finalize all documentation prior to delivery. Here is an example of how we
can deliver the GIS Data and Database Architecture and Data Maintenance Health
Check final documentation:
https://online.fliphtml5.com/otxj/ivoz/
GTG’s decades of experience providing superior GIS consultative services to governments, in
addition to our established technical staff of GIS analysts, database administrators, IT
professionals, GIS developers, and Enterprise GIS consultants, position us well to deliver the
City of Bozeman a robust assessment of the organization’s geodata ecosystem.
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GEOGRAPHIC TECHNOLOGIES GROUP
Project Timeline
Geographic Technologies Group believes a three-month timeline is feasible for this project. We recommend starting in February
2021 with a completion at the end of April 2021.
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E. Related Experience and Projects | 25
GEOGRAPHIC TECHNOLOGIES GROUP
E. Related Experience and Projects
Geographic Technologies Group serves government agencies of various sizes and
characteristics. Our team has extensive and successful experience working with small
villages and towns like Dutch Harbor, Alaska; the Town of Windsor, California; and
the Village of Snowmass, Colorado. We have also provided plans for small and medium-
size cities to include the City of Roswell, Georgia; City of Hobart, Indiana; City of Rio
Rancho, New Mexico; City of Guelph, Ontario, Canada; City of Pearland, Texas; City of
Titusville, Florida; City of Edina, Minnesota; City of Berkeley, California; and the City of
Vancouver, Washington. Our experience with large organizations includes the City of
Mississauga, Ontario, Canada; City of Pasadena, California; The Public Works Agency
of Ashghal, Qatar; and Orange County, California. Our strategic planning clients also
include counties of all sizes including Campbell County, Wyoming; Macon-Bibb County,
Georgia; Forsyth County and Rockingham County, North Carolina; and Yuma County,
Arizona, as well as multi-agency initiatives like the Lane County, Oregon GIS Consortium.
GTG has conducted several projects related to the tasks requested in this RFP. They are as
follows:
Developed and Implemented Integration Tools, ETL Strategies, and Automation Scripts
GTG is trained in FME software and has successfully implemented hundreds of ETL
processes for GIS integrations with a myriad of systems and data formats. Most recently, our
team has developed and implemented integration tools, ETL strategies, and automation
scripts for many organizations including:
• City of Lawrenceville, Georgia
• City of Lathrop, California
• City of Mansfield, Texas
• City of Morgan Hill, California
• City of Lauderhill, Florida
• City of Roswell, Georgia
• City of Pico Rivera, California
• City of LaGrange, Georgia
• Missouri City, Texas
• Troup County, Georgia
• Town of Ocean City, Maryland
• City of South Portland, Maine
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GEOGRAPHIC TECHNOLOGIES GROUP
• City of Hobart, Indiana
• City of Fort Pierce, Florida
• Town of Snowmass Village, CO
Recommended, Designed, and Deployed File, Enterprise, and Hosted Solutions
Recently, we have recommended, designed, and deployed File, Enterprise, and Hosted
solutions for the following organizations. Each client has unique data management,
administration, and workflow needs. GTG assesses specific requirements for each client to
ensure recommendations are not only in line with industry best practices, but that are the
best fit for the client.
• City of Lawrenceville, Georgia
• City of Berkeley, California
• City of Lathrop, California
• City of Morgan Hill, California
• City of Roswell, Georgia
• City of Pico Rivera, California
• City of LaGrange, Georgia
• City of South Portland, Maine
• City of Hobart, Indiana
• Town of Snowmass Village, CO
• City of Fort Pierce, Florida
• City of Fulshear, Texas
Planned, Designed, and Deployed Esri Utility Models and the LGIM
The following is a list of organizations we have recently planned, designed, and deployed Esri
Utility models and the LGIM. These data model implementations include an assessment of
client needs and inclusion of custom attribute fields that may be needed by staff or other
systems for integration.
• City of Hobart, Indiana
• City of Lawrenceville, Georgia
• City of Morgan Hill, California
• City of Roswell, Georgia
• City of Fulshear, Texas
• Town of Snowmass Village, CO
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GEOGRAPHIC TECHNOLOGIES GROUP
Developed Data Maintenance and Improved Performance Solutions
Regular data maintenance and performance tuning is critical for ensuring GIS solutions are
adopted and used by local government staff. Our team has recently developed data
maintenance and improved performance solutions for the following local government
organizations.
• City of Hobart, Indiana
• City of Lawrenceville, Georgia
• City of Morgan Hill, California
• City of Roswell, Georgia
• City of Mississauga, Ontario
• Gwinnett County, Georgia
• City of Fulshear, Texas
Data Architecture and Data Maintenance Best Business Practices (BBP)
We have demonstrated our ability to use Data Architecture and Data Maintenance Best
Business Practices (BBP) for many local governments recently including:
• City of Lawrenceville, Georgia
• City of Berkeley, California
• City of Lathrop, California
• City of Mansfield, Texas
• City of Morgan Hill, California
• City of Lauderhill, Florida
• City of Roswell, Georgia
• City of Pico Rivera, California
• City of LaGrange, Georgia
• Missouri City, Texas
• Troup County, Georgia
• Town of Ocean City, Maryland
• City of South Portland, Maine
• City of Hobart, Indiana
• City of Fort Pierce, Florida
• City of Mississauga, Ontario
• City of Fulshear, Texas
• Town of Snowmass Village, CO
The following is additional information regarding recent GIS projects GTG has completed for
local government that have similar scopes as this project for the City of Bozeman. These
similar projects demonstrate our experience working with local government entities of
comparable size, structure, and complexity, as well as our expertise in GIS data and database
architecture, and database maintenance. These projects are a testament to our commitment
to delivering high-quality GIS consulting services on time and within budget.
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GEOGRAPHIC TECHNOLOGIES GROUP
The City of Morgan Hill, CA selected GTG to develop a comprehensive
GIS system architecture (web, application, and database tiers) as part
of a plan to implement enterprise-wide GIS. After initial meetings and
interviews with staff to determine the City’s needs, GTG created an
Enterprise GIS Strategic Plan to provide overall context and guidance
for the City’s program and to assure the proposed system met
stakeholder needs. The next step was to review and assess the
performance of the existing Morgan Hill GIS infrastructure, and gather
information on the IT systems, data and databases, current workflows, and integrations of
the system. A system was then designed capable of supporting the City user base, with GIS
tools and web applications to meet the city’s needs for data management, Web and mobile
applications, and GIS analytics. This assessment produced a depiction of how the City’s GIS
has been implemented, how it is currently being leveraged, and what opportunities exist for
strengthening and extending the organization’s GIS performance.
Subsequently, GTG implemented a Morgan Hill production web GIS and geodatabases that
adheres to Esri, industry, and GTG best practices. The system follows the multi-tiered
principle of system architecture (database, application, & web tiers) and isolates these
components to achieve workload separation. The GIS leverages Esri’s ArcGIS
Enterprise/ArcGIS Online platforms and is supported by an Enterprise Geodatabase
configured on Microsoft’s SQL Server Relational Database Management System (RDMS). The
project included the design, configuration, and deployment of ArcGIS Enterprise
Geodatabases, a data migration strategy and implementation, as well as setup of GIS
integrations and data management workflows. GTG has also recommended and advised on
ArcGIS Pro migration strategies.
Contact Information
Pam van der Leeden| GIS Manager| 17575 Peak Ave Morgan Hill, CA 95037
P: 669-253-4330 | E: pam.vanderleeden@morganhill.ca.gov| https://www.morgan-hill.ca.gov
City of Morgan Hill, CA – 2019
1 Population: 45,037
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E. Related Experience and Projects | 29
GEOGRAPHIC TECHNOLOGIES GROUP
GTG developed a GIS Needs Assessment and Strategic Plan for the City of
Vancouver in the fall of 2017. This plan defined a common and unified
vision and established a framework for City departments to efficiently
and effectively use and improve the City’s use of GIS technology. The plan
included an Implementation plan with specific prioritized actions to
improve data workflows and management, as well as recommendations
for database design, administration, and migrating to ArcGIS Pro.
In 2020, GTG implemented the recommended GIS for the City of Vancouver. The
implementation included a full GIS deployment of ArcGIS Enterprise and Geodatabases (web,
application and database tiers). The database implementation included a detailed data
migration plan and configuration for new data maintenance and database management
workflows. Recommendations were also made on how to best utilize the ArcGIS Data Store
for hosting GIS data versus maintaining data within the enterprise geodatabase. GTG also
trained Vancouver staff on these editing and database administration/performance
workflows. With all of these project tasks taken together, the City of Vancouver has a
performant, scalable and sustainable GIS to support their current and future GIS activities.
Contact Information
Eugene Durshpek | GIS Supervisor | 415 W. 6th St. Vancouver, WA 98660
P: (360) 487.7174 | E: eugene.durshpek@cityofvancouver.us | https://www.cityofvancouver.us/
In 2018, GTG performed a needs assessment for key departments and
developed a multi-phase GIS strategic plan to meet the goals and needs
of the City. Following the Strategic Plan’s creation, the City selected GTG
to push forward with helping implement the proposed enterprise GIS.
GTG began by conducting a database assessment and providing
database recommendations. GTG also migrated a majority of the City's
GIS data from file geodatabases into an Enterprise geodatabase under
the Local Government Information Model (LGIM). Throughout the past few years, GTG has
City of Vancouver, WA – 2017 - 2020
2 Population: 174,826
City of Lawrenceville, GA – 2018- Current
3 Population: 29,873
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GEOGRAPHIC TECHNOLOGIES GROUP
also aided in data creation, developed Database administration/maintenance Standard
Operating Procedures (SOPs), developed dynamic Web GIS applications, deployed mobile
GIS solutions, deployed Production and Development GIS environments, and aided with the
implementation of enterprise system integrations. GTG and the City are in Year-3 of the 5-
Year GIS implementation.
Contact Information
Kyle Parker | IT Director | 70 S Clayton St. Lawrenceville, GA 30046
P: (678) 407-6406 | E: kyle.parker@LawrencevilleGa.org | https://www.lawrencevillega.org/
With a large network of sites, and GIS data dispersed and in multiple formats, STOF needed
to prioritize the performance, stability, and security of their GIS and data. STOF partnered
with GTG to provide many GIS related services. An initial focus was reviewing the
infrastructure and developing a plan with recommendations for data performance and
maintenance improvements. After a weeklong onsite visit at the STOF headquarters in
Hollywood, Florida, GTG was able to identify several systems and workflow-related
challenges, develop resolution strategies, and implement solutions to address the
organization’s performance issues. GTG worked with STOF to increase system capacity and
improved security practices. Additionally, GTG worked with internal GIS stakeholders to
organize the Tribe’s existing knowledge base of GIS to improve their administrative capacity.
The next step was to focus on improving data management and safety practices, extending
the tribe’s capacity to administer its GIS data, and identifying opportunities to deliver
superior GIS services to the tribe, their community, and their partners. GTG worked
alongside IT and GIS stakeholders to identify data management workflows and practices,
evaluate risks, and generate a prioritized data maintenance and security plan. To streamline
system administration, develop Key Performance Indicators (KPIs), and improve the
administration of the tribe’s GIS, GTG deployed, configured, and implemented ArcGIS
Monitor for the Tribe. Next, GTG met with representatives from the Seminole GIS community
and leadership to better understand their GIS operations, workflows, pain-points, and goals.
These insights were translated into an actionable plan for the Tribe and its business partners.
Seminole Tribe of Florida (STOF) – 2020-Current
4 Population: 4,000
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GEOGRAPHIC TECHNOLOGIES GROUP
The STOF and GTG continue to work together as partners in the ongoing effort to advance
the Tribe’s GIS and improve the lives of the Seminole community through improved GIS
services. Currently, GTG is assisting the Seminole Tribe of Florida (STOF) to develop a CARES
grant application to secure funds for their GIS Strategic Plan. GTG will work closely with the
Tribe to plan, design, modernize, and implement a true enterprise and sustainable GIS.
Contact Information
Albert Cruz | Applications Support Manager | 6300 Stirling Road Hollywood, FL 33024
P: 954-660-6300x11486 | E: albertcruz@semtribe.com | https://www.semtribe.com/stof/home/
GTG developed a strategic GIS master plan and roadmap for Gwinnett
County including departmental needs assessment and analysis, along
with a 3-year tactical plan of action. This plan of action covered all
departments of the County and GTG worked closely with staff to ensure
that all data was accessible across departments and along various
platforms. GTG performed data QA/QC along with geodatabase design,
implementation, database administration, and performance tuning, and
provided training sessions for stakeholders and County staff on Best Business Practices, and
worked with staff to develop SOPs to ensure data standards were met. GTG worked with all
departments to improve and verify address and street centerlines while performing data
accuracy checks of this data. GTG has also performed AVL services and implementation for
the County and helped the County develop automated workflows, Enterprise
implementation and interoperability, dashboard creation and implementation, open portal
applications, front-facing applications, story map creation, and various software
integrations. GTG provides on-going consulting and maintenance services for the County.
Contact Information
Dax Flinn | IT Manager | 75 Langley Dr., Gwinnett, GA 30046
P: (770) 822-8033 | E: dax.flinn@gwinnettcounty.com | GwinnettCounty.com
Gwinnett County, GA -2002-Current
Population: 920,260
5
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32 | E. Related Experience and Projects
GEOGRAPHIC TECHNOLOGIES GROUP
The City of Lathrop was interested in developing a practical understanding of its GIS to
improve geospatial operations, to more completely leverage the capabilities of their GIS, and
to realize the potential of their GIS. In the Fall of 2019, the City of Lathrop engaged
Geographic Technologies Group (GTG) to assess the existing GIS and make
recommendations on modernizing and upgrading the current system. This assessment,
along with GTG’s expertise and knowledge of GIS and IT industry best practices, resulted in
a set of recommendations for the City aimed at improving performance and modernizing
their GIS. This assessment also included an implementation action plan to guide the
implementation of a modern, performant, and sustainable enterprise GIS, designed to meet
the current and future needs of the City.
GTG made multiple recommendations designed to meet GIS and Information Technology
(IT) best practices, modernize their GIS, and provide exceptional geospatial services to both
the City’s staff and its residents. Those recommendations centered on five foundational
activities aimed at reimagining and improving geospatial operations at the City: GIS layers
• Implement a distributed Web GIS using Esri’s ArcGIS Enterprise platform;
• Design a compact, multi-tiered, service-oriented architecture (SOA) GIS that employed
workload separation and unified system administration;
• Consolidate the City’s geodata footprint (Distributed File Geodatabases) into a central
data repository (Enterprise Geodatabase);
• Update the GIS’s web application suite; and
• Refactor and improve the City’s existing automated parcel management scripts.
GTG consultants reviewed the City’s existing GIS and, with their unique and deep knowledge
of enterprise GIS, designed a GIS that is both highly functional and sustainable. GTG’s design
balances the competing interests of industry best-practices with organizational constraints
and capacities and increases the City’s ability to manage, analyze, and share geospatial
insights. These insights lead to a more informed decision-making process for City
stakeholders, a more informed community, a higher return on investment, and a secure and
stable GIS.
Contact Information
Tony Fernandes | CIO | 390 Towne Centre Dr. Lathrop, CA 95330
P: (209) 941-7349 | E: tfernandes@ci.lathrop.ca.us| GwinnettCounty.com
City of Lathrop, CA – 2019
6 Population: 22,341
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Statement of Qualifications | 33
GEOGRAPHIC TECHNOLOGIES GROUP
F. Statement of Qualifications
The adoption of geospatial technology within government organizations has increased the
demand for sophisticated planning tools and techniques to assist in the complex
implementation process. Our team’s wealth of experience demonstrated in our advanced
GIS strategic planning publications, key-note speeches, GIS strategic planning books,
extensive presentations, and very happy clients throughout North America and the world
allow our team to be pioneers in strategic GIS planning and implementation.
Geographic Technologies Group (GTG) is one of the world’s leading GIS Strategic Planning
companies with very successful clients throughout North America and the world. Our team
is working with many organizations, including towns, cities, counties, and Native American
and Alaskan tribes to design smart GIS strategic plans that focus on geo-smart government,
geo-empowered citizens, and geospatial data infrastructure. Our future includes a very
different relationship with geospatial technology and geospatial data. Our team understands
that government organizations need a step-by-step roadmap that will systematically build
an enterprise, sustainable, scalable, and enduring GIS solution. In today’s world mission-
critical to the success of all local governments, organizations are optimum GIS data
and databases architecture with data maintenance and procedures.
Our qualifications illustrate that we are a company that plans, designs, implements, and
maintains enterprise solutions for local government.
Professional Credentials, Experience, and Qualifications
GTG professional credentials are illustrated in the number and
complexity of local government clients throughout the world,
particularly in North America. We are a GIS company with over 25 GIS
specialists. Our most recent GIS strategic planning work has
focused on GIS architecture and digital data storage, maintenance, and management.
We are specialists in Esri File, Personal, and Enterprise Geodatabases and are working
extensively with hosted solutions and Arc GIS Data Store and AGOL. Our team uses FME
extensively to integrate data. Our team is also working on the following key components:
• Data Management and Performance
• Esri Data Models – Utility Network (UtilityGIS.com)
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34 | Statement of Qualifications
GEOGRAPHIC TECHNOLOGIES GROUP
• FME and Total Data Integration
• Smart Cities and Integration (SmartCityGIS.com)
The following table illustrates our experience with the key components of this project as
defined by the RFP.
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References | 35
GEOGRAPHIC TECHNOLOGIES GROUP
G. References
Geographic Technologies Group has worked with the following organizations, and they may
be contacted for recommendations.
GTG References
City of Morgan Hill, CA
Pam van der Leeden | GIS Manager|
P: 669-253-4330
E: pam.vanderleeden@morganhill.ca.gov
City of Vancouver, WA
Eugene Durshpek | GIS Supervisor
P: (360) 487.7174
E: eugene.durshpek@cityofvancouver.us
City of Lawrenceville, GA
Kyle Parker | Director
P: (678) 407-6406
E: kyle.parker@LawrencevilleGa.org
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36 | Present and Projected Workloads
GEOGRAPHIC TECHNOLOGIES GROUP
H. Present and Projected
Workloads
Present Workload Activities and Coordination
Geographic Technologies Group (GTG) prides itself on its project management and capacity
planning, allowing for our staff to have a manageable workload, and giving each of our clients
the time and attention their projects deserve. GTG carefully considers the projects it takes
on as a company, and hand-selects the team for each one, to ensure the team has the
necessary availability to provide quality products and services to our clients. To ensure we
do not go over our workload capacity, GTG uses numerous processes to measure the time
consumption of each project:
• Determine the scope and timing of each task by creating a detailed project schedule.
• Break down each scope into smaller tasks and assign workstreams for efficiency.
• Prioritize tasks based on importance or urgency.
• Conduct frequent follow-up calls and meetings to ensure tasks are on-track.
Project Team Workloads
The assigned staff for this project will be available to assist the City of Bozeman with all scope
items outlined in this RFP. Jason Marshall, GIS Director, is assigned as the Project Manager
(PM) for this project. He is the only PM on one other project, GIS Strategic Plan for
Peterborough, Ontario. The Peterborough project will only require 10% of his time as a
majority of the writing will be done by GTG’s strategic plan writers. Mr. Marshall specializes
in SOPs, data review, and GIS implementation. He has hand-selected his team based on their
experience in each of the project deliverables. Each of the task members will be allocated
the necessary time to produce exceptional deliverables. Mr. Marshall uses a comprehensive
time-management process to ensure that each of GTG’s staff has the requisite bandwidth to
produce products that exceed client expectations. Our motto for projects at GTG is this,
“Understand that each project is very important to the client and organization. Deliver the
project as if it were to be showcased as the opening presentation at the annual Esri User’s
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Present and Projected Workloads | 37
GEOGRAPHIC TECHNOLOGIES GROUP
conference in front of the 120,000 attendees.” Having worked in local government, our team
understands the needs of local government. We intend to build a longstanding relationship
with the City and ensure that the City builds a sustainable GIS platform that will enable all
staff, and the public, with the information necessary to make informed and insightful
decisions.
GTG’s step-by-step GIS system design and
phased implementation plan is practical,
detailed and logically organized. It continues to
serve as our roadmap for success. They are on
time, within budget, and with outstanding
professional expertise. I would definitely
recommend GTG to plan your GIS projects.
- Calvert County, MD
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38 | Key Personnel
GEOGRAPHIC TECHNOLOGIES GROUP
I. Key Personnel
GTG consists of staff that has the proper education and work experience for this project. This
team understands local government, are experts in the entire Esri suite of products and has
extensive experience with assisting clients with full data, database architecture, and data
maintenance reviews of an organization's GIS and other integrated asset management
databases. Our team is also very knowledgeable on SQL Server Enterprise Geodatabases,
ArcGIS Enterprise (referenced as well as hosted data), ArcGIS Online, data integrations using
FME, and the use of ArcGIS Desktop and Pro to update and publish data consumed by
internal as well as external users. GTG has hand-selected a team that is ready to help the
City of Bozeman achieve its vision. GTG understands the consistency of a project team is
important, however, if the need arises, any proposed replacement of a key staff member will
have equivalent or better qualifications than the original staff member.
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Key Personnel | 39
GEOGRAPHIC TECHNOLOGIES GROUP
Mr. David Holdstock will be the lead contact for the City. For the duration of this project, he will serve
as the GIS Advisor and Manager. He is one of North America’s leading authorities on GIS
Consulting and Implementation in local government and has managed over 300 GIS consulting
projects for cities, towns, and counties. Mr. Holdstock’s 2016 book “Strategic GIS Planning and
Management in Local Government” and his 2020 “Smart Geospatial Practices and Applications
in Local Government: An Altogether Different Language” book establishes him as a leading
authority on GIS in local government. For this project, David will be successfully managing and
providing oversight for the tasks outlined in the Scope of Services. He will also be the main presenter
of all deliverables.
Mr. Jason Marshall has 15 years of GIS experience and has provided technical expertise for GIS Needs
Assessments and Strategic Implementation Plans for clients during his time at GTG. He designs,
implements, and manages departmental GIS projects, data, and analysis, and has provided
QA/QC services for all GIS implementations. He will have heavy involvement in all portions of the
development of the deliverables requested in this RFP, and the writing of the assessment
documents. He will provide recommendations for GIS data and database architecture and the
data maintenance health check, policies and procedures, staffing needs, GIS technology, revenue
generation sources at the City of Bozeman, and opportunities to expand on the GIS usage. Jason will
also be conducting weekly progress reports and any Project Status Meetings.
Mr. Andrew Valenski currently serves as an Enterprise GIS Consultant for Geographic Technologies
Group. He works with clients to design, implement, and maintain custom GIS applications and
processes. He helps clients determine what geospatial solutions work best for their organizational
needs and designs them customized specifically for the client. These solutions include the following:
GIS strategic planning, enterprise implementation, governance models, customized GIS software and
applications, GIS architecture, data management strategies, updates and maintenance, training plans,
and on-call support. Mr. Valenski previously worked as a Spatial Intelligence Developer for the City of
Charlotte, NC. He served as a Senior Geospatial Server Analyst for Esri where he worked with the
solutions and support teams to deliver server-side and web solutions for strategic customers. During
his time with Esri, he implemented organization-wide performance dashboards. For this project
Andrew will have heavy involvement in all tasks, performing reviews, and assisting Jason in
providing recommendations to the City of Bozeman.
DAVID HOLDSTOCK, BA, MS, GISP, CEO
GIS Advisor and Manager | 25 years of experience
JASON MARSHALL, BA, MA, GISP
GIS Director | 15 years of experience
ANDREW VALENSKI, BS, BA
Enterprise GIS Consultant | 8 years of experience
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40 | Key Personnel
GEOGRAPHIC TECHNOLOGIES GROUP
Ms. Jessy Beasley has worked with GIS data and Esri products for over 7 years. As a GIS Specialist and
Technical Support for GTG, she has completed GIS Data Assessments, performed data QA/QC, and
has analyzed many different GIS software system architectures, integration, and GIS assets. She is
proficient in ArcGIS Online and has an understanding of File and Enterprise Geodatabase
structures and subsequent data configuration, Hosted Feature Services including publishing,
maintenance, and consuming, and geoprocessing, and workflow automation with Python and
FME. For this project, she will support the team in understanding the current use of GIS, data
management, and data needs, identifying gaps in the current system, and will assist in
providing recommendations for best practices on GIS usage for the City of Bozeman, as well as
contribute in the development of the deliverables in the scope of services.
Resumes for each team member can be found on the following pages.
JESSY BEASLEY MS, BS
GIS Specialist and Technical Support | 7 years of experience
279
DAVID HOLDSTOCK, GISP
GTG CEO
BA
919.222.1421 dholdstock@geotg.com
EDUCATION
MASTER OF SCIENCE – Natural
Resource Management
GIS Research Program
NC State University
BACHELOR OF ARTS: HONORS –
Geography
School of Humanities- Geography
Greenwich University
CERTIFICATIONS
Geographic Information Systems
Professional (GISP)
AWARDS
• Esri Cornerstone Partner Award
• Esri Business Partner of the Year
• 2017 Esri Partner Award Winner:
Best Citizen Engagement Award
• Multiple Esri Local Government
Special Achievement (SAG) Awards
• 2017 URISA Best Web GIS
• 2017 URISA Best Public-Sector GIS
PROFILE
Mr. David Holdstock is one of North America’s leading authorities on
GIS Strategic Implementation Planning in local government. He has
secured GIS implementation awards for multiple organizations
including the City of Guelph, Ontario, Canada, and the City of
Unalaska, Alaska. Mr. Holdstock’s recent 2016 book “Strategic GIS
Planning and Management in Local Government” and his future 2020
“Smart Geospatial Practices and Applications in Local Government”
book establish him as a leading authority. Mr. Holdstock incorporated
Geographic Technologies Group, Inc. (GTG) in 1997 with offices
throughout the United States. Mr. Holdstock has over 25 years of GIS
experience. He has planned, designed, and coordinated the
implementation of GIS technology for over 300 towns, cities, and
counties across North America. As Principle, his duties include GIS
management, GIS planning, data and database assessments, design,
and implementation of enterprise GIS programs, client contact, and
project technical supervisor. Mr. Holdstock has provided GIS data and
consulting services for over 300 clients and has managed complete
entire GIS enterprise implementations.
KEY EXPERIENCE
• Expert in GIS Data and Database Architecture
• GIS Integration Expert
• Expertise in Database Management Best Business Practices
• Experience with Enterprise Geodatabases
• Has managed the deployment of Esri Solutions for Hundreds of Clients
• Managed over 300 GIS Needs Assessments and Enterprise
Implementations
• Former GIS Manager for World’s Leading Transportation Engineering
Company – Parson Brinkerhoff, Quade and Douglas (PBQ&D), NY
• Develops Project Management Plans and QA/QC Procedures
• Provides Oversight for GIS Data Management Projects & Enterprise
Implementation
• GIS/GPS Program Director at North Carolina State University – Institute
for Transportation Research and Education (ITRE)
SIMILAR PROJECTS
JASON MARSHALL, GISP
919.920.3071 jmarshall@geotg.com
MASTER OF ARTS – Applied Geography
Concentration in GIS
University of North Carolina, Greensboro
BACHELOR OF ARTS – Geography
University of North Carolina, Greensboro
Geographic Information Systems
Professional (GISP)
AWARDS
• Esri Cornerstone Partner Award
• Esri Business Partner of the Year
• 2017 Esri Partner Award Winner:
Best Citizen Engagement Award
• Multiple Esri Local Government
Special Achievement (SAG) Awards
• 2017 URISA Best Web GIS
• 2017 URISA Best Public-Sector GIS
Mr. Jason Marshall has 16 years of GIS experience and has served as
Project Manager for many of GTG’s GIS technical projects. He served
as the Open Data Program Manager for the Information Technology
Department of Greensboro. While there he formed and coordinated
an enterprise wide cross-departmental Data Leadership Team and
partnered and collaborated with external stakeholders to leverage
City data for community benefit. He managed technology equipment
research and coordinated with end-users to implement hardware
and software IT solutions. He also designed, implemented, and
managed the City’s Open Data Program (Socrata and ArcGIS Open
Data Portals). He wrote SQL queries to leverage spatial and non-
spatial data for analysis, and to support decision-making. Mr.
Marshall coordinated and implemented multi-department data
management projects to break down data silos. He has served as the
GIS Application Developer for the Information Technology
Department of the City of Greensboro, NC. He designed and
executed ArcGIS Server and web GIS server architecture, system
migration, and operating system upgrades, consistent data
collection, data integration, and editing for the IT department.
GIS DIRECTOR
EDUCATION
CERTIFICATIONS KEY EXPERIENCE
PROFILE
• GIS Project and Team Management
• Designs, Implements, and Manages Departmental GIS Projects, Data,
And Analysis
• Performs Comprehensive Assessments of GIS Data Infrastructures
and Database Architecture
• Provides recommendations for Data Management and Maintenance
• Conducts GIS Needs Assessments, System Designs, and Strategic
Plans
• Expert in GIS Integration
• Provides Migration Strategies to ArcGIS
• Identifies Performance Issues with GIS Technology
• Manages Technology Equipment Research, Coordinates with End-
Users to Implement Hardware and Software IT Solutions.
• Performs Quality Assurance and Quality Control Techniques for GIS
Data Projects
SIMILAR PROJECTS
City of Morgan Hill, CA- GIS System Architecture Design, Strategic
Plan, GIS Data Services, Geodatabase Implementation, leveraging
Esri’s ArcGIS Enterprise/ArcGIS Online platforms
ANDREW VALENSKI
ENTERPRISE GIS CONSULTANT
BS
BA
516.524.2016 avalenski@geotg.com
EDUCATION
BACHELOR OF ARTS – Geography
University of Richmond
BACHELOR OF SCIENCE –
Environmental Studies
University of Richmond
TECHNICAL SKILLS
LANGUAGES:
Bash, CSS, Git, HTML, JavaScript, JQuery,
Powershell, Pug, Python, R, Ruby, SQL,
SASS, TypeScript
TECH/FRAMEWORKS:
AWS, Azure, Bootstrap, Docker, GitHub,
Leaflet, NodeJS, Rails, SSIS, SSRS, TFS,
Wo, VMWare
SOFTWARE/STACKS:
Esri, GeoServer, Google, MapBox,
MariaDB, MongoDB, MySQL, Oracle,
PostGreSQL, QGIS, SQL Server
CERTIFICATIONS
• Enterprise Administration
Certificate [Esri]
• Enterprise Architecture Certificate
[Esri]
• Advanced GIS Certificate
[University of Richmond]
• Complete Data Science Certificate
[Cert-School]
• Web Development Bootcamp
Certificate [Udacity]
PROFILE
Mr. Andrew Valenski currently serves as an Enterprise GIS
Consultant for Geographic Technologies Group. He works with
clients to design, implement, and maintain custom GIS applications
and processes. He helps clients determine what geo-spatial
solutions works best for their organizational needs and designs
them customized specifically for the client. These solutions include
the following: GIS strategic planning, enterprise implementation,
governance models, customized GIS software and applications, GIS
architecture, data management strategies, updates and
maintenance, training plans, and on-call support. Mr. Valenski
previously worked as a Spatial Intelligence Developer for the City of
Charlotte, NC. While there, he designed, rebuilt and deployed an
enterprise GIS. He also built and released over two dozen spatial and
non-spatial applications. He served as a Senior Geospatial Server
Analyst for Esri where he worked with the solutions and support
teams to deliver server-side and web solutions for strategic
customers. During his time with Esri, he implemented organization-
wide performance dashboards.
KEY EXPERIENCE
• GIS Integration Strategist
• Database management and maintenance experience
• Expert in Enterprise Geodatabase Management
• Recommends GIS Data Strategies for Clients
• Experience with database design and system architecture.
JESSY BEASLEY
919.759.9214 jvanhorn@geotg.com
Mrs. Jessy Beasley has worked with GIS data and Esri products for
over seven years. As a Senior GIS Analyst for GTG, she has completed
GIS Data Assessments, performed QA/QC, deployed software, and
migrated data to Esri’s ArcGIS Utility Network and other standard
schemas. She has developed GIS Training Plans and Standard
Operating Procedures (SOPs). She has collaborated with analysts at
county and state levels to develop GIS solutions for stakeholders. She
served as a Physical Science Technician with the USDA-Agricultural
Research Service, creating quality geodatabases that were used to
build agricultural conservation plans throughout the Midwest. While
at the USDA, she built multiple web applications using Esri’s Story
Maps and Web AppBuilder to ease information transfer among
government officials and the public. She frequently found solutions
employing Python to automate processes and extract and maintain
organized datasets. She also uses Esri’s ArcGIS Data Reviewer to
manage and control data quality for GIS projects. She provides spatial
modeling and analysis to improve GIS decision making. She has
experience deploying ArcGIS Solutions for utilities and other themes.
KEY EXPERIENCE
• Six years of experience working with ArcGIS Desktop applications
• Proficient in ArcGIS Online
• Understanding of File and Enterprise Geodatabase structures and
subsequent data configuration
• Understanding of Hosted Feature Services including publishing,
maintenance, and consuming
• Geoprocessing and workflow automation with Python and FME
• Data Integrity and QA/QC Procedures, including ArcGIS Data
Reviewer, topology and network error checks, custom data
assessment scripts
• Develops data migration plans including data schema updates
and data housing recommendations
• Utility Network and LGIM implementation and migration
• ArcGIS Solutions deployment and configuration
• SOP development for implementing ArcGIS Pro, ArcGIS Online,
and ArcGIS Enterprise in clients’ organizations
SIMILAR PROJECTS
City of Lawrenceville, GA- Data Migration, Data Validation,
Application Development, Geoprocessing Automation
City of Hobart, IN- Utility Network Migration, Implementation of
ArcGIS Pro, Data Maintenance in Desktop and ArcGIS Online, Custom
Applications, Data Collection
City of Berkeley, CA- LGIM Adaption, QC Process Automation, Data
Migration, Workflow Automation, Schema Changes
Contra Costa Water District, CA- Data Integrity/Corrections, QC
Process Automation, Data Migration, Tool Incorporation
City of Irvine, CA- LGIM Adaption, Data Migration, Data Collection,
Data QC, Application Development, Spatial Modeling
CAL FIRE, CA- Data Migration, Data QC, Data Integrity/Corrections,
QC Process Automation, Workflow Automation, Data Collection
DATA SCIENTIST/ETL and SENIOR GIS ANALYST
MS
BS
EDUCATION
MASTER OF SCIENCE – Geography
Certificate: GIS
East Carolina University
BACHELOR OF SCIENCE – Geography
University of Florida
City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
Price Proposal | 41
GEOGRAPHIC TECHNOLOGIES GROUP
J. Price Proposal
Geographic Technologies Group proposes the following price proposal to accompany the
project tasks detailed in the scope of services.
Project Task Cost
1. Review of the existing use of Enterprise Geodatabase $3,000
2. Review of the existing use of File Geodatabases $3,000
3. Review of the existing use of Hosted data (ArcGIS Enterprise Data
Store and ArcGIS Online) $3,250
4. Recommendations for improving database maintenance and
overall performance $2,600
5. Recommendations to improve data management (including
integrations) $3,500
6. Recommendations for migrating to new data models (i.e. ArcGIS
Solutions for Local Government, Utility Networks, etc.) $3,500
7. Recommendations on when to use a File Geodatabase, Enterprise
Geodatabase, and Hosted Feature Services (ArcGIS Enterprise or
ArcGIS Online), including best practice
$3,600
8. Review of the existing GIS integrations and how to more efficiently
use FME to channel data to the appropriate repositories (File
Geodatabase, Enterprise Geodatabase, Hosted Feature Service,
etc.)
$4,000
9. A plan for transitioning from ArcGIS Desktop to ArcGIS Pro $3,500
Total Sum: $29,950
284
City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
42 | Additional Information
GEOGRAPHIC TECHNOLOGIES GROUP
K. Additional Information
Geographic Technologies Group is the number one strategic company in the world, with
extensive experience in Planning, Designing, Implementation, and Maintaining and Support.
The following information is a testament to our outstanding GIS services and expertise.
The following are testimonials provided by a few of our clients:
The City of Roswell, GA
“We chose GTG twice, once for our GIS Strategic Planning project and again to assist with
implementation. Both times they were up against the best firms in the country, and both
times they won our business hands down. Their approach, their people, their tremendous
experience with local governments, and their costs all put them over the top.”
The City of Guelph, Ontario, Canada
“…the most progressive GIS company in the world…in-depth knowledge that is unparalleled
in the industry; understands the needs of local government; a clear return on investment.”
The Town of Windsor, CA
“Their approach, their people, and their experience with local government was a perfect
find for our organization.”
The City of Lauderhill, FL
“GTG has been wonderful to work with. They are professional, knowledgeable, and always
there when we need then. I wish all my vendors were as responsive and thorough. I can
always count on GTG!” – Joan Fletcher
The City of Berkeley, CA
Cristi Delgado said she appreciated the work that Geographic Technologies Group (GTG)
did to analyze and highlight how GIS has the potential for greater use and impact at the
City of Berkeley. The professional analysis of the GIS provided an independent view that
she could share with decision-makers that helped her make the case for applying the
recommended changes to the enterprise GIS. She said, “It also made GIS stakeholders feel
they were being heard.”
285
City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
Additional Information | 43
GEOGRAPHIC TECHNOLOGIES GROUP
The City of Mississauga, Ontario, Canada
“ The GTG team was very responsive to our unique and evolving needs. They used their
subject expertise to help us develop our vision and make key decisions over the project
period. As a result, the final products were much improved from our initial concepts. From
the planning to implementation stages, our office received quality service from the GTG
team that made the process simple, on-time and on-budget. Our story map continues to
receive praise and has proven to be a great asset for our website.”
Bay County, FL
Ms. Morgan states, “We are beyond pleased with the final GIS Master Plan. It identifies a
clear path forward and tangible goals, objectives, and activities that we need to pursue. We
want to be second-to-none and provide meaningful services to staff and residents. The GIS
Master Plan is informative, instructive, and inspirational. We have a renewed vigor for GIS
and this document not only inspires us but allows the entire organization to understand
how GIS will benefit them.”
The City of Irvine, CA
“Our GIS is a success and our team has been implementing various end-user tools.
However, we were missing a systematic plan to promote, socialize, and advance the GIS for
all the users internally and externally. We know what GIS can do but we needed a fresh
perspective and plan to advance GIS to a primary decision-making platform for the City.
GTG was the answer.”
The City of Boulder, OSMP, CO
“GTG has raised the bar for strategic operational planning at the City. The process GTG
used to create our IT/GIS SOP has become the gold standard for all future city strategic
operations plans.” – Mo Valenta, Resource Information Supervisor for Boulder, CO
Calvert County, MD
“GTG’s step-by-step GIS system design and phased implementation plan is practical, detailed,
and logically organized. It continues to serve as our roadmap for success. [They are] on time,
within budget, and with outstanding professional expertise. I would definitely recommend
GTG to implement your GIS projects.”
Additional testimonials are available upon request.
286
City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
44 | Additional Information
GEOGRAPHIC TECHNOLOGIES GROUP
Geographic Technologies Group has been working with towns, cities, and counties for over
twenty years. Here is a list of the last fifty (50) Cities we have worked with.
Geographic Technologies Group City Clients
1. 2020: City of Fort Pierce, Florida - GIS Assessment – Data and Databases Architecture
2. 2020: City of Granbury, Texas - GIS Strategic Plan– Data and Databases Architecture
3. 2020: City of Tulare, California – GIS Strategic Master Plan – Data and Databases Architecture
4. 2020: City of Roswell, Georgia – GIS Strategic Plan Update – Data and Databases Architecture
5. 2019: City of Pico Rivera, California - Geospatial Master Plan – Data and Databases Architecture
6. 2019: City of Mississauga, Ontario, Canada - GIS Strategic Plan – Data and Databases Architecture
7. 2019: City of Lawrenceville, Georgia - 5 Year GIS Strategic Plan– Data and Databases Architecture
8. 2019: City of Farmers Branch, Texas - GIS Strategic Governance Plan– Data and Databases Architecture
9. 2019: City of Lathrop, California – GIS Assessment– Data and Databases Architecture
10. 2019: City of San Marcos, Texas - 5 Year GIS Strategic Plan– Data and Databases Architecture
11. 2019: City of Napa, California – GIS Strategic Assessment – Data and Databases Architecture
12. 2019: City of Lloydminster, Alberta, Canada – GIS Strategic Plan– Data and Databases Architecture
13. 2019: City of Morgan Hill, California - GIS Strategic Plan and Final Action Plan– Data and Databases Architecture
14. 2019: City of Hobart, Indiana - GIS Strategic Plan– Data and Databases Architecture
15. 2019: City of Irvine, California - 5 Year GIS Strategic Plan– Data and Databases Architecture
16. 2019: City of Boulder OSMP, Colorado - GIS Strategic Plan– Data and Databases Architecture
17. 2018: City of Berkeley, California - GIS Strategic Plan– Data and Databases Architecture
18. 2018: City of Vancouver, WA - 5 Year GIS Strategic Plan– Data and Databases Architecture
19. 2018: City of Markham, Ontario, Canada - 5 Year GIS Strategic Plan– Data and Databases Architecture
20. 2018: City of Lauderhill, Florida – GIS Strategic Assessment– Data and Databases Architecture
21. 2017: City of Nanaimo, British Columbia, Canada – GIS Strategic Plan– Data and Databases Architecture
22. 2017: City of Rocky Mount, North Carolina – GIS Assessment– Data and Databases Architecture
23. 2017: City of Wilmington, North Carolina – GIS Strategic Plan– Data and Databases Architecture
24. 2017: City of Boulder OSMP, Colorado - GIS Strategic Operations Plan– Data and Databases Architecture
25. 2017: City of Simi Valley, California - 5 Year GIS Strategic Plan– Data and Databases Architecture
26. 2017: City of Roswell, Georgia – GIS Strategic Plan Update– Data and Databases Architecture
27. 2017: City of Providence, Rhode Island – GIS Strategic Plan for Public Works– Data and Databases Architecture
28. 2016: City of Missouri City, Texas – 5 Year GIS Strategic Plan– Data and Databases Architecture
29. 2016: City of Roseville, California – GIS Strategic Plan– Data and Databases Architecture
30. 2016: City of Louisville, Kentucky – GIS Assessment and Implementation– Data and Databases Architecture
31. 2016: City of Boynton Beach, Florida – GIS Strategic Plan Update– Data and Databases Architecture
32. 2016: City of Concord, California – GIS Strategic Plan– Data and Databases Architecture
33. 2016: City of Lake Worth, Florida – GIS Strategic Plan– Data and Databases Architecture
34. 2016: City of Rockwall, Texas – GIS Assessment– Data and Databases Architecture
35. 2016: City of Fulshear, Texas – GIS Strategic Plan– Data and Databases Architecture
36. 2015: City of Roswell, GA – GIS Strategic Plan– Data and Databases Architecture
37. 2015: City of Bossier City, Louisiana – GIS Plan– Data and Databases Architecture
38. 2015: City of Guelph, Ontario, Canada – GIS Strategic Plan– Data and Databases Architecture
39. 2015: City of Lauderdale Lakes, Florida – GIS Strategic Plan– Data and Databases Architecture
40. 2015: City of Truckee, California – GIS Assessment– Data and Databases Architecture
41. 2015: City of Greenville, North Carolina – GIS Strategic Plan – Data and Databases Architecture
42. 2015: City of Fresno, California – GIS Strategic Plan– Data and Databases Architecture
43. 2014: City of Sunnyvale, California – GIS Assessment– Data and Databases Architecture
44. 2014: City of Eagan, Minnesota – GIS Strategic Plan– Data and Databases Architecture
45. 2014: City of South Bend, Indiana – GIS Assessment – Data and Databases Architecture
46. 2014: City of Johnson City, Tennessee – GIS Strategic Plan– Data and Databases Architecture
47. 2014: City of Healdsburg, California – GIS Strategic Plan– Data and Databases Architecture
48. 2014: City of Charleston, West Virginia – GIS Strategic Plan – Data and Databases Architecture
49. 2013: City of West Hollywood, California – GIS Implementation Plan– Data and Databases Architecture
50. 2013: City of Pasadena, California – Enterprise GIS Strategic Plan– Data and Databases Architecture
GTG produces newsletters to provide our clients and followers with the most up-
to-date GIS News. The following pages are from our December 2020 edition.
287
s we near the end of 2020, we still
find ourselves in uncertain times. We
are all asking similar questions – “Will
budgets be cut?” “Is my job safe?” “Will our
department get any funding this year?” The
list of concerns and worries go on, and all are
valid. These are good questions to consider,
as they bring up important items to plan for.
The sustainability of your GIS program
relies on you and your team. Here are some
questions you should be asking yourself:
• Have I made my GIS recession-proof?
• Have I educated my organization about
the benefits of GIS?
• Have I showcased impactful projects?
• Have I quantified return on investment?
• Is our GIS program seen as
indispensable?
As GIS professionals, we understand the
importance of GIS as a decision-making
platform. But do decision-makers in your
organization have the same understanding?
One of the “Keys to GIS Success” is to educate
your organization. If you don’t, who will? Many
organizations are ahead of the curve and
have checked every box needed to ensure
sustainability and prominence. One of the key
tools being used nationwide is a GIS Executive
Playbook.
You must educate your organization about
the power and indispensability of your GIS
platform. An Executive Playbook (EP) has
been used by numerous organizations as a
way to tell the story of the GIS program to
non-GIS people. A good EP highlights and
explains graphically how GIS is and should be
embedded in all facets of an organization.
An EP should include:
• An overview of how
GIS aligns with,
supports, and is
essential to achieving
organization-wide
goals.
• Key Performance
Indicators (KPIs) for
your GIS program.
• Success stories
featuring impactful
GIS projects.
• A game plan for the
next few years.
• Vision, goals, and
objectives for
GIS within your
organization.
The City of Lawrenceville,
Georgia used its EP to
highlight the progress
of its first two years of
2
Throughout 2019 and 2020, the City of Irvine, CA worked with Geographic Technologies Group
(GTG) to create an Enterprise GIS Master Plan and Enterprise Data Management Plan. The City
has a very innovative GIS team with a strong desire to ensure that GIS aligns with City Council’s overall
vision and goals. One of the showcases of the City of Irvine is the Orange County Great Park, a former
Marine Corps Air Station (El Toro) that has been reimagined as a multi-purpose park. The park spans
1,300 acres and offers a diverse set of activities and recreation opportunities, which could not happen
without significant planning.
After the completion of the Master Plan, GTG was
retained to assess the LiDAR data for usability.
Jessy Beasly, GTG Senior GIS Analyst, points out,
“We have extensive experience in the utilization
of 3D data. The City needed to understand how
this data could be used for park planning and
visualization. Our team evaluated the data for
quality and usability and to generate an estimate
of time to process a terrain model.” Metadata,
LAS dataset statistics, and coverage of datasets
were analyzed to ensure completeness and
quality. The eventual outcome of the project
was a report that identified the necessary steps
to generate a high-resolution elevation surface
and a 3-D model for use in a variety of planning
projects for the park.
Jason Marshall, Director of GIS Consulting at GTG,
explains, “Most of our clients have a vast wealth
of data available to them but may not have the
time or the internal technical skillsets to leverage
the data for decision making. In this case, the
City had invested
in the acquisition
of high-resolution
geospatial data and
was not using it to its
fullest potential. Our
team of data experts
identified the steps
necessary to integrate
this data into the
overall geospatial
effort of the City and,
specifically, Great
Park.”
For more information
on data assessments
or GIS strategic
planning, contact
Jason Marshall at jmarshall@
geotg.com or 919.920.3071. You can also learn
more about GTG and our services for Parks and
Recreation at GreenCityGIS.com.
ak Ridge National Laboratory (ORNL)
in East Tennessee is managed by
UT-Battelle for the United States
Department of Energy and delivers scientific
discoveries and technical breakthroughs
needed to realize solutions in energy and
national security and provide economic
benefit to the nation. The lab is located just 30
minutes west of Knoxville on a campus covering
888.757.4222 • www.geotg.com 3
BEYOND LOCATION INTELLIGENCE
Critical Steps to GIS Success
TIMELINE OF GIS AND GEOSPATIAL
TECHNOLOGY
From the first explorers to the Information
Officers of today, the evolution of GIS
has guided the actions and movement of
governments and civilization. From 1960
to 1980, GIS pioneers proved the concept
had value and began actively applying
spatial data and reasoning to their work.
GIS moved to desktop applications and
provided further analysis to governments
and independent agencies in the last two
decades of the century. From 2000 to today,
GIS has become an enterprise, strategic, and
scalable resource for GIS Coordinators and
the local governments they serve. What will
the GIS landscape look like tomorrow? We are
quickly moving toward smart, resilient, and
sustainable Geographic Information Systems
(GIS).
GIS CHALLENGES, BARRIERS, AND PITFALLS
Building an efficient GIS requires time, effort,
and focus. Properly addressing challenges,
breaking down barriers, and avoiding
common pitfalls are all key to success. Here
are a few potential challenges, barriers, and
pitfalls to expect:
Challenges (Senior Staff)
• No GIS Strategic Plan
• Lack of GIS Vision and defined goals
• No quantifiable return on investment
• Not selling or promoting GIS
• No buy-in from elected officials and
decision makers
Barriers (Technical Staff)
• Struggling to secure GIS Funding
• No measurable results set
• No governance model established
• Lack of good management techniques
• No enterprise database or architectural
design
Pitfalls (Departmental Staff)
• Poor data accuracy
• No strategy for training and education
• Lack of succession planning
• Poor IT infrastructure
• GIS is too complicated
• No GIS promotions or publications
GIS STRATEGIC PLANNING AND
MANAGEMENT
GTG employs six pillars of GIS sustainability
to build the foundation for GIS strategic
planning and management. They are GIS
governance; digital data and databases;
procedures, workflow, and integration; GIS
software; infrastructure; and GIS training,
education, and knowledge transfer. These
In thirty years, the world’s population will be nearly 10 billion people, out of which 6.7 billion will
live in cities. This rapid population growth will increase the demand for employment, housing, energy,
clean water, food, transportation, health, education, social services, social equity, and safety. Our towns,
cities, and counties will be asked to find new ways to protect the community, improve citizen access,
comply with regulations, respond and interact quicker with citizens, process and interpret social
media data, and openly, transparently and effectively manage our resources. Geospatial practices and
applications are not only helping government meet these demands, they are redefining how we do it.
This book:
• Introduces the six pillars of GIS
sustainability.
• Describes the logical stages of GIS maturity
and evolution.
• Details the geosmart ‘connected city’ of the
future that embeds information technology
into the decision-support apparatus of local
government.
• Explains High-Performance Organizations
(HPO), and the art of Business Realization
Planning (BRP).
• Discusses the tools for measuring resilience,
the key to our sustainable future.
• Gives the reader a practical and
understandable way of thinking about
a smart ‘application centric’ geospatial
ecosystem.
ne of the challenges for most local
government agencies is geo-enabling
data. Many analysts spend most of
their day just massaging and normalizing data,
not performing analysis. This shouldn’t be
the case. All of this should be automated. Too
many hours are wasted by downloading data
and accessing data, writing scripts, etc. In the
perfect world, this is done automatically.
It is time to break down these barriers and
get busy solving problems. Geographic
Technologies Group (GTG) has worked with
over 500 agencies nationwide and decided to
do something about the time suck of manual
geo-enablement, which led to the creation of
GeoAdaptor. The City of Lacey, Washington,
a long-time client of GTG, reengaged with
our team in 2020 for assistance with a data
migration. Their 2008 server was end-of-life and
being upgraded to a new machine. When our
GTG team got the call, we were able to inform
them that we would not only be able to migrate
data to their new server, but we would also
upgrade their outdated GTG GeoMax platform
to our new GeoAdaptor software.
GeoAdaptor allows for data mashup,
synchronization, spatial enabling, aggregation,
automation, data fusion, extraction, and
reporting. It has the ability to automatically
geocode and output GIS data layers from
any non-spatial database. The City of Lacey
utilizes this adaptive software for pulling
land management data from their Enterprise
Resource Database into a GIS Viewer.
GIS Viewers are only as useful as the data
888.757.4222 • www.geotg.com 5
THE BENEFITS OF A GIS ROADMAP
FOR A SMALL INNOVATIVE CITY
Implementing State of the Art Technology on a Budget
Case Study: City of Fort Pierce, Florida
A gem on the Treasure Coast of Florida,
the City of Fort Pierce is known as a quaint
fishing village and has a mission “To provide
community leadership, quality public service,
and a safe environment for all citizens, by an
empowered team of employees motivated
by pride in themselves and their work.” To
support its mission and provide excellent
service to the community, city officials
employed the guidance of Geographic
Technologies Group (GTG) to fully utilize GIS
technology, beginning with the development
of a Strategic Implementation Plan in
February of 2020. Their comprehensive and
multi-year GIS Implementation Plan involved
a GIS Needs Assessment, Alternative System
Design, and a Phased GIS Implementation
Plan to create a roadmap for success.
Work on the City of Fort Pierce’s project began
with telephone and onsite interviews with IT
and GIS department staff as well as key staff
members from other departments to assess
their experience with and knowledge of GIS.
This information collection phase led to the
creation of a GIS Needs Assessment report
that identified high-priority GIS application
needs for internal and external use. The
assessment process effectively provided a
benchmark of existing GIS conditions, an
analysis of existing gaps, and the introduction
of Key Performance Indicators (KPIs) by which
to monitor and measure future growth and
success.
The City of Fort Pierce’s identified needs
included enterprise-wide initiatives
and departmental solutions. Of highest
priority was the creation of a City-wide
Geospatial Hub solution to include Web
Apps, Dashboards, and Story Maps for each
department. ArcGIS Hub is the future of data
sharing and data communication and includes
the following applications from GTG and Esri.
• Web Apps – Web AppBuilder for ArcGIS
is an intuitive application that includes
powerful tools to configure fully featured
HTML apps, made to display and analyze
data on any device. Developers can build
custom widgets and themes to extend
Web AppBuilder for ArcGIS.
• Dashboards – Today’s statistical
dashboards help monitor important
real-time information about the day-
to-day operations of government.
Custom statistical real-time, data-driven
dashboards provide a comprehensive
1202 Parkway Drive
Goldsboro, NC 27534
Phone: 888.757.4222
6 888.757.4222 • www.geotg.com
HOW “SMART” IS YOUR CITY?
According to Esri, “Smart, in the context
of government, is associated with the use
of real-time data, 3D visualization, the
application of artificial intelligence for
automation and optimization, and other
technologies being enlisted to improve the
lives of citizens” (2019). New and advanced
technologies aid government agencies in the
search for innovative solutions to complex
problems. Smart Cities, then, are ones that
strive to keep pace with ever-changing
technologies to improve operations and
better serve their communities.
The centric attribute of “smart” in local
governments equates to “where.” Everything
local government offers is dependent
on where citizens are, the proximity of
utilities, the location of amenities and
facilities, distances and response times for
emergency teams, and a myriad of other
considerations vital to creating a safe and
thriving community. The need for location
technology is filled by the implementation of
GIS applications, services, and strategic plans.
GIS is empowering local government agencies
to increase efficiencies, improve services, and
save time, money, and lives.
Chris Thomas, director of government
marketing at Esri, explains, “We look at
everything through the lens of geography.
Everything we do requires a focal point,
which is where people live, work, and
play. This is why GIS is recognized as a
foundational part of every smart strategy.”
To support the creation of a Smart City
and Smart Communities, you must build a
foundation on geospatial data that all funnels
into a well-constructed GIS. Remember that
Smart is a process. There isn’t one project,
one application, or one solution that will
result in a Smart City. You must engage in
strategic GIS planning, learn from failures,
and build on your successes.
We can help you build your Smart City and
Smart Communities with innovative GIS
solutions. Reach out to our team by calling
888.757.4222, emailing team@geotg.com, or
visiting us online at geotg.com.
p.1 How to Ensure GIS Sustainability in
Uncertain Times
p.2 SafeCityGIS: GIS Technology Simplifies E911
Dispatch and Emergency Response
p.2 Irvine Elevates Park Planning with LiDAR
and 3D Imagery
p.3 Beyond Location Intelligence: Steps to GIS Success
City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
Affirmation of Nondiscrimination & Equal Pay | 45
GEOGRAPHIC TECHNOLOGIES GROUP
L. Affirmation of
Nondiscrimination & Equal Pay
Appendix B
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
___Geographic Technologies Group________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges
and understands the eventual contract will contain a provision prohibiting discrimination as
described above and this prohibition on discrimination shall apply to the hiring and treatments or
proposer’s employees and to all subcontracts.
In addition, ___ Geographic Technologies Group_________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
__David Holdstock, CEO__________________
Name and title of person authorized to sign on behalf of the submitter.
294
City of Bozeman | MT
Proposal: GIS Data and Database Architecture and Data Maintenance Health Check
46 | Affirmation of Nondiscrimination & Equal Pay
GEOGRAPHIC TECHNOLOGIES GROUP
295
Memorandum
REPORT TO: City Commission
FROM: Brian Heaston, Engineer III - Water
Mitch Reister, Director of Public Works
SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with
Respec Company, LLC for Municipal Test Well Design, Aquifer Testing, and
Preparation of Groundwater Application for Beneficial Water Use Permit
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Agreement - Vendor/Contract
RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with
Respec Company, LLC for municipal test well design, aquifer testing, and
preparation of groundwater application for beneficial water use permit.
STRATEGIC PLAN: 6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:
The City’s Integrated Water Resources Plan, adopted by the City Commission
in 2013, recommends development of a municipal groundwater supply
source to help meet the City’s long-range water supply needs. Beyond
increasing available water supply volume, groundwater provides resiliency
for the water City's water utility as it is less susceptible to drought impacts
and is generally immune to wildfire. These qualities are important
considering the City's current surface water supply sources are susceptible
to both drought and wildfire.
The City entered into the original Professional Services Agreement (PSA) with
the firm of Respec on August 24, 2015 for the groundwater supply project
following a qualifications-based procurement action. The original PSA has
been amended on three previous occasions to sequence the project into
logical and manageable phases with each subsequent phase building upon
the last. Completed phases are described briefly in the following bullets.
Phase 1 - Development of a valley-wide groundwater steady-state
model using publicly available data to characterize aquifer formations
with large aquifer yield potential. Model used to run steady state
pumping and recharge simulations to evaluate groundwater/surface
water interactions to identify well locations for further study and
296
model refinement.
Phase 2 - Transition model from steady-state to transient (adds in the
dimension of time) to simulate the magnitude and location of surface
water depletions over time. Model domain was generally focused to
the Bozeman Triangle area and south to the Gallatin Mountain Front.
Additional model detail was added within the focus area. (Note: Phase
2 funded by a RDG Grant from DNRC)
Phase 3 - Feasibility evaluation of a municipal well site at Bozeman
Sports Park. Perform water quality evaluation using existing available
aquifer quality data. Prepare preliminary source water protection plan
and source water delineation and assessment report. Provide
additional spatial granularity within the transient model environment.
Simulate surface water depletions from pumping well at Sports Park to
inform water right mitigation plan options and aquifer recharge
locations.
Phase 3A - Aquifer recharge site evaluation at existing City owned
property near the mouth of Leverich Canyon. Collect groundwater
elevation data from instrumented monitoring wells. Evaluate
infiltration potential of site soils. Simulate surface water accretions
derived from water infiltration at the recharge site to evaluate
suitability for inclusion in a water right mitigation plan.
The PSA attached hereto provides for Phase 4 of the municipal groundwater
project: municipal test well design, aquifer testing, and preparation of a
Groundwater Application for Beneficial Water Use Permit. The agreement
does not take the form of an amendment to the original PSA entered into
with Respec for this project. Rather, a new professional services agreement
has been negotiated given the nature of services rendered includes design,
bidding, and construction administration tasks; thus shifting from the study
portions of the project completed with Phases 1 through 3A.
UNRESOLVED ISSUES: Approval of the PSA attached hereto is linked to Resolution 5262, which has
been placed alongside the subject PSA on this February 23, 2021 consent
agenda. Said resolution authorizes City staff to move forward with the
exploration, development, and build-out of a municipal groundwater facility
at Bozeman Sports Park.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Total expenditures to-date for the groundwater project amount to
$405,144.65. Funding contributions have occurred from the Water Fund
through CIP Project W32B (FY2016), the Water Impact Fee Fund through CIP
Project WIF31 (FY2018), and an RDG Grant contribution of $50,000.
The subject PSA contains a total negotiated fee of $197,970 for the agreed
scope of services. The PSA will be largely funded by the unobligated and
unspent balance of $167,650 available to CIP Project WIF31, with CIP Project
WIF32 (FY2021) providing for the difference of $30,320. Sufficient funding is
297
available to cover the PSA cost.
Attachments:
PSA w RESPEC for Phase 4 Groundwater Project.pdf
Report compiled on: February 11, 2021
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Memorandum
REPORT TO: City Commission
FROM: John Alston, Water and Sewer Superintendent
Mitch Reister, PE, Director of Public Works
SUBJECT: Authorize the City Manager to Sign an Amendment One to the Professional
Services Agreement with Summit Utility Services for Locating Services
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Agreement - Vendor/Contract
RECOMMENDATION: Authorize the City Manager to sign a first amendment to the professional
services agreement with Summit Utility Services for locating services.
STRATEGIC PLAN: 7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:
State Law requires all utility owners to locate and mark underground
infrastructure within two business days of a locate request. In 2018, the City
entered into a professional services agreement with Summit Utility Services
to perform this work. Prior to that, the City Water Department and the
Streets/Signs and Signals Department spent a considerable amount of staff
time responding to locate requests.
This amendment would extend the contract for a period of one-year as
allowed in Section 30 of the existing PSA and it will adjust the costs based on
2021 rates.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The FY21 operating budget for Water Operations, Sewer Operations,
Stormwater, and Signs and Signals includes funds for the work.
Attachments:
332
First Amendment to the Professional Services Agreement
Report compiled on: February 4, 2021
333
First Amendment to Professional Services Agreement for Underground Utilities Locating Services
FY 2021 – FY 2022
Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Underground Utilities Locating Services dated April 9, 2018 (the “Agreement”) is made and
entered into this _____ day of ____________, 2021, by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Summit
Utility Services, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 30 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on April 9, 2022.
2. Payment. Costs per locate have increased as shown in Exhibit A.
3. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall
be on the basis of merit and qualifications. The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar
a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an
age, physical or mental disability, marital status or sex distinction. The Contractor shall be
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2,
United States Code, and all regulations promulgated thereunder.
334
First Amendment to Professional Services Agreement for Underground Utilities Locating Services
FY 2021 – FY 2022
Page 2 of 3
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SUMMIT UTILITY SERVICES
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
335
First Amendment to Professional Services Agreement for Underground Utilities Locating Services
FY 2021 – FY 2022
Page 3 of 3
Exhibit A: Costs for Services (per locate)
Lumin $11.50
RRFB $11.50
Wells $11.50
Storm Sewer $11.50
Sewer $15.53
Water $15.53
Signals $17.25
336
Memorandum
REPORT TO: City Commission
FROM: Brian Heaston, Engineer III - Water
Mitch Reister, Director of Public Works
SUBJECT: Resolution 5262, Authorizing the Exploration, Development, and Build-Out of
a Municipal Groundwater Facility on City Property Located at the Bozeman
Sports Park
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Resolution
RECOMMENDATION: Resolution 5262, authorizing the exploration, development, and build-out of
a municipal groundwater facility on city property located at the Bozeman
Sports Park.
STRATEGIC PLAN: 6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND: The Public Works Department has been pursuing development of a
groundwater source to expand its available municipal water supply to
support and allow for continued City growth pursuant to the 2013
Integrated Water Resources Plan. A groundwater investigation was initiated
in 2015 by the engineering consulting firm, Respec. Investigation
conclusions have found that a significant groundwater aquifer exists under
the Bozeman Sports Park, which appears to be of adequate quantity and
quality for municipal water supply purposes. The investigation work to-date
has primarily been a desktop exercise utilizing existing publicly available well
logs, groundwater data, streamflow data, and geologic mapping to develop a
groundwater model. The City has not yet drilled any exploration or test
wells into this aquifer to validate desktop findings that an adequate aquifer
exists to develop a new municipal water supply well. This physical
groundwater testing data is necessary, in conjunction with the groundwater
model, to support an application for a beneficial water use permit from the
MT DNRC. This permit is required under the Montana Water Use Act in
order to obtain a legal water right to appropriate groundwater for municipal
purposes. Given that the Upper Missouri Basin is closed to the
appropriation of new surface water rights, together with the legal
recognition that groundwater and surface water are separate expressions of
the same source, there are significant water rights challenges to obtain a
beneficial water use permit for a municipal groundwater supply meeting the
City’s projected long-range water supply needs.
337
Resolution 5262 attached hereto provides authorization for City Staff to
proceed with the exploration, development, and build-out of a municipal
groundwater facility on City property located at the Bozeman Sports Park.
Exhibit A, attached and made part of Resolution 5262, provides a conceptual
plan depiction of the municipal groundwater facility, which is planned to
occupy a portion of the southeast corner of the park near the intersection of
Flanders Mill Road and Oak Street. At this time the exact nature of the
layout and configuration of the facility has not been determined due to many
current unknowns, such as the number of wells that may be needed for
sufficient aquifer yield, water quality of the aquifer and potential treatment
requirements, and uncertainties surrounding securing a water right within
the closed Upper Missouri River basin.
Subject to passage and approval of Resolution 5262 and acquisition of a
groundwater water right, detailed infrastructure and site design for the
municipal groundwater facility would commence, including working through
the formal planning process to amend the Sports Park Master Plan, obtaining
approval of a Site Plan, and proceeding through DEQ infrastructure review.
Coordination between the Public Works and Parks Department staff has
occurred with respect to the groundwater facility location at Sports Park.
The Parks Department is supportive of the project and has collaborated with
Public Works on presentations given to the Sports Park Foundation, and the
Recreation and Parks Advisory Board (RPAB). Both the Foundation and RPAB
have indicated support of the.
Please note that Resolution 5262 is linked to the Professional Services
Agreement with Respec providing for Phase 4 of the groundwater project
(test well design, aquifer testing, and preparation of an groundwater
application for beneficial water use permit), which has been placed alongside
Resolution 5262 on this February 23, 2021 consent agenda.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Not applicable.
Attachments:
Resolution 5262_Sports Park Municipal Groundwater
Facility.docx
Resolution 5262_Exhibit A.pdf
Report compiled on: February 11, 2021
338
RESOLUTION 5262
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE EXPLORATION, DEVELOPMENT, AND BUILD-
OUT OF A MUNICIPAL GROUNDWATER FACILITY ON CITY PROPERTY
LOCATED AT THE BOZEMAN SPORTS PARK
WHEREAS, pursuant to § 7-13-4402, MCA, the City Commission has the power to
adopt, enter into, and carry out means for securing a supply of water for the use of the City and its
inhabitants; and
WHEREAS, on September 30, 2013, the City Commission adopted the Integrated Water
Resources Plan containing recommendations determined to ensure the City maintain an adequate
water supply for its projected demands over the next 50 years, and directed staff to initiate
implementation of the plan including the development of a municipal groundwater supply leading
to the Municipal Groundwater Project ongoing since August 2015; and
WHEREAS, in November 2012, the citizens of Bozeman approved Resolution 4386
authorizing the City pursuant to §76-6-109, MCA, to sell and issue general obligation bonds in the
manner and within the limitations prescribed by applicable laws of Montana for the purpose of
acquiring and improving open-space land and other property consistent with the provisions of the
Open Space Land and Voluntary Conservation Easement Act (“the Act”) (Title 76, Chapter 6, Part
1, MCA). Section 76-6-104, MCA defines open-space land as any land that is provided or
preserved for: park and recreational purposes; conservation of land or other natural resources;
historic or scenic purposes; or assisting in the shaping of the character, direction and timing of
community development; and
WHEREAS, in April 2014, the City Commission approved Resolution 4521 to fund the
Bozeman Sports Park with monies within the Trails, Open Space and Parks Bond Fund created
following the passage of Resolution 4386, and the Commission determined the Bozeman Sports
Park project to fulfill the intent, findings, policy and purposes of the Act and designated the real
property acquired with the funds as open space land for the purposes of compliance with the Act;
and
339
Resolution 5262 – Authorizing Exploration, Development and Build Out of Municipal Groundwater Facility at Bozeman
Sports Park
Page 2 of 2
WHEREAS, the City Commission determines using a portion of open space land at the
Bozeman Sports Park for a well site and related infrastructure is consistent with the approved uses
of open space land specifically with assisting in the shaping of the character, direction and timing
of community development and therefor consistent with the original purpose, dedication and
funding of the property.
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
The City Commission hereby authorizes City staff to move forward with the exploration,
development, and build-out of a municipal groundwater facility at the Bozeman Sports Park as
generally described in the concept plan, Exhibit A, attached hereto and made a part hereof. The
City Commission provides said authorization with the understanding that Exhibit A is a
depiction of the general portion of the Sports Park needed to accommodate a municipal
groundwater facility, and the major elements thereof, the actual configuration of which will be
determined as the project proceeds towards completion.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the ____ day of ______ __, 2021.
___________________________________
CYTHIA L. ANDRUS, Mayor
ATTEST:
____________________________________
MIKE MASS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
340
Injection Wells
Geothermal Extraction Wells
I 0 50 100 200
City of Bozeman PWS Feet
Well Site Layout
OAK STREET
FLANDERS MILL ROAD
NWE
Substation
3000 SF Chemical
Treatment Building
10' x 10' Wellhouse
with 100' radius control area
(0.72 acres each)
Imagery: City of Bozeman, 2018 DATE: 07/24/2020 1:1,200
Buildings
Control Zone
Irrigation Pond
GWIC Wells 2018
Existing Water Well
Pipe
Fencing
Existing Major Contours (5')
Exsiting Minor Contours (1')
GALLATIN HIGH SCHOOL
BOZEMAN SPORTS PARK
341
Memorandum
REPORT TO: City Commission
FROM: Brit Fontenot, Economic Development Director
SUBJECT:
Resolution 5263, Supporting an Application to the Big Sky Economic
Development Trust Fund Program Administered by the Montana
Department of Commerce, on Behalf of the Profitable Ideas Exchange (“PIE”)
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Resolution
RECOMMENDATION: Resolution 5263, supporting an application to the Big Sky Economic
Development Trust Fund Program administered by the Montana Department
of Commerce, on behalf of the Profitable Ideas Exchange (“PIE”).
STRATEGIC PLAN: 2.3 Workforce Development: Support education and workforce development
initiatives to improve the skills of our citizens.
BACKGROUND: See Exhibit 1.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As directed by the Bozeman City Commission.
FISCAL EFFECTS: See Exhibit 1.
Attachments:
Exhibit 1 CC Memo BSTF App 2 PIE FINAL 2.08.21.doc
Exhibit 2 CC Resolution 5263 PIE BSTF application 2 05-21
FINAL.docx
Exhibit 3 PIE #2 Signature Certification Form-partially
executed.pdf
Report compiled on: February 5, 2021
342
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
SUBJECT: Resolution 5263 Supporting the Application to the Big Sky Economic
Development Trust Fund Program Administered by the Montana
Department of Commerce, on Behalf of the Profitable Ideas Exchange
(“PIE”).
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 5263 authorizing the application for a Big Sky
Trust Fund Category I job creation grant on behalf of the PIE and administered by The
Prospera Business Network.
BACKGROUND: The Montana Department of Commerce administers the Big Sky
Economic Development Trust Fund Category I job creation program. This State-funded
program is intended to incentivize the creation of higher paying jobs; a Bozeman City
Commission priority.
The local governing body is required to apply for the grant on behalf of the
business as a co-applicant with the local Certified Regional Development Corporation
(CRDC). The Prospera Business Network (“Prospera”) is the local CRDC. Should the grant
be awarded to the PIE, staff recommends that the City Commission appoint Prospera to
administer all aspects of the grant on behalf of the City of Bozeman.
What is the Profitable Ideas Exchange? Thirsty for insight, executives look for
scalable ways to connect with each other in a human way – to genuinely talk about what
is working and what is not. They look for those who have the same responsibilities and
reporting relationships in similarly-sized organizations because these are their fellow
travelers who feel their same pressures and challenges. Executives prize the
understanding that comes from sharing war stories, observations and advice. At the
same time, they value advisors for the independence and perspective they bring and
know that together these two groups can form an ecosystem where best practices are
343
cross-pollinated between high-performing companies. PIE brings these leaders
together.
PIE’s services include: virtual roundtables, summit support, corporate dining
seminars and events, research, podcasts, business development training, advisory board
management and speaking. PIE is again expanding their workforce in Bozeman,
including the creation of up to thirty-nine (39) net new jobs. Resolution 5263,
supporting their application for BSTF grant funding, helps to ensure that the additional
positions envisioned for this growing company become a reality in Bozeman.
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: If the application is successful, the PIE may be awarded up to $5,000
per net new job with a target of thirty-nine (39) net new jobs over the next twenty-four
(24) months for a total grant award, if all proposed new jobs are filled, of $195,000.
It is important to note that the Big Sky Trust Fund support provided by the City of
Bozeman, in longstanding partnership with Prospera, is not without financial risk,
although the City and Prospera work closely together with the assisted business to
minimize the risk. If the number of jobs identified in the contract is not filled by the
assisted business, but grant dollars are received by the assisted business, the contract
between the assisted business and the City of Bozeman contains the following financial
restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to
sustain that job for the requisite duration, then the Contractor
shall reimburse the Department all funds received for that job. If
the Assisted Business fails to create the required number of jobs,
then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases
operation at the Project Site, then the Contractor shall reimburse
the Department all funds received under this Contract.
AND
Section 3 Compensation and Consideration:
344
c. The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
a. Fails to create or maintain the number of net new
eligible jobs as specified in the executed contract and
assistance agreement, or
b. Fails to inject the required amount of match into the project as
specified in the executed contract and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has overpaid
based on the number of net new jobs at the end of the contract
period.
b. The business ceases operations at the Project Site within the
contract period.
Attachments:
1) Resolution 5263; and
2) BSTF Signature Certification for PIE.
Report compiled on: 02-05-21
345
RESOLUTION NO. 5263
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO THE SECOND APPLICATION TO BIG SKY ECONOMIC
DEVELOPMENT TRUST FUND PROGRAM ADMINISTERED BY THE STATE OF
MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF THE PROFITIBLE
IDEAS EXCHANGE (“PIE”).
WHEREAS, the Bozeman City Commission is committed to facilitating economic
diversification in the City and the region; and
WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high-
wage job creation and expansion, thus positively impacting the economy of the entire region; and
WHEREAS, PIE, desires to expand their business and create additional knowledge-based
jobs in Bozeman; and
WHEREAS, the City Commission has determined that the knowledge economy including
the information and technology sectors has high growth potential, supports mid to high wage jobs
and supports economic diversity; and
WHEREAS, the Montana Department of Commerce administers the Big Sky Economic
Development Trust Fund Category I job creation program, a state-funded program, to create good
paying jobs for Montana residents, promote long-term, stable economic growth in Montana, create
partnerships, expand existing businesses and provide a better life for future generations through
greater economic growth and prosperity; and
WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business
Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund
Economic Development Category I grant and provide administrative support and other
responsibility for the management and appropriate reporting to the Montana Department of
Commerce.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, the City agrees to submit an application, through The Prospera Business
Network, to the Montana Department of Commerce, Big Sky Economic Development Trust Fund
Program to assist PIE in their expansion project and that The Prospera Business Network will
manage all aspects of the grant.
346
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 23
rd
day of February, 2021.
CYNTHIA A. ANDRUS
Mayor
ATTEST:
MIKE MAAS, MPA
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
347
VIII. CERTIFICATION BY LOCAL GOVERNMENT AND BUSINESS
As the responsible authorized agents FOR the City of Bozeman, and Applicant Business: Profitable Ideas
Exchange, Inc. we hereby submit this Big Sky Economic Development Trust Fund Application.
The information presented in this application is, to the best of our knowledge, true, complete and accurately
represents the proposed project. We understand that additional information and documentation may be required. In
addition, we understand that the local or tribal government applicant and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award that is advanced by the Department if the assisted
business: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified
in the executed contract and assistance agreement, fails to inject the required amount of match into the project as
specified in the executed contract and assistance agreement, or ceases operations at the Project Site.
X The Applicant designates Prospera Business Network, 406-587-3113 as the authorized contact for any
additional Department requests for the release of additional information regarding this application for BSTF
funds.
Local Applicant: City of Bozeman will accept responsibility for management of the project and compliance with Big
Sky Economic Development Trust Fund regulations.
Applicant Business: Profitable Ideas Exchange, Inc. will accept responsibility for compliance with applicable Big
Sky Economic Development Trust Fund regulations as specified in this application.
Name
(typed):
Local : City of Bozeman
Title (typed):
Chief Elected Official
Signature: X
Date:
As the responsible authorized agents of the Assisted Business: Profitable Ideas Exchange, Inc., we hereby
submit this Big Sky Economic Development Trust Fund Application.
The information presented in this application is, to the best of our knowledge, true, complete and accurately
represents the proposed project. We understand that additional information and documentation may be required. In
addition, we understand that the local or tribal government applicant and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award that is advanced by the Department if the assisted
business: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified
in the executed contract and assistance agreement, fails to inject the required amount of match into the project as
specified in the executed contract and assistance agreement, or ceases operations at the Project Site.
The assisted business agrees that the Montana Department of Commerce and the Montana Department of Revenue
may share financial and tax information related to this application.
Name
(typed):
Renee Storm
Assisted Business: Profitable Ideas Exchange,
Inc.
Title (typed): Human Resource Manager
Authorized Representative
Signature:
Date: 2/3/21
348
Memorandum
REPORT TO: City Commission
FROM: Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT: Ordinance 2067, Final Adoption Amending the Zoning Map to Establish
10.6154 Acres as REMU, Residential Emphasis Mixed-Use, 8.18998 Acres as
R-5, Residential Mixed Use High Density, and 71.6945 Acres as B-2M,
Community Business District- Mixed, Norton Ranch 2020 Zone Map
Amendment, Application 20288
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Ordinance
RECOMMENDATION: Ordinance 2067, final adoption amending the zoning map to establish
10.6154 Acres as REMU, residential emphasis mixed-use, 8.18998 Acres as R-
5, residential mixed use high density, and 71.6945 Acres as B-2M,
community business district- mixed, Norton Ranch 2020 Zone Map
Amendment, application 20288.
STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND: Greg Stratton of Kilday & Stratton, representing Norton Properties, LLC,
requested amendment of the zoning map designations in Phase 4 of the
Norton Ranch Subdivision located north of Huffine Lane at the western edge
of the Bozeman City Limits. The applicant requested to rezone the property
from R-O (Residential Office), B-P (Business Park), and R-3 (Residential
Medium Density) to R-5 (Residential Mixed-Use High Density), REMU
(Residential Emphasis Mixed-use), and B-2M (Community Business Mixed-
Use). The future land use designation for most of the property was changed
with the adoption of the Bozeman Community Plan 2020 which was adopted
on November 17, 2020. Portions of the existing zoning no longer
corresponded to the future land use designation.
On January 5, 2021, the City Commission preliminarily approved the zone
map amendment with several contingencies. The contingencies have been
met. The necessary ordinance is drafted and attached to this action item.
Adoption of the implementing ordinance must receive provisional and final
adoption before becoming effective. Provisional adoption occurred on
February 2, 2021.
349
UNRESOLVED ISSUES: None.
ALTERNATIVES: Determine that the earlier approval was in error and do not approval final
adoption of Ordinance 2067.
FISCAL EFFECTS: None.
Attachments:
Ordinance 2067 Norton Ranch 2020 ZMA No 20288.docx
14300 X-ZMA (2021.01.14).pdf
Report compiled on: January 26, 2021
350
Page 1 of 6
ORDINANCE NO. 2067
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE
10.6154 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED-USE, 8.18998 ACRES AS
R-5, RESIDENTIAL MIXED USE HIGH DENSITY, AND 71.6945 ACRES AS B-2M,
COMMUNITY BUSINESS DISTRICT- MIXED, NORTON RANCH 2020 ZONE MAP
AMENDMENT, APPLICATION 20288.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to amend the map to change from a mix of R-3, R-O, and BP to
classifications of 10.6154 acres as REMU, Residential Emphasis Mixed-use, 8.18998 acres as R-
5, Residential Mixed Use High Density, and 71.6945 acres as B-2M, Community Business
District- Mixed has been properly submitted, reviewed, and advertised; and
351
Ordinance 2067, Norton Ranch 2020 Zone Map Amendment
Page 2 of 6
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on December 14, 2020 to receive and review all written and oral testimony on the request for a
zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 20288, the Norton Ranch 2020 Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on January
5, 2021, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
REMU, Residential Emphasis Mixed-use:
An area of land comprised described as follows:
Lot 2 and Lot 3, Block 13, Lot 1 and Lot 2, Block 14, and the Park in Block 15,
NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668], and the portions of
adjacent Fallon Street, Pond Lily Drive, and Water Lily Drive, all described as follows:
Commencing at the Southwest Corner of Lot 2, Block 13, NORTON EAST RANCH
SUBDIVISION, PHASE 4; thence northerly 000°25’50”, assumed azimuth from north,
230.00 feet along the west line of said Lot 2 and its northerly extension, to the centerline
of said Fallon Street; thence easterly 090°25’50” azimuth, 1,076.73 feet along the
centerline of said Fallon Street to the northerly extension of the eastern Park line in Block
15 in the southeast corner of said Park; thence southerly 182°08’35” azimuth, 230.10 feet
along the eastern line of the Park in Block 15 to the southeast corner of said Park; thence
westerly 270°25’50” azimuth, 1,069.86 feet along the north line of Lot R4, said
NORTON EAST RANCH SUBDIVISION, PHASE 4, to the point of beginning.
352
Ordinance 2067, Norton Ranch 2020 Zone Map Amendment
Page 3 of 6
Area = 246,858 sq ft, 5.6671 Ac. or 22,933.8 sq. meters
All as depicted on the NORTON RANCH 2020 Zone Map.
Section 2
That the zoning district designation of the following-described property is hereby designated as
REMU, Residential Emphasis Mixed-use:
That part of Lot R4 and Lot R2A, NORTON EAST RANCH SUBDIVISION, PHASE 4
[Plat J-668], which includes the south 30 feet of the public street easement for Fallon
Street according to Document No. 2269582, all described as follows:
Beginning at the Southwest Corner of said Lot R2A, being the Southwest 1/16 Corner of
Section 9, T. 2S, R. 5E; thence northerly 002°22’18”, assumed azimuth from north,
30.02 feet along the west line of said Lot R2A to the centerline of said public street
easement for Fallon Street; thence easterly 090°25’50” azimuth 930.10 feet along said
centerline of Fallon Street; thence southerly 178°51’32” azimuth, 230.09 feet; thence
westerly 270°25’50” azimuth, 944.21 feet to the west line of said Lot R4; thence
northerly 002°22’18” azimuth, 200.11 feet along said west line to the point of beginning.
Area = 215,546 sq ft, 4.9483 Ac. or 20,024.9 sq. meters
Section 3
That the zoning district designation of the following-described property is hereby designated as
R-5, Residential Mixed Use High Density:
That part of Lot R2A, NORTON EAST RANCH SUBDIVISION, PHASE 4 [Plat J-668],
which includes the north 30 feet of the public street easement for Fallon Street according
to Document No. 2269582, and the west half of the adjacent right of way for Laurel
Parkway, all described as follows:
Commencing at the Southwest Corner of said Lot R2A, and being the Southwest 1/16
Corner of Section 9, T. 2S, R. 5E; thence northerly 002°22’18”, assumed azimuth from
north, 30.02 feet along the west line of said Lot R2A to the point of beginning; thence
continuing northerly 002°22’18”, 290.14 feet along said west line to the northwest corner
of said Lot R2A; thence easterly 090°25’50” azimuth, 1221.96 feet along the north line
of said Lot R2A and its easterly extension to the centerline of Laurel Parkway; thence
southerly 178°29’58” azimuth, 290.14 feet along said centerline to the centerline
353
Ordinance 2067, Norton Ranch 2020 Zone Map Amendment
Page 4 of 6
intersection of said public street easement for Fallon Street; thence westerly 270°25’50”
azimuth, 1241.56 feet along said centerline to the point of beginning.
Area = 357,182 sq ft, 8.1998 Ac. or 33,183.3 sq. meters
Section 4
That the zoning district designation of the following-described property is hereby designated as
B-2M, Community Business District - Mixed:
That part of Lot R4, Lot R2A, and Common Open Space D3, NORTON EAST RANCH
SUBDIVISION, PHASE 4 [Plat J-668], and the portions of adjacent Huffine Lane,
Laurel Parkway and Fallon Street, which also includes the public street easement for
Laurel Parkway according to Document No. 2269586 and the public street easement for
Fallon Street according to Document No. 2269582, all described as follows:
Beginning at the Southwest Corner of Lot R4, NORTON EAST RANCH
SUBDIVISION, PHASE 4; thence northerly 002°22’18”, assumed azimuth from north,
1,044.45 feet along the west line of said Lot R4; thence easterly 090°25’50” azimuth,
944.21 feet; thence northerly 358°51’32” azimuth, 230.09 feet to the centerline of the
public street easement for Fallon Street according to Document No. 2269582; thence
easterly 090°25’50” azimuth, 695.72 feet along said centerline of Fallon Street as
dedicated on said NORTON EAST RANCH SUBDIVISION, PHASE 4; thence
southerly 180°25’50” azimuth, 230.00 feet along the east line of Common Open Space
D3 and its northerly extension to the north line of said Lot R4; thence easterly
090°25’50” azimuth, 1069.86 feet along said north line to the northeast corner of said Lot
R4; thence southerly 182°08’35” azimuth, 1,094.90 feet along the east line of said Lot 4
and its southerly extension to the centerline of Huffine Lane; thence westerly
270°43’27” azimuth, 477.54 feet along said centerline; thence westerly 270°28’25”
azimuth, 1,248.41 feet along said centerline; thence westerly 397.75 feet on a tangential
a curve concave to the south, radius 11,459.16 feet and central angle 1°59’19” along said
centerline; thence westerly 268°29’06” azimuth, 294.37 feet, tangent to said curve, along
said centerline; thence westerly 290.76 feet on a tangential a curve concave to the north,
radius 11,459.16 feet and central angle 1°27’14” along said centerline to the southerly
extension of the west line of said Lot R4; thence northerly 002°22’18” azimuth, 70.07
feet along said southerly extension to the southwest corner of said Lot R4 and being the
point of beginning.
Area = 3,123,011 sq ft or 71.6945 Ac. or 290,134.8 sq. meters
354
Ordinance 2067, Norton Ranch 2020 Zone Map Amendment
Page 5 of 6
Section 5
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 6
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 7
Severability.
That should any sentence, paragraph, subdivision, clause, phrase, or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 8
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 9
355
Ordinance 2067, Norton Ranch 2020 Zone Map Amendment
Page 6 of 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 2nd day of February, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the __________
day of____________________, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
356
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357
Memorandum
REPORT TO: City Commission
FROM: Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kristin Donald, Finance Director
SUBJECT: Resolution 5255, Creating a Special Improvement Lighting District 763 for
Bridger View Redevelopment P.U.D.
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Resolution
RECOMMENDATION: Move to approve Resolution 5255, creating a Special Improvement Lighting
District 763, Bridger View Redevelopment P.U.D.
STRATEGIC PLAN: 7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND: The Commission did on February 2, 2021 adopt Commission Resolution No.
5254/ Intent to Create Special Improvement Lighting District 763, Bridger
View Redevelopment P.U.D. as per MCA 7-12-4301. The property owner has
been noticed of the public hearing on this date. Creating a lighting district is
a requirement of final plat approval.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $13.95 per acre within the district or $42.72 annually for
the entire district, or on an average size lot of 2,342 square feet the annual
estimated cost would be $.75, which is payable semiannually.
Attachments:
Resolution 5255-Creation of SILD 763-Bridger View
Redevelopment.docx
Report compiled on: January 13, 2021
358
Version April 2020
RESOLUTION 5255
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 763 (BRIDGER VIEW
REDEVELOPMENT PUD) CREATING THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
Passage of Resolution of Intention. This Commission, on February 2, 2021, adopted Resolution
No. 5254 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to create a special lighting district, designated as Special Lighting District No. 763 (BRIDGER
VIEW REDEVELOPMENT PUD) of the City (the “District”), under Montana Code Annotated,
Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain
local improvements described generally therein (the “Improvements”) and paying costs incidental
thereto, including costs associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on February 23, 2021, this
Commission conducted a public hearing on the creation of the District and the making of the
359
Version April 2020
Improvements. The meeting of this Commission at which this resolution was adopted is the first
regular meeting of the Commission following the expiration of the period ended 15 days after the
first date of publication of the notice of passage of the Resolution of Intention (the “Protest
Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and
schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330,
M.C.A., and upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 763 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used
to pay costs of the Improvements.
360
Version April 2020
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
361
Version April 2020
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5255 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 763
(BRIDGER VIEW REDEVELOPMENT PUD); CREATING THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT, (the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City at a meeting on February 23, 2021 and that the meeting was duly held by
the City Commission and was attended throughout by a quorum, pursuant to call and notice of
such meeting given as required by law; and that the Resolution has not as of the date hereof been
amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 24
th
day of February, 2021.
__________________________________
MIKE MAAS
City Clerk
362
Memorandum
REPORT TO: City Commission
FROM: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT: The Nexus Point 2021 Zone Map Amendment Application to Change
Approximately 6.99 Acres from R-O (Residential Office) to R-5 (Residential
Mixed-Use High Density), Application 20-389
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Community Development - Legislative
RECOMMENDATION: Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20-389 and move to recommend
approval of the Nexus Point 2021 Zone Map Amendment, with contingencies
required to complete the application processing.
STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND: An application to rezone a portion of an existing lot from R-O (Residential
Office) to R-5 (Residential Mixed-Use High Density). This property underwent
a rezoning on January 7, 2019 (Application 18449) and rezoned the entire
parcel from B-P (Business Park) to R-O (Residential Office). The property is
subject to an approved Master Site Plan, see application 19-263 for a two
phase residential and office complex. Site Plan review and approval is
required before construction can begin on the subject property.
UNRESOLVED ISSUES: None.
ALTERNATIVES: 1. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS: None identified at this time.
Attachments:
363
20389 Staff report CC - Nexus Point 2 ZMA.docx
Form A1 - Development Review Application - Signed 11-08-
20.pdf
ZMA - Map Requirement Checklist Narrative 11-09-20.pdf
ZMA Application Cover Letter 11-09-20.pdf
ZMA Exhibit - R5 Exhibit-R5 ZMA 11-09-20.pdf
Nexus Point ZMA graphic.pdf
Report compiled on: February 10, 2021
364
Page 1 of 29
20-389 Staff Report for the Nexus Point 2021 Zone Map Amendment
Public Hearing:
The Zoning Commission public hearing was held on January 25, 2021
The City Commission public hearing will be held on February 23, 2021
Project Description: Amendment to the City Zoning Map on approximately 6.99 acres
from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density).
Project Location: A portion of a field west of South 19
th
Avenue and south of Grace Bible
Church. Legally described as a portion of Lot 1 of Minor Subdivision 235, situated in
the in the Northeast One-Quarter (NE ¼) of Section 23, Township Two South (T2S),
Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20-389 and
move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20-389 and
move to approve the Nexus Point 2021 Zone Map Amendment, with contingencies
required to complete the application processing.
Report Date: January 26, 2021
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
365
20389 Nexus Point 2021 Zone Map Amendment Page 2 of 29
Project Summary
An application to rezone a portion of an existing lot from R-O (Residential Office) to R-5
(Residential Mixed-Use High Density). The parent tract encompasses 20 acres with 6.99
acres proposed to be rezoned. The boundary of the area to be rezoned is based on the
centerline of the internal streets from the Nexus Point Master Site Plan (MSP), application
19-263 for a residential and office complex. The Nexus Point MSP was approved in October
2020. The first phase (application 19-262) of the MSP was reviewed and approved
concurrently with the MSP and is now under construction. Please refer to Map 5 in Section 1,
Map Series.
The property was annexed in 2007 under the name Genesis Business Park II annexation
(A06003) and established initial zoning of B-P (Z06133). Subsequently, the entire parcel was
rezoned on January 7, 2019 (Application 18449) from B-P (Business Park) to R-O
(Residential Office).
The previous rezoning public hearing can be reviewed here: January 7, 2019 Commission
Hearing for reference.
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use (FLU)
designation from Business Park Mixed-Use to Urban Neighborhood. The Business Park FLU
designation was removed with the new Community Plan. The existence of a non-
implementing zoning district does not necessitate an immediate zone change but is
encouraged. Any proposed changes in zoning must be an implementing district for the FLU
designation. The R-5 District is an implementing district for the Urban Neighborhood FLU
designation, see Appendix C of this report.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Transportation Master Plan 2017 – City transportation plan
Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion.
Zoning Commission Report and Summary
The Zoning Commission conducted their public hearing on January 25, 2021. The Zoning
Commission offered a thorough review and consideration of the application. The
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20389 Nexus Point 2021 Zone Map Amendment Page 3 of 29
Commission relied, in part, on the Master Site Plan (MSP), future site plan approvals, and the
applicant’s statement that a mix of uses, primarily a deli, may be included with future
development. The Commission felt the mix of uses is a response to community needs. No
definition of which community was articulated. In addition, the Commission focused on the
following topics:
There was concern about impacts on the transportation system. The Commission
concurred with the applicant that any negative impacts have been addressed with
existing infrastructure and the internal streets that will be constructed with the current
site plan approval further development.
The Commission discussed the similarities and differences between the R-5 Request
of the Buffalo Run application the Nexus Point 2021 application. In short, the
Commission found that differences were more significant than similarities. The
primary reasons being context relating to existing infrastructure, it is not a part of an
annexation, zoning surrounding the site, and other factors.
There was one public comment on the application that was not for or against the proposed
amendment, rather commentary on the South University District stating that there are much
larger developments in planning to consider and will bring additional infrastructure to the
area in question.
After consideration of the proposed amendment they recommend approval (4:0) as
submitted.
Please review the video recording for the complete record. The agenda item begins at 0:52:14
and concludes with a motion and vote starting at 2:10:57. The video of the public hearing is
available at the following link:
https://bozeman.granicus.com/player/clip/44?view_id=1&redirect=true
Alternatives
1. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary................................................................................................................. 2
Alternatives......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS........... 11
Spot Zoning Criteria ......................................................................................................... 20
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 21
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 22
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 22
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 29
FISCAL EFFECTS................................................................................................................. 29
ATTACHMENTS................................................................................................................... 29
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SECTION 1 - MAP SERIES
Map 1: Vicinity Map of the project site in the City of Bozeman
LEGEND:
Subject Area
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Map 2 Bozeman Community Plan 2020 Future Land Use Map
Urban Neighborhood
Urban Neighborhood
Community
Commercial
Mixed Use
Residential
Mixed Use
Parks and Open Lands
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Map 3: Existing Zoning
Not Annexed – County AS
County
AS
County
RO
N-S
County
AS
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Map 4: Proposed Zoning
Not Annexed – County AS
County
AS
N-S
County
RO
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Page 9 of 29
Map 5: Proposed Zoning Map
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-5 shall be identified as the “NEXUS Point 2021 Zone Map
Amendment”.
2. The applicant must submit a zone amendment map, titled “Nexus Point 2021 Zone Map
Amendment”, on a 24” by 36” Mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which
will be utilized in the preparation of the Ordinance to officially amend the City of
Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent rights-of-way, and total acreage
of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
4. All required materials shall be provided to the Department of Community Development
within 60 days of a favorable action of the City Commission or any approval shall be null
and void.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted of the Norton Ranch Zone Map Amendment (ZMA).
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application at this time.
The Zoning Commission will hold a public hearing on this ZMA on January 25, 2021 and
will forward a recommendation to the City Commission on the Zone Map amendment. The
meeting will be held electronically via WebEx. Instructions for joining the meeting will be
included on the meeting agenda. The meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on February
23, 2021. The meeting will be held electronically via WebEx. Instructions for joining the
meeting will be included on the meeting agenda. The meeting will begin at 6 p.m.
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SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The future land use designation for was modified with the recent adoption of the
Bozeman Community Plan 2020 on November 17, 2020, Bozeman Community Plan 2020,
(BCP 2020). The Future Land Use Map in the Bozeman Community Plan 2020 shows the
subject property as Urban Neighborhood. This designation correlates with several zoning
districts including R-5 as proposed by the applicant.
The applicant’s narrative states that the proposed zoning is in accordance with the Growth
Policy because, “The proposed zoning is R-5 – Residential Mixed-Use High Density and the
property is designated as residential in the growth policy.”
Staff concurs with this statement and provides additional analysis.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
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“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the urban expansion area in the City’s adopted land use
plan. As shown on the maps in Section 1, with the exception of the current future land use
map, the property is designated as Urban Neighborhood. The adjacent unannexed property to
the north is designated Community Commercial Mixed Use. The Urban Neighborhood
designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such as
parks, home-based occupations, fire stations, churches, schools, and some neighborhood-
serving commerce provide activity centers for community gathering and services. The
Urban Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted to,
proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood
category.
The future land use map excerpt included in Section 1 shows locations for commercial and
residential in the immediate vicinity. Additional commercial, mixed use, educational, and
residential designations are further to the east and north across North 19
th
. The zoning map
amendment is in accordance with the future land use map.
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Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been
identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development, in particular within already
developed areas. It is inconsistent with this approach to zone for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify
any individual district but does lean towards the more intensive portion of the zoning district
spectrum.
The proposed zoning would provide for a wider variety of housing types and land uses than
the current zoning including higher density, urban-scale development with a diverse mixture
of possible uses. The R-5 district can help to absorb a portion of the growth that is projected
for the City and allows limited commercial activity to support that residential activity.
“Goal N-3: Promote a diverse supply of quality housing units.”
The R-5 district allows construction of the full range of residential buildings in the City. This
supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this
time but will be reviewed with subsequent development review for compliance with adopted
standards. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
“Goal DCD-1: Support urban development within the City.”
The proposed zoning is the City’s most intense residential zoning district. Minimum densities
are higher and parking requirements are less. Any future development will be required to
occur at urban densities and will be within the City.
“DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
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Significant existing and planned transportation systems are in the vicinity of the property
including Graf Street, Stucky Road, North 19
th
Avenue, and Kagy Boulevard, all are
designated Collectors or Arterial streets according to the current Transportation Master Plan
adopted in 2017. Future connections include the extension of Stucky Road to the east,
completion of Arnold Street, and associated pedestrian and bicycle facilities. Subsequent
development applications require analysis of needed transportation facilities and may require
offsite improvements to accommodate any additional density allowed by the R-5 district.
However, limited access to job centers, commercial activity, and educational facilities are
available without vehicular travel.
The closest goods and service are approximately 1.5 miles to the north and east and across
North 19
th
. This equates to an approximately 25 minute walk to Storm Castle Café, for
example. Further, the Walk Score®, one of ten indicators in the Community Plan to measure
the Plan’s success, for this area is 15, dismally low and according to Walk Score, “almost all
errands require a car.” Adding the additional opportunities for limited commercial in the R-5
district makes possible, but does not guarantee, creation of additional services that could
improve the Walk Score®.
The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what
justifications support a change in zoning. This application addresses two of those
justifications. First, a change in correlation between zoning and growth policy, and second,
the owner requests the change and can meet required standards. This report determines the
required standards can be met. No conflicts with the growth policy have been identified.
Considering this analysis as a whole, staff finds this criterion is met and the application is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Yes. The subject property is currently served by City of Bozeman Fire and Police
Departments. The property is vacant. Future development of the property will be required to
conform to all City of Bozeman public safety, building and land use requirements, which will
ensure this criterion is met. The change from R-O to R-5 is not likely to adversely impact
safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Yes. Potential future development of the site will require compliance with the City’s Unified
Development Code which ensures the promotion of public health, safety, and general
welfare. The proposed amendment will not put undue burden on municipal services,
emergency response capability, or similar existing requirements.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer, parks,
and other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction.
The proposed amendment will enable more intensive development than the zoning that exists
now. The new zoning also provides for a range of uses and possible intensity of
development. It is difficult to state definitively what level of services are required by the
zoning. As stated in 38.300.020.C, the designation of a zoning district does not guarantee
approval of new development until the City verifies the availability of needed infrastructure.
All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future
subdivision or site plan review the need for individual services can be more precisely
determined. No subdivision or site plan is approved without demonstration of adequate
capacity and conformance with adopted standards.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
E. Reasonable provision of adequate light and air.
Yes. Ensuring public health and safety is integral for the City’s adopted regulations. As with
all zoning districts, the R-5 district includes setbacks from property lines adequate to meet
this standard. The form and intensity standards, Division 38.320, require minimum
separation from property lines, limits building heights, limits lot coverage with buildings, and
maximum volume of buildings on a site. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Neutral. The requested change in zoning from R-O to R-5 will not itself impact the
motorized and non-motorized transportation system. The future land uses and intensity of
development are not yet known. The R-O district already allows the same range of residential
uses as R-5. However, the mix of residential and commercial uses allowed under the
proposed zoning could have the effect of providing goods, services, and employment
opportunities in close proximity to existing and future residences, thereby reducing the
number of trips or distance traveled per trip into other areas of the City to meet the residents’
needs. In any case, development of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks. Adopted standards include provisions for pedestrians, bicycles,
and motor vehicles.
G. Promotion of compatible urban growth.
Yes. The future land use map designates the property Urban Neighborhood. The Urban
Neighborhood designation correlates with several zoning districts including R-5 zoning, as
proposed by the applicant. Based on the land use map designations and correlated zoning
districts in the plan and proposed by the applicant, the zone map amendment would promote
compatible urban growth.
Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.700.040 BMC to
establish a common reference for consideration of this criterion and application of
development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or
monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not limited
to, noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
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“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in
place. The City has adopted a variety of standards to implement compatibility.
The proposed R-5 district is a predominantly residential district. The allowed uses for
residential districts are set in 38.310.030. A review of Table 38.310.030.A - Permitted
general and group residential uses in residential zoning districts reveals one difference. The
primary use in an R-O district is dependent on the FLU designation. In this case it is Urban
Residential, therefore, the primary use must be residential. A review of Table 38.310.030.B –
Permitted accessory and non-residential uses in residential zoning districts shows the R-5
district is more permissive for commercial activity although those differences are restricted in
size and configuration to retain compatibility with the primarily residential uses in the zoning
district. Some elements of the R-5 are more restrictive to non-residential uses than R-O.
The form and intensity standards for residential districts are in 38.320.030. Comparing R-O
and R-5 reveals more differences than in permitted uses. The R-5 district allows more
intensive development. The more intensive development elements allowed in the R-5 district
are subject to additional development standards established in Article 38.5, Project Design,
of the municipal code. These standards address both site and building design to enable
differing uses and scales of development to be meet the definition of compatible in the
municipal code and presented above.
“Sec. 38.500.010. - Purpose.
This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the
livability of Bozeman's residential developments;
F. Maintains and enhances property values within Bozeman.”
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a
wide range of possible answers for each community to consider. Some communities take
a highly prescriptive worst-case view and try to restrain all possible points of perceived
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conflict. This tends to create a very homogenous community with little interest or scope
for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to
another and is consistent with the growth policy, any physical conflicts will be minimal,
if present at all. The City’s zoning policy encourages continued development of mixed
uses. … The City uses the broad scope of its development standards to enable differing
uses to be successful near each other. This shows on the zoning map where districts
providing a wide diversity of uses are intermixed.”
Staff concludes that although the R-5 is different than the surrounding zoning to some degree
it is compatible and is urban growth as called for in the growth policy. See also discussion for
Criteria A & H.
H. Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal seeks to amend the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of
a zoning district. Application of any municipal zoning district to the subject property will
alter the existing character of the subject property which is an open field. It is not expected
that zoning freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design,
density or use.”
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The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development to be
compatible with adjacent development and uphold the residential character of the area.
I. Peculiar suitability for particular uses.
Yes. The proposed zoning changes bumps density and intensity opportunities for the area
being rezoned. The recently adopted Bozeman Community Plan which changed the
underlying growth policy designation from Business Park to Urban Residential indicates the
City desires considerably more residential development in this area of the City.
To the north of the property is an existing office park and church. The properties to the east
and south are currently zoned R-4 (High Density Residential) and are partially development
for residential use. The subject property has an approved Master Site Plan approval that
includes the area proposed to be rezoned which is designed to be suitable for the proposed
residential uses. In addition, there is an approved site plan, Enterprise Apartments (18-567),
for the property directly adjacent to and to the west of this property proposing additional
residential development. The area as a whole will accommodate considerable housing.
The district is appropriately located near Collector and Arterial corridors such as Graf Street,
North 19
th
, and Stucky Road. Additionally, the property is suitable for urban development
without constraints related to floodplains, human-wildlife conflict, steep slopes or other
hazards.
J. Conserving the value of buildings.
Neutral. The property is currently vacant although the surrounding area hosts many
residential and commercial buildings and, if approved and is constructed, will included many
more residential buildings. R-5 zoning will allow for new and diverse development patterns
on the subject parcel that compliment development on adjacent sites. Future development
must comply with the Bozeman Unified Development Code which will ensure an appropriate
scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated
to negatively impact nearby building values as the development pattern will be appropriate to
the surrounding character of the district.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As stated above, the Bozeman Community Plan illustrates the most appropriate use of
the land. In this case, urban-scale residential and mixed-use development has been identified
by the community as the most appropriate types of development for the property. The
Unified Development Code contains standards, protections and review processes to ensure
the land is developed in ways that protect and promote public health, safety, and general
welfare.
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Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of
County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have
uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant
difference.’
The differences between R-O, R-4, R-3 and R-5 are small and not significant.
Although intensity may be significantly different the permitted use are not. Please
refer to Appendix C below for a complete list of permitted and not permitted uses. As
a result, the proposed R-5 zoning designation would not result in primary uses of the
site which are significantly different from prevailing land uses in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner. However, the R-5
zoning designation is an implementing district to the Urban Residential land use
designation and may be utilized by any other property owners who wish to employ
the R-5 district to their respective property. Although only a portion of the parent
parcel is proposed to be rezoned, the area includes 6.99 acres which is a sufficient to
accommodate a variety of buildings and activities for numerous possible individuals.
3. Would the change be in the nature of “special legislation” designed to benefit only one
or a few landowners at the expense of the surrounding landowners or the general
public?
No. No substantial negative impacts to the surrounding landowners or the general
public have been identified due to this amendment. While the number of landowners
who will directly benefit from the proposed zone map amendment is small (one), the
proposed amendment is not at the expense of surrounding landowners or the general
public. As discussed above in the various review criteria, no substantial negative
impacts have been identified due to this amendment. The proposed R-5 zoning
designation will allow for a variety of uses conducive to the Urban Residential land
use designation.
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Nexus Point, LLC, owner and applicant, seeks to amend the zoning map for approximately
6.99 acres on a portion of an existing lot from R-O (Residential Office) to R-5 (Residential
Mixed-Use High Density). This property underwent a rezoning on January 7, 2019
(Application 18449) and rezoned the entire parcel from B-P (Business Park) to R-O
(Residential Office). The agenda from January 7, 2019 Commission Hearing can be viewed
here for reference and the previous rezoning public hearing can be reviewed here: January 7,
2019 Commission Hearing for reference.
The property is subject to an approved Master Site Plan, see application 19-263 for a two
phase residential and office complex. Site Plan review and approval is required before
construction can begin.
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use
designation from Business Park Mixed-Use to Urban Neighborhood. The proposed zoning is
in accordance with the Community Plan designations. Urban utilities and services are
available.
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20389 Nexus Point 2021 Zone Map Amendment Page 22 of 29
The property is a generally flat farm field that appears unconstrained by natural or human
caused hazards. There are no structure on the property.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on January 10, 2021 and January 24, 2021. Notice was sent via first class mail to adjacent
landowners and posted on the property on January 8, 2021.
No public comments have been received to date.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property has a future land use designation of: Urban Neighborhood.
The Urban Neighborhood category primarily includes urban density homes in a variety of
types, shapes, sizes, and intensities. Large areas of any single type of housing are
discouraged. In limited instances, an area may develop at a lower gross density due to site
constraints and/or natural features such as floodplains or steep slopes. Complementary uses
such as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to
occur within municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher
density residential areas are encouraged to be, but are not required or restricted to, proximity
to commercial mixed use areas to facilitate the provision of services and employment
opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested a zone change to R-5 (Residential Mixed-Use High Density).
The R-5 district provides for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in compact, walkable
areas to serve the needs of the community’s residents. Single and multi-household dwellings
are allowed, along with offices and small-scale retail and restaurants as secondary uses. This
district is appropriate for areas adjacent to mixed-use districts and/or served by transit.
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20389 Nexus Point 2021 Zone Map Amendment Page 23 of 29
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20389 Nexus Point 2021 Zone Map Amendment Page 24 of 29
Sec. 38.310.030. - Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1
RMH
General residential
Accessory dwelling units* -
attached (38.360.040)
P P P P P P P —
Accessory dwelling units* -
detached (38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Cottage housing (38.360.110)* P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.160)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household dwelling
(38.360.210)
P P P P P P P P
Two-household dwelling
(38.360.210)
— — P P P P P —
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20389 Nexus Point 2021 Zone Map Amendment Page 25 of 29
Three household dwelling or
four-household dwelling
(38.360.210)
— — — P P P P —
Townhouses* & rowhouses*
(two attached
units)(38.360.240)
P
2 P2 P P P P P
P
3
Townhouses* & rowhouses*
(five attached units or less)
(38.360.240)
— — —
P
3 P P P —
Townhouses* & rowhouses*
(more than five attached units)
(38.360.240)
— — — — P P P —
Group residential
Community residential
facilities* with eight or fewer
residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living (38.360.150)* P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and emergency
housing (38.360.135)* and
related services
S S S S S S S S
Notes:
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20389 Nexus Point 2021 Zone Map Amendment Page 26 of 29
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of division 38.380, Affordable Housing. May only be utilized in
developments subject to division 38.380 of this article.
3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1
RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.140)
*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings
and structures
typically
accessory to
authorized uses
A A A A A A A A
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20389 Nexus Point 2021 Zone Map Amendment Page 27 of 29
Private or jointly
owned
recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary
buildings and
yards incidental
to construction
work
A A A A A A A A
Temporary sales
and office
buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or
more
(38.360.260)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres
(38.360.260)
C — — — — — — —
Bed and
breakfast*
C C C C P P P —
Commercial
stable
(38.360.220)
C — — — — — — —
Community
centers*
C C C C C C P C
Day care centers* S S S P P P P S
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20389 Nexus Point 2021 Zone Map Amendment Page 28 of 29
Essential services
Type II*
P P P P P P P P
Essential services
Type III*
2 C C C C C C C C
Short Term
Rental (Type 1)*
P P P P P P P —
Short Term
Rental (Type 2)*
— — P P P P P —
Short Term
Rental (Type 3)*
— — — — — — — —
Golf courses C C — — — — — —
General service
establishment*
— — — — — — P
5
—
Offices* — — — — S
3
S
3
P —
Public and private
parks
P P P P P P P P
Medical offices,
clinics, and
centers*
— — — — C C
3
P —
Recreational
vehicle parks
(38.360.200)*
C — — — — — — P
Restaurant* — — — — — P
4 P
5,
6 —
Retail* — — — — — P
4 P
5,
6 —
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
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20389 Nexus Point 2021 Zone Map Amendment Page 29 of 29
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street
corner sites within a mixed-use building featuring residential units next to and/or above
subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Applicant/ Owner: Nexus Point, LLC, 3661 Jagar Lane, Bozeman, MT 59718
Representative: Madison Engineering, LLC, 895 Technology Blvd., Suite 203, Bozeman,
MT 59718
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
393
394
395
396
397
398
Lot 5 Minor Sub 235 - Zone Map Amendment Map Requirements Narrative
Page 1 of 2
NEXUS POINT
LOT 1 MINOR SUBDIVISION 235
ZONE MAP AMENDMENT
MAP REQUIREMENT CHECKLIST NARRATIVE
1. Include an exhibit of the property to be modified. Provide existing zoning designation
and the proposed zoning designation clearly labeled. The exhibit should include the legal
limits of the property and size in square feet and acreage. If adjacent to a right-of-way,
the zoning should extend to the centerline of the right of way.
Response: Included in this application is an exhibit showing both existing and proposed
zoning designation and is clearly labeled. The exhibit includes the legal limits of the
proposed zoning and size in square feet and acreage. The proposed zoning extends
to the centerline of the right of way.
2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet.
Response: The scale of the exhibit is 1” = 80’.
3. Scale, north arrow and date of preparation.
Response: Scale bar, north arrow and preparation date are all included on the exhibit.
4. Subject property well defined.
Response: The subject property and proposed zoning area is well defined.
5. Existing zoning of the surrounding property.
Response: The existing zoning of the surrounding properties are shown on the exhibit.
6. Boundaries of proposed zoning (if more than one designation being requested) well
defined.
Response: The boundary of the proposed zoning is clearly shown and well defined.
7. Proximity of all existing and proposed water and sewer mains and extension.
Response: Existing and proposed water and sewer mains are shown on the exhibit.
8. Location of all existing structures on the subject property.
Response: There are no existing structures on the property.
9. Adjacent streets and street right-of-ways.
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Lot 5 Minor Sub 235 - Zone Map Amendment Map Requirements Narrative
Page 2 of 2
Response: Adjacent streets and street right-of-way and easements are shown on the
exhibit.
10. Water bodies and wetlands.
Response: Adjacent streams are shown on the exhibit.
END OF NARRATIVE
400
401
402
Enterprise
60 units
54 units
60 units
Talbach
66 units
Graf Street Apts
400+ units
1,000 foot radius
57 units
Nexus Point
120 units under contruction
120 Ph2 units currently planned
10-20 additional Ph2 units if re-zoned R5
between 4% and 8% more units
Over 1,000 units within a 1,000 foot radius
of Lantern St and 21st Ave intersection
with no place to buy a cup of coffee or a sandwich
Cafe/Deli
9,000 sf (0.21 ac)
Pocket Park
area is 26% of
Lantern Park North
3x more than % the increase in # of units
1.26 ac Lantern Park North
403
Memorandum
REPORT TO: City Commission
FROM: Brian Heaston, Senior Engineer
Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT: Ordinance 2057, Provisional Adoption of Floodplain Regulations Text
Amendment, to Update the City of Bozeman Floodplain Regulations for
Consistency with State and Federal Minimum Requirements and Implement
the New Federal Emergency Management Agency Flood Insurance Study for
Bozeman Creek and Tributaries, Application 20136
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Community Development - Legislative
RECOMMENDATION: Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20136, and move to
provisionally adopt Ordinance 2057.
STRATEGIC PLAN: 3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND: Waterway protection has been a matter of regulation since the early days of
the City. Ordinance 105, adopted in 1893, first established protections for
Bozeman Creek. The City of Bozeman initially adopted regulations for flood
management to protect the public health, safety, and welfare in 1975
(Ordinance 952). Since 2012, the Federal Emergency Management Agency,
in conjunction with state and local partners, has been working on a new
flood study for Bozeman Creek and its tributaries. The effort has included
topographic surveys, hydrologic analyses, hydraulic modeling, peer review,
public comment, and new flood insurance rate maps, which are complete
and become effective April 21, 2021. Floodplain regulations are based on
the base flood, defined as a flood event with a 1% chance of occurring in any
given year. This intensity of flooding may occur repeatedly in sequential
years or have large intervals between events.
With the new flood study in place, the City is updating its municipal
regulations for floodplain management including components related to
floodplain development, subdivision, zoning, and environmental health.
This proposal would entirely replace the floodplain regulations of the
404
Bozeman Municipal Code with new standards and procedures to meet
minimum state and federal requirements. The standards and procedures
restrict certain construction and land alterations, require issuance of permits
for construction and land alterations, and set necessary administrative
procedures integrated with the City’s subdivision and zoning development
review procedures. To provide clarity and consistency across the Bozeman
Municipal Code, cross references are proposed to be added or changed,
watercourse setback language is proposed to be changed, definitions related
to floodplain provisions are proposed to be revised, added, and in some
cases, removed, and an artificial obstruction within a regulated flood hazard
area that does not have a floodplain permit where one is otherwise required
is declared to be a public nuisance.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1. Denial of the ordinance based on findings of non-compliance with the
applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific
direction to staff to supply additional information or to address specific
items.
FISCAL EFFECTS: No specific changes to budget City funds has been identified.
Attachments:
20136 Staff Report for the Floodplain Regulations Text
Amendment 2-10-2021.docx
FINAL_Ordinance No. 2057_Floodplain Regs REVISED 2-10-
2021.docx
Report compiled on: February 11, 2021
405
Page 1 of 20
20136 Staff Report for the Floodplain Regulations Text Amendment,
Ordinance 2057
Public Hearings: Zoning Commission/Planning Board joint meeting – February 1, 2021.
City Commission meeting – February 23, 2021.
Project Description: Update the City of Bozeman floodplain regulations for consistency
with state and federal minimum requirements and implement the new Federal
Emergency Management Agency (FEMA) flood insurance study for Bozeman Creek
and Tributaries. Specific changes are:
Replace all of Bozeman Municipal Code Division 38.600 – Floodplain Regulations –
with new standards and procedures to meet minimum state and federal requirements.
To provide consistency and clarity across the Bozeman Municipal Code, this
proposal would also:
Add Section 38.220.180 to include references to floodplain regulations in required
materials to be submitted for land development;
Revise Section 38.230.030 to update cross references to floodplain regulations for
review of land development applications related to zoning;
Revise Section 38.410.100 – Watercourse Setback – to change references to
floodplain standards to match new flood regulation language;
Revise, add, and remove definitions in Division 38.700 relating to floodplain related
components; and
Revise the City’s regulations for Environment and Health, specifically Article 16.02
– Nuisance – to add violations of the flood standards and procedures to the list of
public nuisances and integrate flood regulations with summary abatement
procedures.
Repeal Sections 42.02.010 and 42.02.020 setting waterway protections for Bozeman
Creek as they are duplicative and redundant to the proposed floodplain regulations.
This report focuses primarily on the requirements to amend zoning and subdivision
regulations.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets standards for approval.
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
406
Staff Report for the Flood Regulations Text Amendment 20-136 Page 2 of 20
presented in the staff report for application 20136 and move to recommend approval
of Ordinance 2057.
Planning Board Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20136 and move to recommend approval
of Ordinance 2057.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20136, and
move to provisionally adopt Ordinance 2057.
Report: February 10, 2021
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None.
Project Summary
Waterway protection has been a matter of regulation since the early days of the City.
Ordinance 105, adopted in 1893, first established protections for Bozeman Creek. The City
of Bozeman initially adopted regulations specifically for flood management to protect the
public health, safety, and welfare in 1975 (Ordinance 952). Since 2012, FEMA, in
conjunction with state and local partners, has been working on a new flood study for
Bozeman Creek and its tributaries. The effort has included topographic surveys, hydrologic
analyses, hydraulic modeling, peer review, public comment, and new flood insurance rate
maps, which are complete and become effective April 21, 2021. Floodplain regulations are
based on the base flood, defined as a flood event with a 1% chance of occurring in any given
year. This intensity of flooding may occur repeatedly in sequential years or have large
intervals between events. During a 30 year period, there is a 26% chance of experiencing a
base level flood.
With the new flood study in place, the City is updating its municipal regulations for
floodplain management; including components related to floodplain development,
subdivision, zoning, and environmental health. Adoption of the new regulations does not
407
Staff Report for the Flood Regulations Text Amendment 20-136 Page 3 of 20
change the boundaries of the documented flood hazard area. Failure to maintain compliant
local regulations could have substantial negative financial impacts on landowners as
federally underwritten flood insurance may become unavailable to protect against flood loss.
This proposal would entirely replace the floodplain regulations of the Bozeman Municipal
Code with new standards and procedures to meet minimum state and federal requirements.
The standards and procedures restrict certain construction and land alterations, require
issuance of permits for construction and land alterations, and set necessary administrative
procedures integrated with the City’s subdivision and zoning development review
procedures. To provide clarity and consistency across the Bozeman Municipal Code, cross
references are proposed to be added or changed, watercourse setback language is proposed to
be changed, definitions related to floodplain provisions are proposed to be revised, added,
and in some cases, removed, and an artificial obstruction within a regulated flood hazard area
that does not have a floodplain permit where one is otherwise required is declared to be a
public nuisance.
Graphics are not included in the presented ordinance. The illustrating images which are
included in the online version of the City’s development standards are not adopted by
ordinance. The images will be included in the materials available to the public after the
ordinance is codified.
If the City Commission provisionally adopts this ordinance it will be scheduled for final
action on the consent agenda on March 9
th
and will take effect on April 21, 2021 in
coordination with the updated floodplain maps.
Strategic Plan
3.1 Public Safety
Support high quality public safety programs, emergency preparedness, facilities, and
leadership.
6.1 Clean Water Supplies
Ensure adequate supplies of clean water for today and tomorrow.
6.6 Habitat
Work with partner organizations to identify at-risk, environmentally sensitive parcels that
contribute to water quality, wildlife corridors, and wildlife habitat.
7.3 Best Practices, Creativity, & Foresight
c) Improve Departmental Collaboration – Identify opportunities to improve
collaboration between City departments and create subgroups on communications,
community interactions, long-range planning, and other matters of common concern.
408
Staff Report for the Flood Regulations Text Amendment 20-136 Page 4 of 20
Zoning Commission/Planning Board
The Zoning Commission and Planning Board held a joint public hearing on February 1,
2021. After consideration of the application materials, Staff report, and public comment the
following motion to recommend approval was offered and seconded by the Zoning
Commission.
Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 20136 and move to recommend approval of Ordinance
2057.
The motion passed on a vote of 4-0. Primary issues of discussion by the Zoning Commission
were importance of the update to bring flood regulations current to new flood study, support
for the City’s work to review FEMA’s initial flood study, and support of staff findings.
After consideration of the application materials, Staff report, and public comment the
following motion to recommend approval was offered and seconded by the Planning Board.
Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 20136 and move to recommend approval of Ordinance
2057.
The motion passed on a vote of 6-0. Primary issues of discussion by the Planning Board were
compliance with the growth policy, cooperation with Gallatin County, necessity of following
FEMA/DNRC instruction, whether floodplains and watercourse setbacks address the same
issue, need for continuing education to community on consequences of new flood study and
regulations.
The video recording the public hearing is available at
https://bozeman.granicus.com/player/clip/47?view_id=1&redirect=true. Written public
comment is available at http://weblink.bozeman.net/WebLink8/0/fol/229372/Row1.aspx
Summary timeline of the public hearing, time markers are from the beginning of the
recording:
Chair opens agenda item for review at 25:15
Planning Staff presentation begins 25:50
Engineering Staff presentation begins 35:25
Questions from Zoning Commission and Planning Board 1:01
Public Comment begins (1 speaker, 1 written) 2:02
Board discussion and motions begins 2:07:20
409
Staff Report for the Flood Regulations Text Amendment 20-136 Page 5 of 20
City Commission Alternatives
1. Denial of the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary................................................................................................................. 2
Strategic Plan ...................................................................................................................... 3
Zoning Commission/Planning Board.................................................................................. 4
City Commission Alternatives............................................................................................ 5
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS....................... 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 12
Section 76-3-501, MCA (Subdivision Purposes).............................................................. 14
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 16
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 19
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 19
FISCAL EFFECTS................................................................................................................. 19
ATTACHMENTS................................................................................................................... 19
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff recommends
approval as proposed.
410
Staff Report for the Flood Regulations Text Amendment 20-136 Page 6 of 20
The Zoning Commission and Planning Board held a combined public hearing on this
amendment on February 1, 2021 at 6:00 p.m. Both advisory boards offer unanimous support
to the draft text of Ordinance 2057.
The City Commission will hold a public hearing on the text amendment on February 23,
2021 at 6:00 p.m.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria. As an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction. The burden of proof that
the application should be approved lies with the applicant.
In considering the following criteria, the analysis must show that the amendment
accomplishes zoning criteria A-D. Zoning criteria E-K must be considered and may be found
to be affirmative, neutral, or negative. A favorable decision on the proposed application must
find that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K. In addition, the application must be
evaluated against subdivision criteria 1-17. A favorable decision on the proposed application
must find that the positive outcomes of the amendment outweigh negative outcomes for
criteria 1-17.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Bozeman Community Plan 2020 (BCP 2020), Chapter 5, p. 73, in the section
titled “Review Criteria For Zoning Amendments And Their Application,” discusses how the
various criteria in §76-2-304 MCA are applied locally. Application varies depending on
whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
“In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The City must balance
many issues in approving urban development.”
The proposed amendment does not change the zoning map. Therefore, it is unnecessary to
analyze compliance with the future land use map.
The basic planning precepts on page 20 of the BCP 2020 include, “The health and well-being
of the public is an essential focus and influences and is influenced in turn by urban design
and land development.” Also, “The City intends to create a healthy, safe, resilient, and
sustainable community by incorporating a holistic approach to the design, construction, and
operation of buildings, neighborhoods, and the City as a whole.” The proposed amendments
provide for public health, safety, and welfare of the community by providing clear standards
411
Staff Report for the Flood Regulations Text Amendment 20-136 Page 7 of 20
and administrative processes for development within regulated flood hazard areas and by
providing consistent language, clear definitions, and cross references throughout the
Bozeman Municipal Code.
Theme 1, A Resilient City, states: Resilient communities rebound, positively adapt to, and
thrive amidst changing conditions or challenges and maintain quality of life, healthy growth,
durable systems and conservation of resources for present and future generations. The theme
includes several goals and objectives that apply to the proposed amendment:
Goal R-2: Pursue community decisions in a manner that supports resilience.
R-2.1 Co-Benefits: Provide solutions that address problems across multiple sectors,
creating maximum benefit.
R-2.2 High Risk and Vulnerability: Ensure that strategies directly address the reduction
of risk to human well-being, physical infrastructure, and natural systems.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been
tested and proven to work in similar local or regional contexts.
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
R-2.7 Adaptive Capacity: Include flexible and adaptable measures that consider future
unknowns of changing climate, economic, and social conditions.
R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done
to build on existing efforts.
R-2.9 Long-Term and Lasting Impact: Create long-term gains to the community with
solutions that are replicable and sustainable, creating benefit for present and future
generations.
Protecting against flooding integrates with community priorities of wetland protection,
habitat protection, water quality, efficient public utilities, public safety, and protection of
open spaces. Avoiding the injury initially by restricting development in the floodplain is most
cost effective compared with after the fact fixes to spot issues. Resilience is supported by
creating flood management capacity in the floodplains and by integrating the draft
regulations with the City’s watercourse setback requirements.
Under Theme 4, A City Influenced by Our Natural Environment, Parks, and Open Lands,
EPO-4.2 states, “Update floodplain and other regulations that protect the environment.” The
proposed changes would help to meet this objective.
Under Theme 7, A City Engaged in Regional Coordination, there are several relevant goals
and objectives that have been met through the collaborative approach to developing these
amendments.
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Goal RC-1: Improve communication and coordination with Gallatin County, the City of
Belgrade, public schools, and other regional public entities regarding community
planning and associated matters.
Goal RC-2: Continue and build on successful collaboration with Gallatin County,
neighboring municipalities, and other agencies to identify and mitigate potential hazards
and develop coordinated response plans.
RC-2.1 Prohibit development in environmentally-sensitive or hazard-prone areas.
RC-2.2 Identify effective, affordable, and regionally-appropriate hazard mitigation
techniques through the Gallatin County Hazard Mitigation and Community Wildfire
Protection Plan and other tools. As a group, annually review the Gallatin County Hazard
Mitigation Plan, and determine the need for updates and enhancements.
No conflicts with the Bozeman Community Plan 2020 text have been identified.
The City Commission has also accepted the Triangle Community Plan as a document for
coordination of land use issues between the cities of Bozeman and Belgrade, and Gallatin
County. Flood mitigation is also addressed in that document.
Section 4.11 – Water Resources
GOAL: Conserve, protect, and manage water quantity.
POLICY 4.11.1 Maintain floodplains, wetlands, and irrigation infrastructure,
which all support the recharge of shallow groundwater aquifers and maintain late
season flows.
POLICY 4.11.2 Maintain and improve existing strategies for water management
including conservation, groundwater recharge, flow and flood regulation,
filtration and irrigation, which all support human health and safety, irrigation, fish
and wildlife, and recreation.
Section 4.14 – Hazards (Flood, Fire, Natural Disasters)
GOAL: Continue efforts to inform residents about hazards and reduce impacts
associated with those hazards.
POLICY 4.14.1 Inform residents of risks and where to get information on
flooding, dam inundation, channel migration zones, wildfire, earthquake faults
and other hazards.
POLICY 4.14.2 Support efforts to update floodplain maps to better assess risk.
POLICY 4.14.3 Support continued participation in the National Flood Insurance
program by communities in the Triangle Area.
The proposed ordinance also supports and is consistent with the cited goals and policies of
the Triangle Community Plan. Collaboration in the drafting of the text between Gallatin
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County and City of Bozeman staff supports cross jurisdiction consistency of standards.
Collaboration is encouraged in both documents. Improved consistency and collaboration
better serves the public and implements both the BCP 2020 and the Triangle Community
Plan. No conflicts with the text of the Triangle Community Plan have been identified.
Page 19 of the BCP 2020 identifies other plans which integrate with the issues addressed in
the BCP 2020. These include the Climate Action Plan and the Community Housing Action
Plan.
The 2019 City of Bozeman Vulnerability Assessment and Resiliency Strategy identified
more frequent and severe flooding as one of the hazards Bozeman is likely to experience as
part of climate change. The Climate Action Plan (CAP) also identifies more frequent floods
as one of the six hazards likely to occur in Bozeman from climate change. Floodplain
management and protection from flooding supports CAP actions 3.H.2, Advance Resilience
in Development Code and Development Review, and 6.P.1, Protect Local Wetlands for
Flood Resilience and Water Quality. The amendment advances these two goals.
The City has identified housing costs as a community issue and adopted a Community
Housing Action Plan with many implementing actions. The proposed amendment does not
directly advance the identified implementing actions. However, construction of homes within
floodplains can lead to substantial additional costs for flood insurance in order to obtain
mortgage lending. Avoiding placement of building lots within floodplains avoids these costs
and also avoids later repair costs from flood damage. Although there may be some expense
involved with floodplain mapping, identifying and avoiding floodplains up front has long
term savings to the individual lot owner and the community as a whole. Therefore, the
proposed amendment advances the purpose and intent of the CHAP.
The criterion is met.
B. Secure safety from fire and other dangers.
Yes. The proposed regulations are specifically intended, designed, and include provisions to
ensure they can be carried out to manage development within regulated flood hazard areas
for the express purpose of securing safety from the dangers of flooding. Flooding can cause
both short and long term damage to property, infrastructure, and health. The most effective
means of limiting flood damage is to avoid construction within flood prone areas.
The floodplain regulations partner with watercourse protection standards in the Unified
Development Code, 38.410.100, to limit construction. When construction is unavoidable,
such as utility or street crossings, the proposed regulations provide processes and standards to
minimize impacts, lessen likelihood of damage or injury, and facilitate recovery from
flooding. Examples of standards include requiring elevation above flood levels for
construction, requiring flood proofing for drinking water wells, and analysis of impacts of
construction with limits on maximum flood height increase.
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The criterion is met.
C. Promote public health, public safety, and general welfare.
Yes. The proposed regulations provide standards and procedures that regulate development
in flood hazard areas to protect public health and safety, safeguard water quality, provide for
wildlife habitat, and provide other public purposes. The regulations seek to restrict or
prohibit uses that are dangerous to health, safety and property in times of flood, and that
cause increased flood heights and velocities. The regulations require development and uses
vulnerable to flood hazards, including public utilities and facilities, to satisfy minimum
standards at the time of initial construction or substantial improvement to minimize flood
damage. Construction within the floodplain increases likelihood of immediate damage to
structures within the floodplain and damage to downstream and adjacent landowners due to
changes in flood profiles, wash away debris, and related outcomes. Location of wells and
septic systems in floodplains can result in contaminated water.
The regulations identify lands unsuitable for certain development or uses because of flood
hazards, and distinguish between regulations applied to the regulatory floodway and those
applied to that portion of the regulated flood hazard area not contained within the floodway,
with more restrictive regulations applied to the floodway.
In addressing these concerns, the regulations strive to ensure a proper balance between the
greatest public good and the least private injury. As discussed under Criterion A, the
proposed amendments advance many established community priorities which supports the
general welfare. See also Criterion B. The criterion is met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The regulations provide submittal requirements and standards to ensure road and
pedestrian crossings are protected from the impacts of flooding to provide for adequate
transportation. The regulations require proposed development to ensure water supply and
sanitary sewer infrastructure is designed to minimize or eliminate infiltration and
contamination from flood waters. The regulations allow for open space uses such as parks to
be created and maintained in regulated flood hazard areas.
More broadly, the regulations recognize the need for watercourses or drainways to
periodically carry more than the normal flow of water, which is a requirement for the
protection of public infrastructure. Avoidance of damage from flooding enables public
systems to maintain operations even during flooding events. Avoiding damage also reduces
operational costs for public facilities and lessens expenses to the community residents. The
criterion is met.
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E. Reasonable provision of adequate light and air.
Yes. The regulations make provision for adequate light and air by limiting certain types of
development in flood hazard areas. These limitations provide open space and natural area
along watercourses and drainways. The amendment does not alter existing standards for
setbacks, dedication of parkland, or onsite open space which provide for light and air. The
criterion is met.
F. The effect on motorized and non-motorized transportation systems.
Yes. Subject to certain requirements, the regulations allow watercourse crossings for
pedestrian and transportation facilities in flood hazard areas. However, the amendments do
not modify typical development standards for parking, traffic control, or other standards
related to this criterion. Loss of bridges, culverts, or roadways due to flood damage may
result in severe impacts to the transportation system. The proposed regulations reduce the
likelihood of flood damage and protect the transportation system by ensuring facilities are
designed to accommodate flood levels and lessening the amount of flood rise by controlling
development in the floodplain. The criterion is met.
G. Promotion of compatible urban growth.
Yes. The proposed amendments provide for land uses and permitting processes that ensure
development in regulated flood hazard areas is compatible with natural conditions as those
conditions fluctuate from time to time. The regulations also provide standards for
development that will lessen impacts of flooding to structures, land, and people, and create
building and site standards that are compatible with the natural environment.
Bozeman Creek and other waterways originate in unincorporated Gallatin County and cross
into Bozeman, later returning back to unincorporated Gallatin County. The waterway and
flood flows do not recognize or care about jurisdictional boundaries. In developing the
regulations, the City of Bozeman and Gallatin County collaborated to coordinate as much
common language and processes as feasible. This enables greater service to the public,
consistency of standards and processes as areas annex to the City, and avoids conflicts with
infrastructure design. All of these steps facilitate compatibility as the community grows. The
criterion is met.
H. Character of the district.
Yes. The draft regulations do not modify the standards that are unique to individual zoning
districts. The draft regulations do not modify the zoning map. Therefore, no analysis of the
individual districts or geographical layout of the individual districts is needed.
Watercourse and floodplains are natural features and are present throughout the community
and in all zoning districts. The floodplain regulations are equally applicable in all zoning
districts. The regulations are specifically designed to address characteristics of land
surrounding watercourses and drainways within the City. Such lands flood periodicallyprovide
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important natural functions such as slowing and absorption of floodwaters, water quality
protection, and provision of wildlife habitat. The criterion is met.
I. Peculiar suitability for particular uses.
Yes. The regulations specifically address and limit the development of new buildings in areas
subject to floods with a 1% chance of occurring in any given year and land deemed to be
subject to flooding by the Floodplain Administrator. Although this may seem infrequent, it
represents a 26% chance of a base flood in any 30 year period. Subject to limitations, the
regulations allow particular, suitable uses on these lands such as agriculture, recreational
vehicle use and storage, residential lawns, gardens, and play areas, and recreational uses such
as picnic grounds, swimming areas, parks, golf courses, and others. The criterion is met.
J. Conserving the value of buildings.
Yes. The regulations contain a ‘grandfather clause’ (Sec. 38.600.090.D) that allows existing
uses, activities, and artificial obstructions that pre-date initial creation of the City floodplain
regulations and subsequent amendments, and that do not conform to the regulations, to
remain in the state and location at which they existed at the time they first became subject to
floodplain regulations. Subject to limitations and permit requirements, the regulations also
allow for the improvement and alteration of existing structures located within flood hazard
areas to conserve the value of those buildings.
Further, the regulations act to proactively conserve the value of buildings by preventing
building construction in areas where they are most likely to be damaged by flooding. New
structures are therefore more secure and functional. The criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. It can be reasonably argued the most appropriate uses of land in regulated flood hazard
areas are natural and open space uses that allow floodwaters to rise and fall with limited
impediments. The proposed amendments seek to regulate the use of flood prone lands to
allow natural flood functions to occur, while allowing for other types of development that
will have limited impacts on public health, safety, and general welfare. The criterion is met.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Yes. The proposed amendments are made in accordance with the adopted growth policy - the
Bozeman Community Plan 2020. No conflicts with the goals and objectives of the Bozeman
Community Plan have been identified. An analysis of consistency with several policy
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statements of the Community Plan and other adopted plan documents are found under Zoning
Criterion A, above. The criterion is met.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the
subdivision of land.
Yes. The proposed regulations promote the public health, safety, and general welfare by
prohibiting within the regulated flood hazard area the creation of subdivided lots intended to
be used for residential, commercial, industrial, or other building construction or lots for the
placement of structures or storage of materials. This will prevent lots being created where
new structures would be built and could reasonably be expected to incur flood damage. This
will also prevent the inhabitants of those structures from incurring loss to life or property and
prevent the transport of stored materials downstream to the detriment of others. See also
Zoning Criteria B and C. The criterion is met.
3. Prevent the overcrowding of land.
Yes. Overcrowding is the condition arising from more intensity of use than the property and
infrastructure is capable of supporting. The land regulated by the proposed amendments
consists of areas that are not suitable for typical urban development due to periodic flooding.
The regulations will prevent urban development on this land which, absent the regulations,
could become overcrowded with structures, potentially resulting in the loss of life and
property. At the same time, the regulations would allow suitable, less ‘crowded’ land uses to
occur in flood prone areas as described above. The criterion is met.
4. Lessen congestion in the streets and highways.
Neutral. The proposed amendments would not have an impact on congestion in the streets
and highways.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Yes. The regulations can be considered to provide adequate light and air by limiting certain
types of development in flood hazard areas, which will provide open space and natural areas
along watercourses and drainways. The regulations require proposed development to ensure
water supply and sanitary sewer infrastructure is designed to minimize or eliminate
infiltration and contamination from flood waters. The regulations provide standards intended
to ensure bridge crossings are protected from the impacts of flooding. This provides for
adequate transportation, ingress, and egress. The regulations also allow for open space uses
such as parks to be created and maintained in regulated flood hazard areas.
More broadly, the regulations recognize the need of watercourses and drainways to
periodically carry more than the normal flow of water. Such flow capacity is a public
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requirement as severe flooding can otherwise occur. See also Zoning Criteria D. The
criterion is met.
6. Require development in harmony with the natural environment.
Yes. The proposed amendments recognize the fact that watercourses and drainways
periodically carry more than the normal flow of water. The regulations help to identify lands
unsuitable for certain development and land uses because of flood hazards. The regulations
limit the alteration of natural floodplains, stream channels, and natural protective barriers
needed to accommodate floodwaters. The regulations allow development in 100-year
floodplains. Some development may be allowed provided certain construction practices and
other protective measures are taken to limit potential impacts to property. Allowed
development must be in harmony with the natural environment. Such development
opportunity is coordinated with other development standards including, but not limited to,
watercourse setback per 38.410.100. The criterion is met.
7. Protect the rights of property owners.
Yes. Article 2, Section 3 of the Montana Constitution recognizes that land owners have both
property rights and associated responsibilities. The proposed amendments protect the rights
of property owners by providing uniform permitting processes and standards for
development in flood prone areas, as well as by allowing certain appropriate land uses in
these areas. The regulations also provide for variances from the requirements and appeals
processes to ensure procedural due process for property owners. The regulations also require
land owners to be responsible for the impacts of possible land development on flooding
which can adversely affect others. The criterion is met.
8. Require uniform monumentation of land subdivisions and transferring interests
in real property by reference to a plat or certificate of survey.
Neutral. The proposed amendments do not address this issue.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Yes. The proposed amendments promote orderly development within the jurisdictional area
by regulating and limiting development in areas that are prone to flood hazards. When
development does occur in these areas, the regulations require construction techniques that
will make structures more resilient to flooding. The regulations also prohibit the deposition
and storage of materials for extended periods that could be washed downstream during flood
events and could result in disorder in the community. The criterion is met.
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10. Coordination of roads within subdivided land with other roads, both existing
and planned.
Neutral. The proposed amendments do not address coordination of roads within subdivided
land with other roads. See also Zoning Criterion F.
11. Dedication of land for roadways and for public utility easements.
Neutral. The proposed amendments do not directly address this issue.
12. Improvement of roads.
Yes. The proposed amendments reasonably provide for the construction and maintenance of
road crossings within flood prone areas by providing specific construction standards and
review procedures. See also Zoning Criterion F. The criterion is met.
13. Provision of adequate open spaces for travel, light, air and recreation.
Neutral. The proposed amendments will not alter the existing subdivision and zoning
regulations which require the provision of adequate open spaces; although the regulations do
provide for open space land uses in flood prone areas.
14. Adequate transportation, water and drainage.
Yes. The proposed amendments reasonably provide for adequate transportation by seeking to
provide safe road crossings in flood prone areas. The amendments provide for adequate
water by protecting water infrastructure from contamination by floodwaters. The proposed
amendments also allow for the natural, unimpeded drainage of flood waters by regulating and
limiting obstructions within flood hazard areas. See also Zoning Criteria D and F. The
criterion is met.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Yes. The proposed amendments require that sanitary sewer infrastructure is designed to
minimize or eliminate infiltration of floodwaters. The regulations also prohibit the
placement of onsite wastewater treatment systems within the regulated flood hazard area
16. Avoidance or minimization of congestion.
Neutral. The proposed amendments do not specifically address this subject.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of natural hazard or the lack of water, drainage, access, transportation, or other
public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Yes. Flooding is one of the most common natural hazards in the Gallatin Valley. As noted in
Zoning Criteria A, increased flooding is one of the likely outcomes of climate change. The
proposed amendments reasonably provide for avoidance of new subdivision lots which
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would involve unnecessary environmental degradation through removal of vegetation and
grading of terrain that helps to disperse, absorb, and slow flood waters.
The regulations will also help to avoid danger or injury to health, safety, and welfare by
regulating and limiting development in areas prone to natural flood hazards. Flooding can
result in costly damage to roads and other public infrastructure. Thus, the regulations are
likely to reduce the need for additional public services in flood prone areas and the excessive
expenditure of public funds for the supply of such services. See also Zoning Criteria A, C, D,
and F. The criterion is met.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to §76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient protest
must: (i) contain a description of the action protested sufficient to identify the action against
which the protest is lodged; and (ii) contain a statement of the protestor's qualifications
(including listing all owners of the property and the physical address), to protest the action
against which the protest is lodged, including ownership of property affected by the action.
Signers are encouraged to print their names after their signatures. A person may in writing
withdraw a previously filed protest at any time prior to final action by the City Commission.
Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box
1230, Bozeman, MT 59771-1230.
No protests have been received as of the writing of this report.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The State of Montana Department of Natural Resources and Conservation (DNRC) and the
U.S. Federal Emergency Management Agency (FEMA) oversee flood management in
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Montana. To provide flood insurance to property owners and renters, the City of Bozeman
participates in the National Flood Insurance Program (NFIP). Participation in NFIP enables
federal underwriting of flood insurance and also qualifies the City for federal disaster
recovery funding following a declared flood disaster. This reduces risk of financial loss from
flood damage for Bozeman landowners. Standard homeowners insurance does not address
flooding.
One of the requirements of participation in this program is to adopt and administer
regulations for floodplain management. The City has had such regulations since 51975.
From time to time, these regulations must be updated to meet state and federal minimum
requirements.
Since 2012, FEMA, in conjunction with state and local partners, has been working on a new
flood study for Bozeman Creek and its tributaries. The effort has included topographic
surveys, hydrologic analyses, hydraulic modeling, peer review, public comment, and
production of new flood insurance rate maps, which are complete and become effective April
21, 2021. FEMA’s map update process included formal notice and opportunity for comment.
In addition, the City conducted supplemental public outreach on multiple occasions through
the map update process. An additional notice effort will occur prior to the effective date of
the new maps. The map update process identified changes to the expected special flood
hazard area boundaries, with some properties leaving and others being added. Summary data
for the updated maps pertaining to affected buildings and properties are contained in Table 1.
Being located in the floodplain has financial impacts on mortgage costs and ability to alter or
add to buildings.
April 21, 2021 Flood Insurance Rate Maps
No. of Buildings No. of Parcels
Newly Mapped Into Special Flood Hazard Area 90 158
No Change - Remain in Special Flood Hazard Area 92 339
Mapped Out of Special Flood Hazard Area 105 79
Table 1 – Summary Data
Now the City is updating municipal regulations for floodplain management including
components related to floodplain development, subdivision, zoning, and environmental
health. Adopting or not adopting the proposed amendments does not change the map
boundaries or affect their application by FEMA/DNRC. If the City does not update its local
regulations the availability of federally underwritten flood insurance is jeopardized. If federal
underwriting is lost the effect on Bozeman landowners will be increased flood insurance
costs. FEMA is moving to a true actuarially based rate model that can represent substantial
premium increases for flood insurance. Loss of federal underwriting will compound the
impact.
This proposal replaces the floodplain regulations of the Bozeman Municipal Code with new
standards and procedures to meet state and federal requirements. The standards and
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procedures restrict certain construction and land alterations, require issuance of permits for
construction and land alterations, and set necessary administrative procedures integrated with
the City’s subdivision and zoning development review procedures. The City initially adopted
waterway standards for the protection of Bozeman Creek in 1893 (Ord. 105). Revisions were
made to the standards in 1939 (Ord. 692) and have remained unaltered since then. The
waterway standards address many of the same issues as the floodplain regulations and are
duplicative. Therefore, it is proposed to repeal two sections to consolidate regulations and
simplify the municipal code.
To provide clarity and consistency across the Bozeman Municipal Code, cross references are
proposed to be added or changed, watercourse setback language is proposed to be changed,
definitions related to floodplain provisions are proposed to be revised, added, and in some
cases, removed, and an artificial obstruction within a regulatory floodway that does not have
a floodplain permit is declared to be a public nuisance.
The floodplain update process has been lengthy. The following listing of key actions is
provided to help the reader understand the steps in the process.
- Summer 2012: DNRC begins procurement process to hire an engineer to complete the
restudy
- Spring 2014: Hydrologic Studies completed
- Summer 2014: LiDAR topographic survey and structure field survey completed
- December 2015: Draft hydraulic model and floodplain maps completed
- May 2016: City hires Allied Engineering to conduct 3rd party review of Draft hydraulic
mode and maps
- November 2016: Preliminary hydraulic model and floodplain maps completed
- November 2016: Allied Engineering begins “Refinement LOMR” of preliminary floodplain
maps for Bozeman Creek – Olive St to the East Gallatin River
- September 2018: Official 90-day comment/appeal period begins for the preliminary flood
insurance study and FIRMs
- December 2018: Official comment/appeal period closes
- January 2020: FEMA issues Refinement LOMR for Bozeman Creek – Olive St. to the East
Gallatin River
- October 2020: FEMA issues Letter of Final Determination for the new flood study and
FIRMs
- March 2020: City of Bozeman, Gallatin County, FEMA, and DNRC staff begin
collaboration on code language for the updated regulations
- April 21, 2021: Flood study and FIRMs become effective
The floodplain regulations integrate with, but do not duplicate, the adopted watercourse
protection provisions in 38.410.100. Floodplain standards and regulations apply to mapped
flood locations. Bozeman Creek and its tributaries, Bridger Creek, and the East Gallatin
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River are the areas mapped by FEMA for flooding. Bozeman is crossed by many other
watercourses. The watercourse provisions protect water quality, habitat, trail corridors,
wetlands, and unmapped flood locations. The watercourse regulations place a standard
distance for separation from the watercourse. Frequently, this distance addresses all the
issues of flooding and no further analysis or work is required. When certain encroachments
are allowed within watercourse setbacks or defined floodplains, the floodplain regulations
establish the procedures to ensure that encroachments do not raise flood levels, create safety
hazards, or raise risk to buildings.
FEMA and DRNC accept the City’s watercourse standards as a higher standard which
provides superior protection of the public interests.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission and Planning Board
public hearing, and not more than 45 days prior to the City Commission public hearing. The
City exceeded the required notice provision. Hearing dates are on the first page of this report.
One written public comment in support was received for this application. One oral comment
was received at the Zoning Commission/Planning Board public hearing.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2057
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ORDINANCE 2057
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING DIVISION 38.600. – FLOODPLAIN REGULATIONS.,
DIVISION 38.220. – APPLICATIONS AND NOTICING., SECTION 38.230.030. –
SPECIAL DEVELOPMENT PROPOSALS – ADDITIONAL APPLICATION
REQUIREMENTS., SECTION 38.410.100. - WATERCOURSE SETBACK., CHAPTER
16 – ENVIRONMENT AND HEALTH ARTICLE 2 NUISANCES, AND DIVISION
38.700. - TERMS AND INTERPRETATION TO REVISE CITY FLOODPLAIN
REGULATIONS, TO DELETE SECTION 42.02.010 – CHANNEL TO BE KEPT FREE
FROM OBSTRUCTIONS, AND SECTION 42.02.020 –NARROWING, TURNING OR
OBSTRUCTING CHANNEL PROHIBITED; EXCEPTION AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, flooding may cause loss of life, damage to property, disruption of
commerce and essential governmental services, and unsanitary conditions all of which are
detrimental to the health, safety, and welfare of city occupants; and
WHEREAS, the public interest necessitates management and regulation of flood
hazards in a manner consistent with sound land and water use management practices intended to
prevent and alleviate flood hazard threats to life and health and reduce private and public economic
losses; and
WHEREAS, Division 38.600. - Floodplain Regulations of the Bozeman Municipal
Code (BMC) establishes land use regulations to promote public health, safety, and welfare; and
WHEREAS, this Ordinance 2057 complies with the Montana Floodplain and Floodway
Management Act (Title 76, Chapter 5, Montana Code Annotated) and state regulations
implemented under authority given thereby to the State of Montana Department of Natural
Resources and Conservation (DNRC) (Chapter 36.15 Administrative Rules of Montana); and
WHEREAS, DNRC has reviewed this Ordinance 2057 and found it acceptable in
meeting the minimum standards established by the State of Montana for local floodplain
regulations; and
WHEREAS, this Ordinance 2057 complies with Title 44 Part 60.3 of the Code of
Federal Regulations promulgated by the Federal Emergency Management Agency (FEMA); and
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WHEREAS, FEMA has reviewed this Ordinance 2057 and found it adequate and
consistent with the comprehensive criteria for land management and use established in 44 CFR
60.3; and
WHEREAS, FEMA has completed a new Flood Insurance Study and produced new
Flood Insurance Rate Maps that update and replace the Flood Insurance Study of Gallatin County,
Montana, and Incorporated Areas, dated September 2, 2011 (FEMA FIS No. 30031CV000A)
inclusive of the City of Bozeman; and
WHEREAS, DNRC, pursuant to BMC Sec. 76-5-201(3) MCA, has determined the
floodplains and floodways designated by FEMA under the new Flood Insurance Study and Flood
Insurance Rate Maps are in compliance with Parts 1 through 4 of the Montana Floodplain and
Floodway Management Act; and
WHEREAS, the new Flood Insurance Study and Flood Insurance Rate Maps become
effective on April 21, 2021 (FEMA Flood Insurance Study Number 30031CV001B); and
WHEREAS, the City of Bozeman must officially adopt the new Flood Insurance Study
and Flood Insurance Rate Maps by ordinance with an effective date no later than the April 21,
2021 effective date established by FEMA in order to remain a community in good standing with
the National Flood Insurance Program; and
WHEREAS, the City of Bozeman participates in the National Flood Insurance Program
as a community in current good standing; and
WHEREAS, this Ordinance 2057 is a comprehensive update to Division 38.600. –
Floodplain Regulations that existed prior to the effective date set forth herein; and
WHEREAS, any future amendments to this Ordinance 2057 must be found adequate
and acceptable by DNRC and FEMA upon their respective reviews at least thirty (30) days prior
to the effective date of any future amendments hereto; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
Division 38.600. - Floodplain Regulations of the Bozeman Municipal Code be amended as
follows:
DIVISION 38.600. - FLOODPLAIN REGULATIONS [6]
Footnotes:
--- (6) ---
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State Law reference— Floodplain and floodway management, MCA 76-5-101 et seq.
BMC Sec. 38.600.010. - Title.
These regulations are known and may be cited as the city floodplain regulations. This
division 38.600 is in accordance with the authority of the laws of the state exercised by the city,
and other authority as may be possessed by the city.
BMC Sec. 38.600.020. - Purpose.
A. This chapter has established regulations to prohibit development within floodplains in order
to protect public health and safety, safeguard water quality, provide for wildlife habitat and
accomplish other public purposes. However, there are certain limited circumstances where
development within the floodplain either currently exists or may be permitted from time to
time to advance a public purpose. This division 38.600 provides standards which must be met
in order to promote the public health, safety and general welfare, to minimize flood losses in
areas subject to flood hazards, and to promote wise use of the floodplain when those limited
circumstances occur. This division 38.600 has been established with the following purposes:
1. To guide development of the 100-year floodplain within the city limits consistent with
the enumerated findings by:
a. Establishing zoning regulations coincident with and applicable to those areas at risk
of flooding with special requirements and regulations to protect the public welfare;
b. Recognizing the right and need of watercourses to periodically carry more than the
normal flow of water;
c. Participating in coordinated efforts of federal, state and local management activities
for 100-year floodplains;
d. Ensuring the regulations and minimum standards adopted, insofar as possible,
balance the greatest public good with the least private injury; and
e. Carrying out the provisions of this division 38.600 in a fashion consistent with the
remainder of this chapter and the public policies set forth in the city's growth policy
consistent with the authority of title 76, chapter 5, part 3 (MCA 76-5-301 et seq.).
2. Specifically, it is the purpose of this division 38.600 to:
a. Restrict or prohibit uses that are dangerous to health, safety and property in times of
flood, or that cause increased flood heights and velocities;
b. Require that uses vulnerable to floods, including public facilities, be provided with
flood protection at the time of initial construction;
c. Identify lands unsuitable for certain development purposes because of flood hazards;
d. Minimize the need for rescue and relief efforts associated with flooding undertaken
at the expense of the general public;
e. Ensure that potential buyers are notified that property is within a 100-year floodplain
and subject to the provisions of these regulations;
f. Ensure that those who occupy 100-year floodplains assume responsibility for their
actions; and
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g. Protect water quality and persons and property located downstream.
BMC Sec. 38.600.030. - Jurisdictional area.
This division 38.600 applies to all lands within the boundaries of the city, shown on the
official floodplain maps, including any amendments or revisions, as being located within a 100-
year floodplain district or that may otherwise be identified as lying within a 100-year floodplain
through additional floodplain delineation, engineering analysis, topographic survey, or other
objective and factual basis.
BMC Sec. 38.600.040. - Floodplain regulation establishment and applicability.
These floodplain regulations are hereby established and are applicable in all areas defined by
the base flood elevations and 100-year floodplains as delineated in the flood insurance study, or
other means specified in section 38.600.030. The basis for the flood insurance study is a
scientific and engineering report entitled the "Flood Insurance Study of Gallatin County,
Montana, and Incorporated Areas," dated September 2, 2011 (FEMA FIS No. 30031CV000A),
with accompanying flood insurance rate maps and flood boundary/floodway maps. The official
floodplain maps, together with the flood insurance study are on file in the office of the city
Floodplain Administrator. The floodplain regulations are hereby established in all areas subject
to flooding. Depiction on the official zoning map of the city is not required for this district.
BMC Sec. 38.600.050. - Abrogation and greater responsibility.
It is not intended by this division 38.600 to repeal, abrogate, or impair any existing
easements, covenants, deed restrictions, or underlying zoning. However, where this division
38.600 imposes greater restrictions, the provisions of this division 38.600 prevail.
BMC Sec. 38.600.060. - Floodplain Administrator.
The city Floodplain Administrator is designated in 38.200.010. The responsibilities of this
position are outlined in 38.600.130.
BMC Sec. 38.600.070. - Regulation interpretation.
The interpretation and application of the provisions of these regulations are considered
minimum requirements and liberally construed in favor of the governing body and not deemed a
limitation or repeal of any other powers granted by state statute or self-government status.
BMC Sec. 38.600.080. - Compliance with regulations.
No structure or land use may be located, extended, converted or structurally altered without
full compliance with the provisions of this chapter, these specific regulations, and other
applicable regulations. These regulations meet or exceed the minimum floodplain development
requirements as set forth by the state department of natural resources and conservation and the
National Flood Insurance Program.
BMC Sec. 38.600.090. - Flood hazard evaluation.
A. General. Land subject to being flooded by a flood of 100-year frequency as defined by title
76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.), or land deemed to be subject
to flooding by the city, may not be subdivided or developed for building or residential
purposes, or other uses that may increase or aggravate flood hazards to life, health or welfare,
or that may be prohibited by state or local floodplain or floodway regulations.
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B. Requirement for study.
1. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining
an area of 25 square miles or more; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
c. The subdivider or other developer must provide a floodplain analysis report
establishing the calculated 100-year frequency water surface elevations and 100-year
floodplain boundaries. The analysis and report must be prepared by a licensed
professional engineer qualified in this field of work.
2. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining
an area less than 25 square miles; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
c. The subdivider or other developer must:
(1) Demonstrate to the satisfaction of the city engineering department that the 100-
year peak runoff of the watercourse will not affect the subdivision; or
(2) Delineate the existing and proposed 100-year flood limits of the stream or
streams within 1,000 feet of the proposed subdivision and specify any mitigation
that may be required to protect the proposed subdivision and adjacent properties
from potential flooding and erosion damage due to any proposed changes within
the delineated flood limits.
d. The developer's professional engineer, licensed in the state, must provide written
certification to the city that the mapped flood locations and proposed mitigation must
protect against damage by the 100-year flood.
3. Submission of report. The report must be submitted at the time of preliminary plat or
plan application. The report may be submitted, upon the request of the city commission
or development review committee, to the floodplain management section, water resources
division, state department of natural resources and conservation, for review and
concurrence.
4. Contents of report. The required report must include the following information:
a. Certification. Certification of the report by a registered professional engineer.
b. Overall plan view. An overall scaled plan view (project map) with identified scale
for vertical and horizontal distance showing the following:
(1) Watercourse;
(2) Floodplain boundaries;
(3) Location of property;
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(4) Contours;
(5) Cross sections;
(6) Bridges or other constrictions in the floodplain; and
(7) USGS gauging stations (if any).
c. Benchmark. The location and elevation of a temporary benchmark established within
the subdivision and referenced to mean sea level with appropriate elevation
adjustment.
d. Cross sectional information.
(1) Cross sections must follow the applicable guidelines established by the state
department of natural resource conservation. If applicable guidelines are not
available, cross section information must be as follows:
(a) Cross section elevations and stations should be determined at points
representing significant breaks in ground slope and at changes in the
hydraulic characteristics of the floodplain (e.g., points where ground cover,
soil or rock conditions change). Elevations must be reported in NAVD88.
(b) Each cross section must cross the entire floodplain. The cross section
alignment should be perpendicular to the general flow of the watercourse,
the slope of the channel and the hydraulic characteristics of the reach. A
minimum of four cross sections are required over the entire reach with at
least two cross sections at the property where the elevations are desired.
Additional cross sections must be taken at bridges, control structures or
natural constrictions in topography.
Figure 38.600.090.
Section view of floodplain.
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(2) Photogrammetric methods may be used in lieu of cross sections whenever
appropriate and when reviewed and approved by the Floodplain Administrator.
e. Bridges. Descriptions and sketches of all bridges within the reach, showing
unobstructed waterway openings and elevations.
f. Water surface. Elevations of the water surface determined by survey as part of each
valley cross section.
g. Supporting documentation. Engineering report of computer computations,
calculations and assumptions that may include:
(1) Hydrology (research of published hydrology or calculations showing how
hydrology was derived);
(2) Input files (hard copy and on diskette or CD-ROM); and
(3) Output files (hard copy and on diskettes or CD-ROM).
C. Waiver of requirement. The Floodplain Administrator may waive this requirement where
the subdivider contacts the water resources division, state department of natural resources
and conservation, and that agency states in writing that the data indicate that the proposed
subdivision is not in the flood hazard area as defined in this division 38.600.
BMC Sec. 38.600.100. - Rules for interpretation of floodplain district boundaries.
The boundaries of the 100-year floodway must be determined by scaling distances on the
official floodplain maps and using the floodway data table contained in the flood insurance study
report. The maps may be used as a guide for determining the 100-year floodplain boundary, but
the exact location of the floodplain boundary must be determined where the base flood elevation
intersects the natural ground. The Floodplain Administrator may require an on-site survey and
staking of the floodplain boundary prior to issuance of any permit or any development
undertaken following issuance of a permit.
BMC Sec. 38.600.110. - Warning and disclaimer of liability.
This division 38.600 does not imply that areas outside the delineated floodplain boundaries
or permitted land uses will always be totally free from flooding or flood damages. These
regulations do not create a liability or cause of action against the city or any officer or employee
thereof for flood damages that may result from reliance upon these regulations.
BMC Sec. 38.600.120. - Disclosure provision.
All owners of property in an identified 100-year floodplain as indicated on the official
floodplain maps must notify potential buyers or their agents that such property is subject to the
provisions of this division 38.600.
BMC Sec. 38.600.130. - Administration of regulations.
A. As provided in section 38.200.010, the city Floodplain Administrator has been designated by
the city commission, and has the responsibility of such position as outlined in this division
38.600.
B. Section 38.410.100 has established a public policy to avoid development within floodplains,
along with certain exceptions. The administration of these regulations must be done in a
fashion consistent with both the letter and spirit of that section.
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C. The city Floodplain Administrator is appointed with the authority to review floodplain
development permit applications, proposed uses and construction to determine compliance
with these regulations. The city Floodplain Administrator is required to ensure all necessary
permits have been received from those governmental agencies from which approval is
required by federal and state law and local codes, including section 404 of the Federal Water
Pollution Control Act of 1972, 33 USC 1334, and under the provisions of the Natural
Streambed and Land Preservation Act.
1. Additional factors. Floodplain development permits will be granted or denied by the city
Floodplain Administrator on the basis of whether the proposed establishment, alteration
or substantial improvement of an artificial obstruction meets the requirements of this
division 38.600 and other requirements of this chapter. Additional factors that will be
considered for every permit application are:
a. The danger to life and property due to increased flood heights, increased floodwater
velocities or alterations in the pattern of flood flow caused by encroachments;
b. The danger that materials may be swept onto other lands or downstream to the injury
of others;
c. The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage and the
effects of such damage on the individual owner;
e. The importance of the services provided by the facility to the community;
f. The requirement of the facility for a waterfront location;
g. The availability of alternative locations not subject to flooding for the proposed use;
h. The compatibility of the proposed use with existing development and anticipated
development in the foreseeable future;
i. The relationship of the proposed use to the growth policy and floodplain management
program for the area;
j. The safety of access to property in times of flooding or for ordinary and emergency
services; and
k. Such other factors as are in harmony with the purposes of this chapter, these
regulations, the Montana Floodplain and Floodway Management Act and the
National Flood Insurance Program.
D. A floodplain development permit application is considered to have been automatically
granted 60 days must be reviewed and acted upon within 180 working days after the date of
receipt of the complete application by the city Floodplain Administrator. Unless the applicant
has been notified that the permit is denied, conditionally approved or If additional information
pertinent to the permit review process is required the time for review must stop and restart
with submittal of the additional information. A floodplain permit must not act as a waiver or
variance from the other requirements of this chapter.
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E. The city Floodplain Administrator must adopt such administrative procedures as may be
necessary to efficiently administer the provision of these regulations.
F. The city Floodplain Administrator must maintain such files and records as may be necessary
to document nonconforming uses, base flood elevations, floodproofing and elevation
certifications, fee receipts, the issuance of permits, agenda, minutes, records of public
meetings, and any other matters related to floodplain management in the city. Such files and
records must be open for public inspection. In matters of litigation, the city attorney may
restrict access to specific records.
G. The city Floodplain Administrator may require whatever additional information is necessary
to determine whether the proposed activity meets the requirements of these regulations.
Additional information may include hydraulic calculations assessing the impact on base flood
elevations or velocities, level survey or certification by a registered land surveyor,
professional engineer or licensed architect that the requirements of these regulations are
satisfied.
H. Upon receipt of an application for a permit or a variance, the city Floodplain Administrator
must prepare a notice according to the requirements of division 38.220 of this chapter.
I. Copies of all permits granted must be sent to the state department of natural resources and
conservation in Helena, Montana.
1. In riverine situations, notifications by the city Floodplain Administrator must be made
to adjacent communities, the floodplain management section (DNRC) and FEMA prior
to any alteration or relocation of a stream. The flood-carrying capacity within the
altered or relocated portion of any stream must be maintained. Erosion control measures
must be incorporated to ensure stability of altered channels and stream banks.
BMC Sec. 38.600.140. - Permit applications.
A. Activities or uses that require the issuance of a permit, including the expansion or alteration
of such uses, may not be initiated, established or undertaken until a permit has been issued by
the city Floodplain Administrator.
B. Permit applicants must be required to furnish the following information as deemed necessary
by the city Floodplain Administrator for determining the suitability of the particular site for
the proposed use:
1. Three sets of plans drawn to scale (including dimensions) showing the nature, location
and elevation of the lot; existing and proposed structure locations; fill, storage or materials
site; floodproofing measures; mean sea level elevation of first floor of proposed
structures; and location of the channel and limits of 100-year floodplain boundary;
2. A plan view of the proposed development indicating external dimensions of structures;
street or road finished grade elevations; well locations; individual sewage treatment and
disposal sites; excavation and/or fill quantity estimates; and site plan and/or construction
plans;
3. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage
of materials and location of utilities;
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4. A professional engineer's or registered architect's design calculations and certification
that the proposed activity has been designed to be in compliance with these regulations;
5. Certification of floodproofing and/or elevation must be provided on a standard form
available from the city Floodplain Administrator; and
6. Adjoining owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed floodplain permit.
C. To determine that the permit specifications and conditions have been completed, applicants
who have received permits must furnish the following at the time of an on-site conformance
inspection:
1. Certification by a registered professional engineer or licensed land surveyor of the actual
mean sea level elevation of the lowest floor (including basement) of all new, altered or
substantially improved buildings;
2. If floodproofing techniques were used for buildings, the mean sea level elevation to
which the floodproofing was accomplished must be certified by a structural engineer or
licensed architect in the same manner;
3. Certification is also required for artificial obstructions other than buildings, that the
activity was accomplished in accordance with these regulations and the design plans
submitted with the application for the permit activity. This certification may be waived
by the city Floodplain Administrator if it can be clearly ascertained by a site inspection
that the activity was accomplished in accordance with these regulations; and
4. Certification of floodproofing and/or elevation must be provided on a standard form
available from the city Floodplain Administrator.
BMC Sec. 38.600.150. - Emergency waiver.
A. Emergency repair and replacement of severely damaged public transportation facilities,
public water and sewer facilities, public utility electricity and natural gas distribution facilities,
and flood control works may be authorized. Floodplain development permit requirements may
be waived if:
1. Upon notification and prior to emergency repair and/or replacement, the city Floodplain
Administrator determines that an emergency condition exists warranting immediate
action; and
2. The city Floodplain Administrator agrees upon the nature and type of proposed
emergency repair and/or replacement.
B. Authorization to undertake emergency repair and replacement work may be given verbally
if the city Floodplain Administrator feels that such a written authorization would unduly
delay the emergency works. Such verbal authorization must be followed by a written
authorization describing the emergency condition, and the type of emergency work agreed
upon and stating that a verbal authorization had been previously given.
BMC Sec. 38.600.160. - Review; variances; appeals.
Appeals and variances from this division 38.600 may be taken as set forth in division 38.250
of this chapter. The city Floodplain Administrator must maintain records of the variance
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notification and actions, including justification for their issuance, and forward copies of all
variance actions to the state department of natural resources and conservation and the Federal
Emergency Management Agency.
BMC Sec. 38.600.170. - Floodplain development; compliance.
Any use, arrangement or construction not in compliance as authorized by permit, will be
deemed a violation of this division 38.600 and punishable as provided in division 38.200 of this
chapter. An applicant is required to submit certification by a registered professional engineer,
architect, land surveyor or other qualified person designated by the city Floodplain Administrator
that finished fill and lowest building floor elevations, floodproofing, hydraulic design or other
flood protection measures were accomplished in compliance with these regulations.
BMC Sec. 38.600.180. - Emergency preparedness; planning.
In formulating community development goals, the community must consider the
development of a plan for evacuating users of all development located within floodprone areas.
This plan should be developed, filed with, and approved by appropriate community emergency
management authorities.
BMC Sec. 38.600.190. - Applications; specific standards.
The minimum floodplain development standards listed in this division 38.600 apply to the
floodway and floodway fringe portions of the 100-year floodplain as delineated on the flood
hazard area maps or other flood hazard areas as may be determined by section 38.600.040.
BMC Sec. 38.600.200. - Floodway—Uses allowed without floodplain permits.
A. When a site specific exemption or relaxation of the standards of section 38.410.100 allow
utilization of a portion of the floodplain, the following uses are allowed without a permit
within the floodway, provided that such uses conform to the provisions of sections 38.600.350
through 38.600.390; are not prohibited by any other ordinance, resolution or statute; and do
not require fill, excavation, permanent storage of materials, or equipment or structures other
than portable structures:
1. Agricultural uses;
2. Accessory uses such as loading and parking areas associated with industrial and
commercial facilities;
3. Private and public recreational uses such as golf courses, driving ranges, archery ranges,
picnic grounds, boat-launching ramps, parks, wildlife management and natural areas, fish
hatcheries, fishing areas, and hiking or horseback riding trails;
4. Residential uses such as lawns, gardens, parking areas and play areas;
5. Irrigation and livestock supply wells, provided that they are located at least 500 feet from
domestic water supply wells; and
6. Fences, except permanent fences crossing channels.
BMC Sec. 38.600.210. - Floodway—Uses requiring floodplain permits.
A. When a site specific exemption or relaxation of the standards of section 38.410.100 allow
utilization of a portion of the floodplain, the following artificial obstructions may be permitted
in the floodway subject to the issuance of a permit by the city Floodplain Administrator:
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1. Excavation of material from pits and pools provided that:
a. A buffer strip of undisturbed land is left between the edge of the channel and the
edge of the excavation. This buffer strip must be of sufficient width to prevent flood
flows from channeling into the excavation;
b. The excavation meets all applicable laws and regulations of other local and state
agencies; and
c. Excavated material is disposed of or stockpiled outside the floodway;
2. Railroad, highway and street stream crossings provided the crossings are designed to
offer minimal obstruction to flood flow. Stream crossings may not increase the elevation
of the 100-year flood more than one-half foot nor cause a significant increase in flood
velocities;
3. Limited filling for highway, street and railroad embankments not associated with stream
crossings, provided that:
a. Reasonable alternate transportation routes outside the designated floodway are not
available; and
b. Such floodway encroachment is located as far from the stream channel as possible
and may not result in a cumulative increase in base flood elevations, after allowable
encroachments into the floodway fringe, exceeding one-half foot;
4. Buried or suspended utility transmission lines, provided that:
a. Suspended utility transmission lines are designed so the lowest point of the
suspended line is at least six feet higher than the base flood elevation;
b. Towers and other appurtenant structures are designed and placed to withstand and
minimally obstruct flood flows; and
c. Utility transmission lines carrying toxic or flammable materials are buried to a depth
of at least twice the calculated maximum depth of scour for a 100-year flood. The
maximum depth of scour must be determined by hydraulic engineering methods
acceptable to the city Floodplain Administrator;
5. Storage of materials and equipment, provided that:
a. The material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement; or
b. The material or equipment is readily movable within the limited time available after
flood warning. Storage of flammable, toxic, hazardous or explosive materials is
prohibited;
6. Domestic water supply wells, provided that:
a. They are driven or drilled wells located on ground higher than the surrounding
ground to ensure positive drainage from the well;
b. Well casings are watertight to a distance of at least 25 feet below the ground surface;
c. Water supply and electrical lines have a watertight seal where the lines enter the
casing;
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d. All pumps, electrical lines and equipment are either submersible or adequately
floodproofed; and
e. Check valves are installed on main water lines at wells and at all building entry
locations;
7. Substantial improvements to any structure provided that the provisions of subsections C,
D or E of section 38.600.260 are met. In the floodway, the structure must be floodproofed
or elevated on a permanent foundation rather than on fill; and
8. All other artificial obstructions, substantial improvements or nonconforming uses not
specifically listed or prohibited by these regulations.
BMC Sec. 38.600.220. - Same—Permits for flood control works.
A. It is desired that flood control be primarily accomplished by on-site stormwater management,
protection of bank stabilizing vegetation, preserving an unobstructed floodplain and keeping
development away from areas prone to flooding. In the event that adequate flood control
cannot be achieved by these methods, flood control works are allowed within floodways
subject to the issuance of a permit by the city Floodplain Administrator with the following
conditions:
1. Levees and floodwalls are permitted if:
a. The proposed levee or floodwall is designed and construed to safely convey a 100-
year flood; and
b. The cumulative effect of the levee or floodwall combined with allowable floodway
fringe encroachments does not increase the unobstructed base flood elevation more
than one-half foot. The city Floodplain Administrator may establish either a lower or
higher permissible increase in the base flood elevation for individual levee projects
only with concurrence from the state department of natural resources and
conservation and the Federal Emergency Management Agency based upon
consideration of the following criteria:
(1) The estimated cumulative effect of any anticipated future permissible uses; and
(2) The type and amount of existing floodprone development in the affected area;
c. The proposed levee or floodwall, except those to protect agricultural land, is
constructed at least three feet higher than the base flood elevation;
2. Bank stabilization methods provided that:
a. When selecting a bank stabilization method, best management practices consistent
with the intent of this chapter must be used;
b. The bank stabilization method is designed to withstand a 100-year flood;
c. The bank stabilization method does not increase the base flood elevation; and
d. The bank stabilization method will not increase erosion upstream, downstream or
adjacent to the stabilization site;
3. Channelization projects if they do not significantly increase the magnitude, velocity or
base flood elevation in the proximity of the project;
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4. Dams provided that:
a. They are designed and constructed in accordance with the Montana Dam Safety Act
and applicable safety standards; and
b. They will not increase flood hazards downstream, either through operational
procedures or improper hydraulic design.
BMC Sec. 38.600.230. - Same—Permits for water diversions.
A. Permits for the establishment of a water diversion or change in place of diversion will not be
issued if, in the judgment of the city Floodplain Administrator:
1. The proposed diversion will significantly increase the upstream base flood elevation to
the detriment of neighboring property;
2. The proposed diversion is not designed and constructed to minimize potential erosion
from a 100-year flood; and
3. Any permanent diversion structure crossing the full width of the stream channel is not
designed and constructed to safely withstand a 100-year flood.
BMC Sec. 38.600.240. - Same—Prohibited uses.
A. The following artificial obstructions and nonconforming uses are prohibited within the
floodway:
1. New construction of any residential, commercial or industrial structure including
manufactured homes;
2. Encroachments including fill, new construction, alterations, substantial improvements
and other development within the adopted regulatory floodway that would result in
erosion of the embankment, obstruction of the natural flow of waters or increase in flood
levels within the community during the occurrence of the 100-year flood;
3. The construction or permanent storage of an object subject to floatation or movement
during flooding;
4. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems;
5. Storage of toxic, flammable, hazardous or explosive materials; and
6. Alterations of structures unless it can be shown the alteration will not raise flood heights.
BMC Sec. 38.600.250. - Floodway fringe—Uses allowed without permits.
All uses allowed in the floodway, according to the provisions of section 38.600.200 of these
regulations, are also allowed without a permit in the floodway fringe.
BMC Sec. 38.600.260. - Same—Uses requiring permits.
A. When a site specific exemption or relaxation of the standards of section 38.410.100 allows
utilization of a portion of the floodplain, the uses allowed in the floodway subject to the
issuance of a permit, according to the provisions of sections 38.600.210 through 38.600.230,
must also be allowed by permit within the floodway fringe. In addition, new construction,
substantial improvements and alterations to structures are allowed by permit. This includes
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but is not limited to residential, commercial and industrial construction and suitable fill to be
allowed by permit from the city Floodplain Administrator, subject to the following conditions:
1. Such structures or fill must not be prohibited by any other statute, regulation, ordinance
or resolution;
2. Such structures or fill must be compatible with local growth policies;
3. The new construction, alterations and substantial improvements of residential structures
including manufactured homes must be constructed on suitable fill such so that the lowest
floor elevation (including basement) is two feet or more above the base flood elevation.
Any approved suitable fill must be at an elevation no lower than the base flood elevation
and must extend for at least 15 feet, at that elevation, beyond the structure in all directions;
4. The new construction, alteration and substantial improvement of commercial and
industrial structures can be constructed on suitable fill as specified in subsection C of this
section. If not constructed on fill, commercial and industrial structures must be adequately
floodproofed to an elevation no lower than two feet above the base flood elevation.
Floodproofing must be certified by a registered professional engineer or architect that the
floodproofing methods are adequate to withstand the flood depths, hydrodynamic and
hydrostatic pressures, velocities, impact, buoyancy and uplift forces associated with the
100-year flood;
a. If the structure is designed to allow internal flooding of areas below the lowest floor,
use of this space must be limited to parking, loading areas, building access and
storage of equipment or materials not appreciably affected by floodwaters. The floors
and wall must be designed and constructed of materials resistant to flooding to an
elevation no lower than two feet above the base flood elevation. Walls must be
designed to automatically equalize hydrostatic forces by allowing for entry and exit
of floodwaters. Openings may be equipped with screens, louvers, valves, other
coverings or devices which permit the automatic entry and exit of floodwaters;
b. Structures whose lowest floors are used for a purpose other than parking, loading or
storage of materials resistant to flooding must be floodproofed to an elevation no
lower than two feet above the base flood elevation. Floodproofing must include
impermeable membranes or materials for floors and walls and watertight enclosures
for all windows, doors and other openings. These structures must also be designed
to withstand the hydrostatic, hydrodynamic and buoyancy effects of a 100-year
flood; and
c. Floodproofing of electrical, heating and plumbing systems must comply with
sections 38.600.350 through 38.600.390;
5. All manufactured homes placed in the floodway fringe must have the chassis securely
anchored to a foundation system that will resist floatation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, over-the-top or frame ties to
ground anchors. The following conditions also apply:
a. When a manufactured home is altered, replaced because of substantial damage as a
result of a flood, or replaced on an individual site, the lowest floor must be elevated
two feet above the base flood elevation. The home can be elevated on fill or raised
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on a permanent foundation of reinforced concrete, reinforced mortared block,
reinforced piers or other foundation elements of at least equivalent strength; and
b. Replacement or substantial improvement of manufactured homes in an existing
manufactured home community or subdivision must be raised on a permanent
foundation. The lowest floor must be at least 36 inches above the ground or raised
two feet above the base flood elevation, whichever is less. The foundation must
consist of reinforced concrete, reinforced mortared block, reinforced piers or other
foundation elements of at least equivalent strength;
c. Manufactured homes proposed for use as commercial or industrial structures must
be elevated and anchored, rather than floodproofed;
6. Fill material placed in the floodway fringe must be stable, compacted, well graded,
pervious, generally unaffected by water and frost, devoid of trash or similar foreign
matter, devoid of tree stumps or other organic material, and appropriate for the purpose
of supporting the intended use and/or permanent structure;
7. Roads, streets, highways and rail lines must be designed to minimize increase in flood
heights. Where failure or interruption of transportation facilities would result in danger
to the public health or safety, the facility must be located two feet above the base flood
elevation; and
8. Agricultural structures that have a low damage potential, such as sheds, barns, shelters,
and hay or grain storage structures must be adequately anchored to prevent floatation or
collapse and all electrical facilities must be placed above the base flood elevation;
a. Recreational vehicles, if they are on the site for more than 180 consecutive days or
are not ready for highway use, must meet the elevating requirements of subsection C
of this section.
BMC Sec. 38.600.270. - Floodplain—Prohibited uses.
A. The following artificial obstructions and nonconforming uses are prohibited within the
floodway fringe:
1. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of
petroleum products may be allowed by permit if stored on compacted fill at least two feet
above the base flood elevation and anchored to a permanent foundation to prevent
downstream movement.
BMC Sec. 38.600.280. - Same—Areas with flood elevations and no delineated floodway.
A. A development proposed for a 100-year floodplain, where water surface elevations are
available but no floodway is delineated, may not significantly increase flood velocities or
depths or generally alter patterns of flood flow. The provisions of sections 38.600.250 through
38.600.270 apply to these areas. The city Floodplain Administrator may require a permit
applicant to furnish additional hydraulic data before acting on a permit application for such a
floodplain. The data may include, but are not limited to, any of the following:
1. A hydraulic study documenting probable effect on upstream, downstream or adjacent
property owners' caused by the proposed development; or
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2. The calculated increase in the 100-year floodwater surface profile caused by the proposed
development.
B. Permits for such proposed development may be modified or denied if the additional
information shows that the proposed use would cause an additional flood hazard to adjacent
property or significantly increase flood heights. A significant increase in flood height is one-
half foot unless existing or anticipated development in the area dictates a lesser amount of
allowable increase. BMC Sec. 38.600.290. - Shallow flooding (AO zones).
A. Shallow flooding areas are delineated as AO zone floodplains on the flood insurance rate
maps. The provisions of section 38.600.260 apply to any AO zone floodplains. The depth of
the 100-year flood is indicated as the depth number on the flood insurance rate maps. The
100-year flood depth must be referenced to the highest adjacent grade or stream flow line in
determining which fill or floodproofing heights to use in applying the provisions of
subsections C and D of section 38.600.260. In the absence of depth or elevation information,
a minimum two-foot flood depth must be used.
B. Floodplain boundary interpretation. The city Floodplain Administrator must make
interpretations where needed as to the exact location of an AO zone floodplain boundary
when there is a conflict between a mapped boundary and actual field conditions.
BMC Sec. 38.600.300. - Applicability to unnumbered A zones.
The minimum floodplain development standards listed in this section apply to the 100-year
floodplains delineated by approximate methods and identified as unnumbered A zones on the
flood insurance rate maps.
BMC Sec. 38.600.310. - A zones—Uses allowed without permits.
All uses allowed in a floodway, according to the provisions of section 38.600.210, are also
allowed without a permit in unnumbered A zone floodplains.
BMC Sec. 38.600.320. - Same—Uses requiring permits.
A. All uses allowed in the floodway and floodway fringe subject to the issuance of a permit
according to the provisions of section 38.600.260, require permits from the city Floodplain
Administrator for unnumbered A zone floodplains. Also, the provisions of section 38.600.260
apply to the A zone floodplains with no floodway delineated or water surface profile
computed. Since there are no 100-year floodwater surface profiles computed for A zone
floodplains, the following conditions also apply:
1. Elevation data on the 100-year flood must be provided for subdivision proposals
according to the definitions and rules of the Montana Sanitation in Subdivisions Act, title
76, chapter 4, part 1, Montana Code Annotated (MCA 76-4-101 et seq.) and the rules
adopted by Department of Environmental Quality under this Act. These data must be used
in applying subsections C, D and E of section 38.600.270. Subdivision proposals must
also provide for adequate drainage to minimize potential flood hazards;
2. The city Floodplain Administrator may obtain, review and reasonably use any base flood
elevation and floodway data available from federal, state or other sources, until such data
have been provided by FEMA, to enforce subsections C and D of section 38.600.270;
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3. The city Floodplain Administrator may use historical flood elevations to determine
suitable fill or floodproofing elevations as required by subsections C and D of section
38.600.270;
4. If historical flood evidence is not available, then the city Floodplain Administrator must
determine, from a field review at the proposed development site, an appropriate fill or
floodproofing elevation to use in applying subsections C and D of section 38.600.270. In
the absence of depth or elevation information, a minimum two foot flood depth must be
used; and
5. Proposed structures must be anchored to prevent floatation or collapse and must be
located as far from stream channels as practicable.
BMC Sec. 38.600.330. - Same—Prohibited uses.
Those uses prohibited in the floodway fringe, in accordance with section 38.600.270, are
also prohibited within the A zone floodplain boundaries.
BMC Sec. 38.600.340. - Same—Floodplain boundary interpretation.
The city Floodplain Administrator must make interpretations where needed as to the exact
location of the unnumbered A zone floodplain boundary when there is a conflict between a
mapped boundary and actual field conditions.
BMC Sec. 38.600.350. - Floodproofing requirements—Certification.
If the following floodproofing requirements are to be applied to a proposed structure, as
stipulated by the city Floodplain Administrator in accordance with these regulations, the methods
used must be certified as adequate by a registered professional engineer or architect.
BMC Sec. 38.600.360. - Same—Conformance.
Permitted floodproof systems must conform to the conditions listed in sections 38.600.370
through 38.600.390 and the floodproofing standards listed in subsection D of section 38.600.260
for commercial and industrial structures.
BMC Sec. 38.600.370. - Same—Electrical systems.
A. All incoming power service equipment, including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment must be
located at least two feet above the base flood elevation;
B. Portable or movable electrical equipment may be placed below the base flood elevation, if
the equipment can be disconnected by a single submersible plug-and-socket assembly;
C. The main power service line must have automatic or manually operated electrical disconnect
equipment located at an accessible location outside the 100-year floodplain and above the base
flood elevation; and
D. All electrical wiring systems installed at or below the elevation of the 100-year flood must
be suitable for continuous submergence and may not contain fibrous components.
BMC Sec. 38.600.380. - Same—Heating systems.
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A. Float operated automatic control valves must be installed in gas furnace supply lines so that
the fuel supply is automatically shut off when floodwaters reach the floor level where the
furnace is located;
B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be
operable from a location above the elevation of the 100-year flood; and
C. Electric heating systems must be installed in accordance with the provisions of
International Building Code and any other applicable regulations.
BMC Sec. 38.600.390. - Same—Plumbing systems.
A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed
to prevent sewage backup into permitted structures; and
B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible
water entry is at least two feet above the elevation of the 100-year flood.
BMC Sec. 38.600.400. - Violation—Notice.
The city Floodplain Administrator must bring any violation of this division 38.600 to the
attention of the local governing body, its legal counsel and the state department of natural
resources and conservation.
BMC Sec. 38.600.410. - Same—Penalty.
Violation of the provisions of this division 38.600 or failure to comply with any of the
requirements, including permit approval prior to development of floodprone lands, and
conditions and safeguards established are subject to the provisions of division 38.200 of this
chapter.
DIVISION 38.600. – FLOODPLAIN REGULATIONS
Citation.
This division 38.600 is known and may be cited as the city floodplain regulations,
except when cited herein, where it is referred to as “this division”.
Authority.
This division is adopted by authority of Montana Code Annotated (MCA) §§ 76-5-101
et seq.
Findings.
Flooding may cause loss of life, damage to property, disruption of commerce and
essential governmental services, and unsanitary conditions all of which are detrimental
to the health, safety, and welfare of city occupants.
The public interest necessitates management and regulation of flood hazards in a
manner consistent with sound land and water use management practices intended to
prevent and alleviate threats to life and health and reduce private and public economic
losses.
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Control, mitigation, and avoidance of flood hazards interacts with other provisions of
public policy that promote public purposes, such as providing water quality and storm
water control; therefore, regulations addressing flood hazards must be correlated with
other water related regulations.
As stated in Bozeman Municipal Code (BMC) Sections 38.100.050 and 38.100.070,
these regulations are minimum requirements and upon review, the review authority may
determine that the public interest will be best served when such minimum standards are
exceeded. The review authority may impose conditions of approval when such are
found necessary.
Purpose.
This division establishes regulations for development within regulated flood hazard
areas in order to protect public health and safety, safeguard water quality, provide for
wildlife habitat and accomplish other public purposes. There are circumstances where
development within the floodplain either currently exists or may be permitted from time
to time to advance a public purpose. This division provides standards which shall be
met in order to promote the public health, safety and general welfare, to minimize flood
losses in areas subject to flood hazards, and to promote wise use of the floodplain. This
division has been established with the following purposes:
Generally, it is the purpose of this division to guide development of regulated flood
hazards areas within city limits consistent with the enumerated findings of this
division by:
Establishing zoning and subdivision regulations coincident with and applicable
to regulated flood hazard areas with special requirements and regulations to
protect the public health, safety, and welfare;
Recognizing the right and need of watercourses or drainways to periodically
carry more than the normal flow of water;
Participating in coordinated efforts of federal, state and local management
activities for 100-year floodplains;
Striving to ensure the regulations and minimum standards reasonably balance
the greatest public good with the least private injury;
Carrying out the provisions of this division in a fashion consistent with the
remainder of this chapter and the public policies set forth in the city's growth
policy;
Minimizing the need for rescue and relief efforts associated with flooding
undertaken at the expense of the general public;
Complying with minimum standards necessary for continued participation in
the National Flood Insurance Program as a community in good standing; and
Coordinating regulations addressing flood hazards with other regulations
adopted by the city and regulatory requirements imposed on the city by state
and federal agencies.
Specifically, it is the purpose of this division to:
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Restrict or prohibit uses that are dangerous to health, safety and property in
times of flood, or that cause increased flood heights and velocities;
Require that developments and uses vulnerable to flood hazards, including
public utilities and facilities, satisfy minimum standards of this division at the
time of initial construction or substantial improvement to minimize flood
damage;
Identify lands unsuitable for certain development or uses because of flood
hazards;
Distinguish between regulations applied to the regulatory floodway and those
applied to that portion of the regulated flood hazard area not contained within
the regulatory floodway;
Apply more restrictive regulations within the regulatory floodway;
Ensure that those who develop or use land within a regulated flood hazard area
do not increase flood hazards to others and to the surrounding area;
Regulate the alteration of natural floodplains, stream channels, and natural
protective barriers that are needed to accommodate floodwaters; and
Regulate filling, grading, dredging and other development that may increase
flood hazards.
Land use restrictions.
Land subject to being flooded by a flood of 100-year frequency as defined by MCA 76-
5-101 et seq., or land deemed to be subject to flooding by the Floodplain Administrator,
may not be subdivided or developed for new buildings or any new uses that may
increase or aggravate flood hazards to public health, safety, and welfare or damage
property. Lands within a floodplain area are also subject to the restrictions of BMC
Sec. 38.410.100 – Watercourse setback.
Disclosure provision.
All owners of property containing a regulated flood hazard area set forth in BMC Sec.
38.600.110 shall notify potential buyers or their agents that such property is subject to
the provisions of this division.
Abrogation and greater responsibility.
It is not intended by this division to repeal, abrogate, or impair any existing easements,
covenants, deed restrictions, or underlying zoning. However, where this division
imposes greater restrictions, the provisions of this division shall prevail.
Regulation interpretation.
The interpretation and application of the provisions of this division are intended to be
minimum requirements and not deemed a limitation or repeal of any other powers
granted by state statute or self-government status.
Compliance with regulations.
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Compliance with this division shall be demonstrated in full prior to approval by the
review authority of any development occurring under this chapter 38 or chapter 10.
Compliance with this division shall also be provided in full prior to establishing,
expanding, or altering an artificial obstruction within a regulated flood hazard area.
Compliance with this division occurs by issuance of a floodplain permit by the
Floodplain Administrator unless the use, activity, or artificial obstruction is exempt
from the requirement to obtain a floodplain permit.
The issuance of a floodplain permit is independent of, and is in addition to, any other
type of approval required by any other statute or ordinance of the state or any political
subdivision or the United States.
Existing uses, activities and artificial obstructions that were lawful prior to the initial
creation of city floodplain regulations on March 19, 1975, or any repeal and
replacement or amendment thereto, that do not conform to this division are allowed to
remain in the state and location at which they existed at the time they first became
subjected to floodplain regulations without need for a floodplain permit.
Except as provided in subsection D of this section, an artificial obstruction within a
regulated flood hazard area that has not been issued a floodplain permit when one is
required is a public nuisance and subject to chapter 16, article 2.
Floodplain Administrator.
The Floodplain Administrator has been designated by the city commission to be the city
engineer, who may delegate Floodplain Administrator duties to a member of the city
engineering division staff, and has the responsibility and authority of such position as
contained in this division.
Regulated flood hazard areas.
This division applies to all lands within the boundaries of the city that are:
Located within designated special flood hazard areas established by the official
“FEMA Flood Insurance Study of Gallatin County, Montana, and Incorporated
Areas (Flood Insurance Study Number 30031CV001B)” and FEMA Flood
Insurance Rate Maps dated April 21, 2021.; and, subject to BMC Sec.
38.600.120.A, any alterations made thereto by letters of map change issued by
FEMA expressly listed in the administrative procedures authorized by BMC Sec.
38.600.160.G.
Otherwise established by DNRC pursuant to MCA 76-5-101 et seq. to be located
within designated floodplains and floodways by a DNRC flood study that is
expressly listed in the administrative procedures authorized by BMC Sec.
38.600.160.G.
Identified as containing flood hazards determined by a flood hazard evaluation
performed in accordance with BMC Sec. 38.600.150.
Independently determined by the Floodplain Administrator through engineering
analysis, or other objective and factual basis, as being subject to flood hazards.
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Alterations to regulated flood hazard areas.
Any alterations to a regulatory floodway shall be designed and delineated to carry the
waters of the base flood without increasing the base flood elevation more than 0.50 feet
at any point.
Substantial natural physical alterations to a flooding source, or new technical or
scientific flood data showing that the base flood elevation or regulatory floodway has
been altered or was erroneously established, must be brought to the attention of FEMA
and DNRC by the Floodplain Administrator when such alteration or error is identified
for a regulated flood hazard area set forth in BMC Sec 38.600.110.A.1.
The official alteration of the base flood elevation or regulatory floodway for a regulated
flood hazard area set forth in BMC 38.600.110.A.1 occurs by a letter of map revision
issued by FEMA. An application for a letter of map revision must be supported by
DNRC and the Floodplain Administrator prior to its submittal to FEMA.
Interpretation of regulated flood hazard area boundaries.
Georeferenced Boundaries. Except where not available, the regulated flood hazard area
boundaries in BMC Sec. 38.600.110 shall be determined by using the official
geographic information system georeferenced boundary data provided by FEMA,
DNRC, or the Floodplain Administrator.
Delineated Boundaries. The exact location of the regulated flood hazard area boundary
shall be delineated where the base flood elevation intersects natural ground. Except as
provided in subsection B.1 of this section, the boundaries of the regulatory floodway
shall be determined from the official flood insurance rate maps and floodway data
tables in the flood insurance study.
The regulatory floodways for the East Gallatin River, Bridger Creek between the
confluence with the East Gallatin River and Story Mill Road, and Bozeman Creek
and its tributaries shall be the georeferenced boundary in subsection A of this
section.
Surveyed Boundaries. The Floodplain Administrator may at its discretion require an on-
site survey and staking of the regulated flood hazard area boundary:
Prior to issuance of any floodplain permit;
For any use, activity, or artificial obstruction under an approved floodplain permit
that is not completed; or
For any use, activity, or artificial obstruction that appears upon reasonable
suspicion and inquiry to be located within the regulated flood hazard area without a
floodplain permit.
A property owner who believes their property has been inadvertently included in a
regulated flood hazard area set forth in BMC Sec. 38.600.110.A.1 may submit scientific
and/or technical information to FEMA in the form of an application for a letter of map
change, which if approved by FEMA may modify the flood insurance rating of a
property. A letter of map change approved by FEMA does not impair or abrogate the
authority of the Floodplain Administrator from independently determining if a property
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is subject to flood hazards pursuant to BMC Sec. 38.600.110.A.4 and the provisions of
this division.
Warning and disclaimer of liability.
This division does not imply that areas located outside of regulated flood hazard areas,
or permitted land uses, will always be totally free from flood hazards or flood damages.
This division does not create a liability or cause of action against the City of Bozeman
or any officer or employee thereof for flood damages that may result from reliance upon
this division.
Flood hazard evaluation.
Except as provided in subsection A.2 of this section, if any portion of a proposed
development contains a watercourse or drainway draining an area of 25 square miles or
more, and regulated flood hazard areas under BMC Sec. 38.600.110 have not been
designated or identified, then the development applicant shall complete a detailed flood
study to delineate the 100-year floodplain and floodway of the watercourse or drainway
in accordance with applicable regulations, standards, and technical guidance provided
by DNRC under its state program for delineation of floodplains and floodways
authorized by MCA 76-5-201.
The detailed flood study shall be prepared and certified by a professional engineer.
The requirement to conduct a detailed flood study may be waived by the Floodplain
Administrator if the development applicant provides written communication from
DNRC stating that DNRC is unwilling or unable to provide technical assistance in
the production of a detailed flood study meeting the applicable regulations and
standards DNRC may have for this purpose.
If the detailed flood study is waived by the Floodplain Administrator, the
development applicant shall prepare a flood hazard evaluation report in
conformance with subsection C of this section, which shall be provided with a
preliminary plat or site plan application.
If any portion of a proposed development contains a watercourse or drainway draining
an area less than 25 square miles, and regulated flood hazard areas under BMC Sec.
38.600.110 have not been designated or identified, then, except as provided in
subsection B.1 of this section, the development applicant shall prepare a flood hazard
evaluation report in conformance with subsection C of this section, which shall be
provided with a preliminary plat or site plan application.
The requirement to provide a flood hazard evaluation report may be waived by the
Floodplain Administrator if the development applicant demonstrates to the
satisfaction of the Floodplain Administrator that the base flood discharge of the
watercourse will not adversely affect the land proposed for development at the time
of concept site plan or subdivision pre-application plan.
Contents of the flood hazard evaluation report shall include the following information at
a minimum:
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Certification by a professional engineer that the flood hazard evaluation report is
prepared in accordance with this section;
Description of any mitigation required to protect the proposed development and
adjacent lands from 100-year flood hazards;
Scaled plan view exhibit(s) showing the following: watercourses and drainways,
property boundaries, existing topographic contours, proposed grading and drainage
contours, existing (pre-project) 100-year floodplain boundary, proposed (post-
project) 100-year floodplain boundary, and proposed project improvements.
Exhibit(s) shall be neat and orderly and contain a linetype legend, north arrow, and
drawing scale;
Hydrologic analysis performed in accordance with standard engineering practices
containing at a minimum: exhibit(s) depicting delineation of overall contributing
drainage basin and individual sub-basins, determination of base flood discharge,
narrative describing the basin delineation approach and hydrologic method(s) used
in discharge determination, and any supporting digital files and outputs produced
for the hydrologic analysis;
Hydraulic analysis performed in accordance with standard engineering practices
containing at a minimum: hydraulic modeling of the base flood discharge for
existing conditions (pre-project) and proposed conditions (post-project), scaled plan
view exhibit(s) depicting modeled cross sections, narrative describing hydraulic
model development and data sources used for critical inputs, description of existing
and proposed hydraulic structures, model outputs of water surface elevation in both
profile and cross section view, and digital model files; and
The report shall be formatted as a PDF document and include all digital supporting
files.
The Floodplain Administrator must review and approve all studies and reports required
under this section and may require additional information from the applicant prior to
approval.
Administration of regulations.
BMC Sections 38.410.100 and 38.600.050 establish a public policy to avoid new
development within floodplains, along with certain exceptions. The administration of
this division must be done in a fashion consistent with the letter and spirit of both these
sections.
The Floodplain Administrator has the authority to review floodplain permit applications
for proposed activities, uses, or artificial obstructions within regulated flood hazard
areas to determine compliance with this division.
The Floodplain Administrator may obtain, review and reasonably use any base flood
elevation and floodway data available from federal, state, or other sources.
At any time after a floodplain permit application has been filed, or a floodplain permit
has been issued and permitted work has not been completed, the Floodplain
Administrator may perform an onsite inspection of the subject property during regular
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work hours without advance notice given to the applicant pursuant to BMC Sec.
38.200.050.
Unless specifically exempt from requirements to obtain a permit, a floodplain permit
must be obtained from the Floodplain Administrator prior to establishing, altering or
performing substantial improvements to a use, activity, or artificial obstruction within
the regulated flood hazard area.
Prior to the issuance of a floodplain permit, the Floodplain Administrator must ensure
all necessary permits have been received from those governmental agencies from which
approval is required by federal and state law and local codes, including but not limited
to: section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334;
Endangered Species Act, 16 USC 1531 et seq.; and the Montana Natural Streambed and
Land Preservation Act, MCA 75-7-101 et seq.
The Floodplain Administrator may adopt administrative procedures necessary to
administer the provisions of this division.
The Floodplain Administrator is responsible for ensuring National Flood Insurance
Program prerequisites for the sale of flood insurance pursuant to 44 CFR 59.22(a) are
maintained.
In the event of a disaster declaration affecting properties in the FEMA special flood
hazard area, and as part of the disaster recovery effort, the Floodplain Administrator
upon completion of a cursory street level structure condition survey, must notify
property owners that a floodplain permit is required prior to commencement of any
alteration or substantial improvements to buildings and structures damaged, or
substantially damaged, by the declared disaster.
The Floodplain Administrator may, at its discretion, represent the city for any
applications, approvals, or endorsements to FEMA affecting a special flood hazard area.
The Floodplain Administrator may require an applicant to provide additional
information necessary to make an informed determination as to whether a proposed or
existing use, activity, or artificial obstruction within the regulated flood hazard area
meets the requirements of this division. Additional information may include but is not
limited to hydraulic modeling; boundary delineations of the regulated flood hazard area
in accordance with BMC Sec. 38.600.130; and certification by a registered land
surveyor or professional engineer or licensed architect within their areas of professional
expertise that the requirements of this division are satisfied.
The Floodplain Administrator may initiate enforcement actions authorized by this
division if additional information required is not provided.
The Floodplain Administrator must maintain public records pertaining to the
administration of this division, including items such as floodplain permit applications,
issued floodplain permits, FEMA elevation and floodproofing certificates, compliance
certifications, fee receipts, and other relevant documentation.
Subdivision and plan review and approval.
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Any proposed development occurring under division 38.230 or division 38.240 of lands
containing a regulated flood hazard area set forth in BMC Sec. 38.600.110.A.1 shall
satisfy the requirements of this section and BMC Sec. 38.410.100. Proposed
developments shall ensure that:
1. Flood damage potential is minimized;
2. Public utilities and facilities are constructed so as to minimize flood damage; and
3. Water supply and sanitary sewer infrastructure is designed to minimize or eliminate
infiltration.
Except as provided in subsection B.1 of this section, lots within a platted subdivision
shall not contain a regulated flood hazard area set forth in BMC Sec. 38.600.110.A.1 if
such lots are proposed for future residential, commercial, industrial, or other building
construction; or such lots are proposed for the placement of structures or storage of
materials.
1. Dedicated parkland and common open space within a platted subdivision may
contain regulated flood hazard areas.
An exhibit depicting the location of the georeferenced boundaries and the delineated
boundaries of regulated flood hazard areas set forth in BMC Sec. 38.600.110.A.1 in
relation to the proposed development shall be provided with all development
applications. These boundaries shall be shown in accordance with BMC Sec.
38.600.130.
1. If any portion of a proposed lot, building, structure, or permanent materials storage
location is within the georeferenced boundary and is completely outside the
delineated boundary, then a conditional letter of map amendment shall be obtained
from FEMA by the development applicant.
The conditional letter of map amendment application is subject to subsection E
of this section.
The conditional letter of map amendment issued by FEMA shall be provided
with the preliminary plat application or site plan application.
A letter of map amendment issued by FEMA subject to subsection F of
this section shall be provided by the development applicant prior to final
plat approval or receiving a certificate of occupancy.
2. If placement of fill is proposed within the delineated boundary of the flood fringe
to artificially elevate land to be above the base flood elevation, then a conditional
letter of map revision based on fill shall be obtained from FEMA by the
development applicant.
The conditional letter of map revision based on fill application is subject to
subsection E of this section.
The conditional letter of map revision based on fill issued by FEMA shall be
provided with the preliminary plat application or site plan application.
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A letter of map revision based on fill issued by FEMA subject to
subsection F of this section shall be provided by the development
applicant prior to final plat approval or receiving a certificate of
occupancy.
3. If any use, activity, or artificial obstruction is proposed within the delineated
boundary of the regulatory floodway, then the development applicant shall
demonstrate that the carrying capacity of the regulatory floodway is not reduced in
accordance with BMC Sec. 38.600.260.C.
A regulatory floodway encroachment analysis shall be prepared by the
development applicant and initially submitted with a subdivision pre-
application or concept site plan application. The analysis shall be updated with
the preliminary plat application or site plan application to reflect any changes
to the proposed regulatory floodway encroachments.
If the regulatory floodway encroachment analysis indicates that the
proposed use, activity, or artificial obstruction in the regulatory floodway
causes an increase to the existing base flood elevation of more than 0.00
feet, then a conditional letter of map revision shall be obtained from
FEMA by the development applicant in accordance with BMC Sec.
38.600.260.C.2 and be provided with the preliminary plat application or
site plan application.
i. A letter of map revision subject to subsection F of this section shall be
provided by the development applicant prior to final plat approval or
receiving a certificate of occupancy.
4. A floodplain permit application meeting the requirements of this division shall be
prepared by the development applicant and provided to the Floodplain
Administrator for any use, activity, or artificial obstruction located within the
delineated boundary of the regulated flood hazard area. If a conditional letter of
map revision based on fill or a conditional letter of map revision are required under
this section, then they shall be obtained from FEMA by the applicant prior to
floodplain permit approval. The floodplain permit must be issued by the
Floodplain Administrator prior to:
Beginning construction of subdivision improvements, including the placement
of fill, that are located within the regulated flood hazard area for development
occurring under division 38.240; or
Obtaining final site plan approval for development occurring under division
38.230.
A subdivision final plat shall depict on the Conditions of Approval sheet the location of
the regulated flood hazard area, including and pursuant to any letter of map revision or
letter of map revision based on fill approved by FEMA, and base flood elevation data
shall be provided for each lot.
The Floodplain Administrator must review the conditional letter of map change
application and authorize its submittal to FEMA. FEMA conditional letter of map
change application types include:
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Conditional letter of map amendment (CLOMA) – A letter from FEMA stating a
proposed use, activity, or artificial obstruction located on natural ground and not
including the placement of fill would not be inundated by the base flood if
completed as proposed.
Conditional letter of map revision based on fill (CLOMR-F) – A letter from FEMA
stating a parcel of land or portion thereof that is proposed to be elevated by fill
would not be inundated by the base flood if fill is placed on the parcel as proposed.
Conditional letter of map revision (CLOMR) – A letter from FEMA stating a
proposed use, activity or artificial obstruction in the regulatory floodway that
would, upon completion, affect the existing hydrologic or hydraulic characteristics
of the flooding source and result in an alteration of the regulatory floodway or the
base flood elevation, is allowable if the project is completed as proposed.
Submittal of a CLOMR application to FEMA is subject to BMC Sec.
38.600.260.C.2.
The Floodplain Administrator must review the letter of map change application and
authorize its submittal to FEMA. FEMA letter of map change application types
include:
Letter of map amendment (LOMA) – Officially amends the effective special flood
hazard area of a flood insurance rate map by confirming that natural ground is not
inundated by the base flood.
Letter of map revision based on fill (LOMR-F) – Officially revises the effective
special flood hazard area of a flood insurance rate map by confirming that the
parcel of land or portion thereof has been elevated by fill to be above the base
flood.
Letter of map revision (LOMR) – Officially revises the effective special flood
hazard area of a flood insurance rate map and the base flood elevation or regulatory
floodway in the effective flood insurance study. A LOMR usually results in
republishing a portion of the flood insurance rate map.
Floodplain permit application requirements.
A floodplain permit application shall be filed with the Floodplain Administrator and at a
minimum include the following information:
A completed and signed Joint Application for Proposed Work in Montana’s
Streams, Wetlands, Floodplains, and Other Water Bodies;
A copy of all other applicable permits or pending applications required by local,
federal or state law for the proposed project, which may include but are not limited
to a 310 permit, SPA 124 permit, 318 authorization, section 404 permit, 401
certification, and endangered species act section 10 permit;
A copy of the effective flood insurance rate map with the project site identified;
A scaled plan view exhibit(s) showing:
Linetype legend, drawing scale, and north arrow;
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Proposed project site and property lines;
Georeferenced boundary of the regulated flood hazard area per BMC Sec.
38.600.130.A;
Existing and proposed structures;
Existing and proposed utilities;
Proposed excavation and/or fill locations; and
Location of stored or stockpiled materials;
Additional information related to the proposed use, activity or artificial obstruction
that documents compliance with applicable development requirements of this
division;
A written response explaining how each of the factors considered in the decision to
issue a floodplain permit set forth in BMC Sec. 38.600.210.G are satisfied by the
design of the proposed use, activity or artificial obstruction;
Application review fee in the amount established by city commission resolution;
Mailing labels for all adjoining property owners, including those across roads and
across watercourses or drainways; and
The number and format of copies of the floodplain permit application as
established by the Floodplain Administrator shall be submitted. Applications must
include the signature of the applicant and land owner(s), which for properties in
common ownership shall include evidence of proper authority for the owner
signatory.
If the floodplain permit application was prepared by a person other than the
identified property owner or applicant, then the person that prepared the
application shall sign as contractor.
The Floodplain Administrator may require additional information for the floodplain
permit application depending on the nature of the proposed use, activity or artificial
obstruction, including but not limited to:
Scaled topographic plan view exhibit(s) of the project area with 1-foot contours and
elevation values displayed in NAVD88 vertical datum depicting:
Linetype legend, drawing scale, and north arrow;
Existing ground contours certified by a professional engineer or registered land
surveyor;
Location of watercourse or drainway channel and banks;
Delineated boundary of the regulated flood hazard area pursuant to BMC Sec.
38.600.130.B;
Proposed ground contours and delineation of proposed regulated flood hazard
boundaries pursuant to a conditional letter of map change issued by FEMA;
and
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Location of all proposed improvements and artificial obstructions;
Cross sections of the proposed project that clearly differentiate between existing
site conditions and proposed site conditions;
Proposed building elevations showing the elevation of the lowest floor, including
any basement or crawlspace, proposed finished ground elevation, and the base
flood elevation;
Specifications for floodproofing, filling, excavating, grading, bank stabilization,
storage of materials and location of utilities;
Construction plans and specifications for road and utility crossings;
Flood scour analyses for utility crossings and bridge abutment designs;
Construction plans and specifications for stream restoration projects;
A hydraulic model prepared and certified by a professional engineer demonstrating
the impact of the proposed project on the base flood elevations at and proximate to
the project site;
A floodway encroachment analysis and no-rise certification prepared in accordance
with BMC Sec. 38.600.260.C.1 and signed by a professional engineer together with
any hydraulic modeling utilized for the no-rise analysis.
For projects in the regulatory floodway that cause a rise in the existing base flood
elevation, a conditional letter of map revision issued by FEMA;
For a new building, or alteration or substantial improvement to an existing
building, a completed FEMA elevation certificate based on construction drawings;
For projects involving the placement of fill in the flood fringe, a conditional letter
of map revision based on fill issued by FEMA;
A professional engineer's or registered architect's certification within their
respective areas of expertise that the proposed use, activity, or artificial obstruction
has been designed to be in compliance with this division; and
Any other relevant information deemed necessary by the Floodplain Administrator
to demonstrate that the proposed activity, use, or artificial obstruction is in
compliance with this division, the Montana Floodplain and Floodway Management
Act, or the requirements of the National Flood Insurance Program.
Floodplain permit application review.
Within 10 working days of receipt of a floodplain permit application and required
application review fee, the Floodplain Administrator must review the application for
acceptability to determine if the application omits any of the minimum information
required and whether any additional information in sufficient detail and accuracy is
required to enable the Floodplain Administrator to determined compliance with this
division. If the application is determined to not include the minimum information
required or needs additional information, the Floodplain Administrator must notify the
applicant in writing of the information required to deem the application acceptable. The
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applicant shall have 60 working days to provide the required information or a new
floodplain permit application shall be submitted.
The process in subsection A of this section will be repeated until the Floodplain
Administrator determines the application is acceptable. If the application is not deemed
acceptable by the Floodplain Administrator after the third notice, or if the applicant
does not respond to a notice within the timeframe specified, the Floodplain
Administrator may deny the application.
Once the Floodplain Administrator is satisfied that the application is acceptable, the
Floodplain Administrator must review the application for compliance with this division.
A determination that the application is acceptable does not guarantee that the floodplain
permit application will be approved or conditionally approved and does not limit the
ability of the Floodplain Administrator to request additional information during the
compliance review process to ensure conformance with this division.
The Floodplain Administrator must approve, approve with conditions, or deny a
floodplain permit application within 60 working days of receipt of an acceptable
application, except if the applicant in writing agrees to accept an extended timeframe.
Floodplain permit application notice requirements.
Upon receipt of a floodplain permit application deemed acceptable, the Floodplain
Administrator must prepare a notice according to the requirements of division 38.220 of
this chapter. Notice by first-class mail must be provided by the Floodplain
Administrator to adjoining property owners listed in the application.
The Floodplain Administrator must serve notice of the floodplain permit application to
the state National Flood Insurance Program coordinator.
The Floodplain Administrator must provide notice to adjacent communities, the state
National Flood Insurance Program coordinator, and FEMA for any project involving the
alteration or relocation of a watercourse containing a special flood hazard area set forth
in BMC Sec. 38.600.110.A.1.
Floodplain permit issuance.
The Floodplain Administrator may only approve a floodplain permit application and
issue a floodplain permit when the activities, uses or artificial obstructions described in
the floodplain permit application are in full compliance with this division and applicable
provisions of this chapter.
The Floodplain Administrator must issue a written decision to approve, conditionally
approve, or deny a floodplain permit within the timeframe provided by this division.
The applicant must demonstrate to the satisfaction of the Floodplain Administrator that
the floodplain permit application is not in conflict with any other applicable permits
obtained for the proposed use, activity or artificial obstruction prior to floodplain permit
issuance.
A floodplain permit for a use, activity or artificial obstruction in the regulatory
floodway that causes an increase of more than 0.00 feet to the existing base flood
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elevation must not be issued until a conditional letter of map revision, subject to BMC
Sec. 38.600.260.C.2.a, is approved by FEMA.
A letter of map revision may be required by the Floodplain Administrator when a
proposed use, activity, or artificial obstruction in the regulatory floodway is:
1. Certified by a professional engineer to not cause an increase of more than 0.00 feet
in the existing base flood elevation; and
2. The existing base flood elevation or existing regulatory floodway is determined to
be substantially different than the effective base flood elevation or effective
regulatory floodway due to:
Natural physical alterations to the flooding source affecting its plan form and
grade; or
Proposed conditions modeling conducted to evaluate project-related impacts.
A floodplain permit must not be issued until any FEMA conditional letters of map
change required by BMC Sec. 38.600.170 are provided by the applicant.
The Floodplain Administrator must consider the following factors in the floodplain
permit issuance decision:
The danger to life and property due to increased flood heights, increased flood
water velocities or alterations in the pattern of flood flow caused by the proposed
use, activity, or artificial obstruction;
The danger that materials may be swept onto other lands or downstream to the
injury of others;
The construction or alteration of the proposed use, activity, or artificial obstruction
is conducted in such manner as to lessen the flooding danger;
Impacts to water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions, and whether sanitation
systems will be located to avoid surcharge during flooding;
The susceptibility of the proposed use, activity, or artificial obstruction to flood
damage and the effects of such damage on the individual owner;
The importance of the services provided by the use, activity or artificial obstruction
to the community;
The proposed use, activity or artificial obstruction will be reasonably safe from
flooding;
The drainage at the site is adequate to reduce exposure to flood hazards;
The requirement of the facility for a water-front location;
The availability of alternative locations not subject to flooding for the proposed
use, activity, or artificial obstruction;
The compatibility of the proposed use, activity, or artificial obstruction with
existing development and anticipated development in the foreseeable future;
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The permanence of the proposed use, activity, or artificial obstruction;
The relationship of the proposed use, activity, or artificial obstruction to any
adopted growth policy or other plans covering the project area;
The safety of access to property in times of flooding for ordinary and emergency
services; and
Such other factors as are consistent with the purposes of this division, this chapter,
the Montana Floodplain and Floodway Management Act and the National Flood
Insurance Program.
The floodplain permit must be issued in the name of the landowner on the floodplain
permit application form. When a floodplain permit is issued the landowner becomes the
permittee and responsible party for all floodplain permit requirements.
Floodplain permit conditions and requirements.
The Floodplain Administrator may attach conditions of approval to a floodplain permit
to ensure compliance with this division and may require reasonable mitigation of
adverse impacts.
The Floodplain Administrator may require the permittee to record a notice of decision
of the floodplain permit in the office of the Gallatin County Clerk & Recorder to notify
successors in interest of the permit requirements and that such property is located in a
regulated flood hazard area.
Completion of the use, activity, or artificial obstruction authorized under the floodplain
permit shall be limited to the scope contained in the floodplain permit application and
any conditions of floodplain permit approval.
The permittee shall submit a compliance report to the Floodplain Administrator within
30 days of project completion, or other timeframe as may be specified by the Floodplain
Administrator, that certifies that the permitted use, activity, or artificial obstruction was
completed in accordance with the approved permit. The compliance report shall
include any letters of map change approved by FEMA applicable to the project as well
as applicable FEMA floodproofing certificates and FEMA elevation certificates.
The permittee shall maintain the permitted use, activity, or artificial obstruction in
compliance with the floodplain permit.
The permitted use, activity, or artificial obstruction must be completed within one year
from the date of floodplain permit issuance, or a completion timeline identified in the
floodplain permit application that is determined reasonable by the Floodplain
Administrator, whichever is later.
The Floodplain Administrator may require the permittee to provide periodic oversight
by a professional engineer or licensed architect and provide interim reports during the
construction period.
The Floodplain Administrator may require the permittee to submit annual performance
and maintenance reports for a period of up to 5 years, or a time specified in the
floodplain permit, for bank stabilization or stream restoration projects utilizing
vegetative components.
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For uses, activities, and artificial obstructions in which a conditional letter of map
revision has been approved by FEMA, or for those projects in the regulatory floodway
that Floodplain Administrator has determined under BMC Sec. 38.600.210.E that a
letter of map revision is required, the permittee shall prepare and submit a letter of map
revision application to FEMA, and applicable application fees, within 6 months of
project completion and shall pursue the application until FEMA issues approval.
Failure to do so constitutes a violation of this division.
Extensions to floodplain permit approval period.
The permittee may request an extension of the duration of the floodplain permit
approval. The extension request must be made in writing not less than 30 days before
the permit expiration date and present the reasons for which the request is being made
along with a description of work completed and work remaining. The Floodplain
Administrator may approve, conditionally approve, or deny the extension request. If a
permittee requests an extension within 30 days before the permit expiration date, the
permittee must pay an additional floodplain permit application fee.
If the permittee makes an extension request after the permit has expired, the Floodplain
Administrator may require the permittee to file a new floodplain permit application for
review and approval. The new floodplain permit application must present the reasons
for which the new application is being made along with a description of the work
completed and work remaining. The Floodplain Administrator may approve,
conditionally approve, or deny the new floodplain permit application.
Uses, activities, and artificial obstructions within regulated flood hazard
areas exempt from floodplain permitting, but subject to BMC Sec.
38.410.100.
Any use, activity, or artificial obstruction within the regulated flood hazard area
established by BMC Sec. 38.600.110.A.3 is exempt from obtaining a floodplain permit,
unless upon the discretion of the Floodplain Administrator a floodplain permit is
determined to be required.
The following open space uses, activities, and artificial obstructions shall be allowed in
regulated flood hazard areas without obtaining a floodplain permit, provided they are
not prohibited by this chapter or state statute, do not require buildings or structures, and
do not require fill, grading, excavation, or storage of materials or equipment:
Agricultural uses such as tilling, farming, irrigation, ranching, harvesting, and
grazing, but not including structures related to agricultural uses;
Forestry uses, including processing of forest products with portable equipment;
Recreational vehicle use or storage, provided that the vehicle is on the site for
fewer than 180 consecutive days or the vehicle is fully licensed and ready for
highway use. A recreational vehicle is ready for highway use if it is on its wheels
or jacking system with wheels intact, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached
additions;
Residential uses such as lawns, gardens, and play areas;
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Maintenance of existing open space uses that do not increase the flood hazard
potential;
Preventive maintenance activities for transportation infrastructure such as bridge
deck rehabilitation and roadway pavement preservation activities that are not
considered alterations;
Public or private recreational uses that do not include structures such as picnic
grounds, swimming areas, parks, golf courses, driving ranges, archery ranges,
wildlife management and natural areas, alternative livestock ranches (game farms),
fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, and hiking and horseback riding trails;
Fences that have a low impact to the flow of water such as barbed wire fences and
wood rail fences, except permanent fences crossing channels. Fences that have the
potential to stop or impede water flow or debris require a floodplain permit;
Addition of roadway guardrail, signing and utility poles that have a low impact to
the flow of water along an existing roadway; and
Irrigation and livestock supply wells, provided that they are located at least 500 feet
from domestic water supply wells and the top of the well casing is 18” above the
base flood elevation.
Uses, activities, and artificial obstructions prohibited within regulated
flood hazard areas.
The following uses, activities, and artificial obstructions are prohibited in the regulatory
floodway:
New buildings and structures, including appurtenant or accessory buildings and
structures, used for any purpose;
Uses, activities, or artificial obstructions, that cause water to be diverted from the
regulatory floodway, cause erosion, obstruct the natural flow of water, or reduce
the carrying capacity of the floodway;
Construction or storage of artificial obstructions subject to flotation or movement
during flood level periods;
Solid or hazardous waste disposal systems;
Onsite wastewater treatment systems;
Public and private campgrounds, and buried and sealed vaults for sewage disposal
in campgrounds and recreational areas;
Domestic water supply wells;
Storage of toxic, flammable, hazardous or explosive materials; and
Mining or excavation of material from pits or pools not in connection with a
channelization, streambank restoration, or stream stabilization project.
The following uses, activities, and artificial obstructions are prohibited in the flood
fringe:
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Construction or storage of an artificial obstruction subject to flotation or movement
during flood levels, if the Floodplain Administrator determines the flotation or
movement of the artificial obstruction would pose a risk to public health, welfare,
or safety;
Solid or hazardous waste disposal systems;
Onsite wastewater treatment systems;
Public and private campgrounds, and buried and sealed vaults for sewage disposal
in campgrounds and recreational areas;
Domestic water supply wells; and
Storage of toxic, flammable, hazardous or explosive materials.
Placement of fill to elevate land not otherwise performed in connection with a
proposed development occurring under chapter 38 or chapter 10.
The following uses, activities, and artificial obstructions are prohibited in regulated
flood hazard areas without a regulatory floodway and flood fringe:
Uses, activities and artificial obstructions prohibited by subsection B of this
section; and
Any use, activity, or artificial obstruction that causes an increase of more than 0.50
feet to the base flood elevation.
Development requirements for uses, activities, and artificial obstructions
permitted in the regulatory floodway subject to issuance of a floodplain
permit and BMC Sec. 38.410.100.
When a site specific exemption or relaxation of the standards of BMC Sec. 38.410.100
allow utilization of a portion of the regulated flood hazard area, the uses, activities and
artificial obstructions contained in this section, including alterations and substantial
improvements to existing artificial obstructions, may be permitted in the regulatory
floodway subject to the issuance of a floodplain permit by the Floodplain
Administrator.
All uses, activities and artificial obstructions permitted in the regulatory floodway shall
be designed and constructed to minimize flood damage and ensure they do not
adversely affect the flood hazards of other properties or be swept downstream to the
injury of others.
The applicant must assure that all uses, activities and artificial obstructions do not
reduce the carrying capacity of the regulatory floodway by:
Providing a regulatory floodway encroachment analysis, prepared and certified by a
professional engineer, demonstrating that the use, activity, or artificial obstruction
does not cause an increase to the existing base flood elevation of more than 0.00
feet (“no-rise”) and does not significantly increase the velocity of flow. Except as
provided in subsection C.1.a of this section, the no-rise analysis shall be prepared
in accordance with FEMA guidance for no-rise certifications for developments in
regulatory floodways.
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At the discretion of the Floodplain Administrator, a different approach to
demonstrate and certify no-rise may be allowed given the scope and nature of
the proposed use, activity, or artificial obstruction. The approach used shall be
acceptable to the Floodplain Administrator and be performed in accordance
with standard engineering practice.
Providing a conditional letter of map revision approved by FEMA, the application
for which must first be supported by the Floodplain Administrator and the DNRC
subject to subsection C.2.a of this section, for any use, activity, or artificial
obstruction that causes an increase to the existing base flood elevation of more than
0.00 feet, or significantly increases the velocity or flow of the watercourse or
drainway, or substantially alters the location of the regulatory floodway.
A conditional letter of map revision is a prospective alteration of the regulated
flood hazard area and is subject to MCA 76-5-203. Alterations to the
regulatory floodway must be designed and delineated so as to carry the waters
of the base flood without increasing the base flood elevation more than 0.50
feet at any point. Written support to file a conditional letter of map revision
application with FEMA shall be obtained from DNRC and the Floodplain
Administrator by the applicant providing the following information to DNRC
and the Floodplain Administrator:
Certification that no buildings are located in areas impacted by increased
base flood elevations;
Information demonstrating that alternative designs or approaches that do
not cause an increase to the base flood elevation are not feasible;
Any other information required by DNRC or the Floodplain Administrator
to gain support for the filing of a conditional letter of map revision
application with FEMA.
Substantial improvement to existing buildings and alteration of existing structures may
be permitted, provided that:
All applicable requirements in BMC Sec. 38.600.270 are met;
The existing building or structure shall not be elevated by means of new or
additional fill; and
An alteration to expand the horizontal dimensions of an existing building is not
occurring.
Watercourse crossings for pedestrian and transportation facilities may be permitted,
provided that:
Crossings shall be generally oriented as perpendicular to the direction of flow as
practicable;
Footings for bridge piers and abutments shall be buried below the maximum
calculated depth of scour during the base flood discharge as calculated and certified
by a professional engineer;
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Where failure or interruption of public transportation facilities would result in
danger to public health or safety, and wherever practicable:
a. Bridge low chord elevations shall have at least two feet of freeboard above the
base flood elevation;
b. Culverts shall be designed to pass the base flood discharge and provide at least
two feet of freeboard to the crossing surface; and
Except for those public bridges maintained by the Montana Department of
Transportation, bridges for public transportation facilities shall meet applicable
design and construction standards established by Gallatin County by authority of
MCA 7-14-2204.
Limited filling for transportation facility embankments not in connection with
watercourse crossings may be permitted, provided that:
Fill placed is a suitable material for the transportation facilities;
Reasonable alternate transportation routes outside the regulatory floodway are not
available; and
The floodway encroachment is located as far from the stream channel as possible.
Buried or suspended utility transmission and service lines may be permitted, provided
that:
Suspended utility lines are designed such that the lowest point of the suspension is
at least six feet higher than the base flood elevation;
Towers, poles, and other appurtenant structures are designed and placed to
withstand and offer minimal obstruction to flood flows;
Alternatives routes, directional drilling, and aerial routes are considered when
practicable; and
Utility transmission and service lines carrying toxic or flammable materials are
buried to a depth of at least twice the maximum scour depth for the base flood
discharge as calculated and certified by professional engineer.
Storage of materials and equipment not otherwise prohibited may be permitted,
provided that:
The material or equipment is not subject to damage by flooding and is properly
anchored to prevent flotation or downstream movement; or
The material or equipment is readily removable within the limited time available
after flood warning.
Construction or alteration of surface water diversion structures may be permitted,
provided that:
Potential erosion from a base flood shall be minimized; and
A professional engineer shall design and certify that any permanent diversion
structure in the watercourse or drainway can withstand hydrodynamic, hydrostatic,
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buoyancy, and scour forces associated with the base flood discharge as well as ice
damage and debris impacts.
Construction or alteration of levees and floodwalls may be permitted, provided that:
A professional engineer shall design and certify that the levee or floodwall can
withstand hydrodynamic, hydrostatic, buoyancy, and scour forces associated with
the base flood discharge as well as ice damage and debris impacts;
Materials used for construction are suitable materials designed to withstand the
base flood discharge;
Constructed height shall be at least 3 feet higher than the base flood elevation;
All state and federal levee and floodwall engineering and construction standards are
met; and
If the levee or floodwall protects structures of more than one landowner, it shall be
publicly owned and maintained.
Streambank, pier and abutment stabilization or protection projects may be permitted,
provided that:
A professional engineer shall design and certify that the project can withstand
hydrodynamic, hydrostatic, buoyancy, and scour forces associated with the base
flood discharge;
Materials used and construction methods employed are the least environmentally
damaging practicable for the proposed application;
Vegetative components, if any, must be established and mature within five years of
installation, or other timeframe as may be required by the Floodplain
Administrator, and once established and mature do not require substantial yearly
maintenance;
If materials for the project are designed to biodegrade or erode over time they shall
not fail catastrophically to the impact of others and the design amount and rate of
erosion shall be similar to what existing stable natural streambanks experience
during the base flood discharge; and
Potential erosion upstream, downstream, across from or adjacent to the project site
during the base flood discharge shall not be increased beyond the erosion rate of
existing stable natural streambanks.
Channelization projects may be permitted, provided that:
The requirements of subsection K of this section shall be met; and
The excavation and construction of the stream channel is for the purpose of altering
or relocating a watercourse or drainway and diverting the entire flow of the stream,
or a portion thereof, from its presently established course and shall accommodate
and not increase the magnitude or velocity of the base flood discharge;
A conditional letter of map revision must be approved by FEMA pursuant to
subsection C.2 of this section.
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Stream and bank restoration projects may be permitted, provided that:
The intent of the project is to reestablish the terrestrial and aquatic attributes of a
natural stream and is not for the protection of a structure or a streambank
stabilization project; and
The requirements of subsections K and L of this section are satisfied, except for the
requirement to obtain a conditional letter of map revision, which may not be
required in all instances depending upon the extent and nature of the stream or bank
restoration project.
Dams may be permitted, provided that:
Design and construction shall be in accordance with the Montana Dam Safety Act,
MCA 85-15-101 et seq.;
The project shall not increase the flood hazards downstream either through
operational procedures or improper hydrologic or hydraulic design; and
A conditional letter of map revision must be approved by FEMA pursuant to
subsection C.2 of this section.
Development requirements for uses, activities and artificial obstructions
permitted in the flood fringe subject to issuance of a floodplain permit
and BMC Sec. 38.410.100.
When a site specific exemption or relaxation of the standards of BMC Sec. 38.41.100
allow utilization of a portion of the regulated flood hazard area, the uses, activities and
artificial obstructions contained in this section, including alterations and substantial
improvements to artificial obstructions, may be permitted in the flood fringe subject to
issuance of floodplain permit.
All uses, activities, and artificial obstructions permitted in the regulatory floodway
pursuant to BMC Sec. 38.600.260 may also be permitted in the flood fringe subject to
issuance of a floodplain permit by the Floodplain Administrator.
The requirements of this section shall also apply to uses, activities and artificial
obstructions located in a regulated flood hazard area without a regulatory floodway and
flood fringe, subject to:
An encroachment analysis shall be prepared and certified by a professional
engineer demonstrating that the use, activity, or artificial obstruction in the
regulated flood hazard area does not increase the identified base flood elevation
more than 0.5 feet and does not significantly increase flood velocities or alter flood
hazards to the detriment of upstream, downstream, or adjacent properties.
The new construction, alteration, and substantial improvement of residential and non-
residential buildings and structures may be permitted, provided that:
Such buildings and structures shall conform to the requirements of this chapter and
chapter 10 and are not prohibited by any other statute, regulation, ordinance or
resolution;
Such buildings and structures are compatible with local growth policies;
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Such buildings and structures are constructed by methods and practices that
minimize flood damage, and are reasonably safe from flooding and anchored to
resist flotation, collapse and lateral movement;
Grading around such buildings and structures is provided with adequate surface
drainage;
All materials used for construction are resistant to flooding to an elevation at least
two feet above the base flood elevation;
New construction, alteration, and substantial improvement of residential buildings
and structures, including manufactured homes, shall be elevated so that the lowest
floor is at least two feet above the base flood elevation by any of the following
means:
On suitable structural fill, foundation wall enclosure, stem walls, pilings, posts,
piers, columns or other acceptable means.
If elevated on suitable structural fill, the fill must be extended at an elevation
no lower than the base flood elevation for a minimum distance of 15 feet in all
directions beyond the foundation walls, unless physical constraints exist that
make strict compliance impracticable and the Floodplain Administrator
approves a lesser distance, and be certified by a professional engineer to meet
the following:
Fill material must be suitable for its intended purpose and be clean, well
graded, pervious, not adversely affected by water and frost, devoid of trash
or similar foreign matter, and free of tree stumps or other organic material;
Fill material must be compacted to 95 percent of its maximum density as
determined by standard proctor testing in accordance with ASTM D698
standards;
Fill must not be placed within the regulatory floodway; and
Fill slope must be less than 1.5:1 unless physical constraints exist, in
which case a retaining wall is allowed if the wall is adequately protected
from erosion;
For new placement, substantial improvement, or replacement of manufactured
homes, including those used for non-residential purposes, the building chassis shall
be secure and resist flotation, collapse and lateral movement by anchoring with
components capable of carrying a force of 4,800 pounds in addition to the
following:
For manufactured homes less than fifty feet long, over-the-top ties to ground
anchors shall be provided at each of the four corners of the building, with two
additional ties provided per side at intermediate locations; or
For manufactured homes more than fifty feet long, frame ties to ground
anchors shall be provided at each corner of the building, with five additional
ties per side provided at intermediate points;
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Non-residential buildings and structures shall be elevated so that the lowest floor is
at least two feet above the base flood elevation in accordance with requirements of
subsection D.6 of this section or shall be certified by a professional engineer or
registered architect to be adequately floodproofed in accordance with the following:
The lowest floor of the building or structure must be adequately wet or dry
floodproofed to an elevation at least two feet above the base flood elevation;
The building or structure shall be designed to withstand hydrostatic,
hydrodynamic, and buoyancy forces of the base flood;
Wet floodproofing is only permitted when the lowest floor of a building or
structure is used for parking, loading, or storage of equipment or materials not
appreciably affected by floodwater,
Wet floodproofing must provide adequate openings to equalize hydrostatic
forces; and
Dry floodproofing must not allow floodwaters to cause internal flooding of the
building or structure by using impermeable membranes and materials for
construction of floors and walls, and must ensure that all windows, doors and
other openings are watertight and do not allow the passage of floodwaters;
Except as provided in subsection D.9.a of this section, appurtenant or accessory
buildings and structures for residential, non-residential, and agricultural purposes
shall be elevated or floodproofed to an elevation at or above the base flood
elevation and be adequately anchored to resist flotation, collapse and lateral
movement. Means of elevating or floodproofing shall be in accordance with
subsections D.6 and D.8 of this section.
a. Attached and detached garage structures used exclusively for parking or
storage of equipment and materials not appreciably affected by floodwater
shall be elevated in accordance with subsection D.6 of this section.
The floor elevation of any crawlspace foundation enclosures, including subgrade
crawlspaces with a floor elevation no more than two feet below the lowest adjacent
grade of the building on all sides, shall be at or above the base flood elevation and
contain flood openings designed and certified by a professional engineer to meet or
exceed the following:
Equalize hydrostatic forces on foundation walls by allowing the automatic
entry and exit of floodwaters through screens, louvers, valves, or other covers
or devices;
Have two or more openings with a total net area of not less than one square
inch for every one square foot of enclosed area below the lowest floor.
Openings shall be located on a minimum of two walls, except for subgrade
crawlspace enclosures where a minimum of two openings may be provided on
a single wall; and
The bottom of all openings shall be no higher than one foot above the higher of
the exterior adjacent grade elevation or the crawlspace floor elevation;
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Basements are considered the lowest floor of a building and shall be elevated two
feet or more above the base flood elevation. A basement includes any floor that is
more than two feet below the lowest adjacent grade of the building on all sides.
All electrical systems shall be certified by a professional engineer to satisfy all
applicable flood hazard area provisions of the current adopted building codes set
forth in chapter 10 along with the following requirements. If conflicts exist
between this division and chapter 10, then chapter 10 requirements shall govern.
All incoming power service equipment including all metering equipment,
control centers, transformers, distribution and lighting panels, and all other
stationary equipment shall be located at least two feet above the base flood
elevation;
Portable and movable electrical equipment may be placed below the base flood
elevation, provided that the equipment can be disconnected by a single plug
and socket assembly of the submersible type;
The main power service lines must have automatically operated electrical
disconnect equipment or manually operated electrical disconnect equipment
located at an accessible remote location outside the regulated flood hazard area
or shall be two feet above the base flood elevation; and
All electrical wiring systems installed below the base flood elevation shall be
suitable for continuous submergence and may not contain fibrous components;
All mechanical systems shall be certified by a professional engineer to satisfy all
applicable flood hazard area provisions of the current adopted building codes set
forth in chapter 10 along with the following requirements. If conflicts exist
between this division and chapter 10, then chapter 10 requirements shall govern.
Float operated automatic control valves shall be installed so that fuel supply is
automatically shut off when flood waters reach the floor level where
mechanical systems are located;
Manually operated gate valves shall be installed on gas supply lines. The gate
valves shall be operable from a location above the base flood elevation;
Electrical components of the HVAC systems shall meet the requirements of
subsection D.13 of this section; and
Furnaces, cooling units, and all associated ductwork shall be installed at least
two feet above the base flood elevation.
All plumbing systems shall be certified by a professional engineer to satisfy all
applicable flood hazard area provisions of the current building codes set forth in
chapter 10 along with the following requirements. If conflicts exist between this
division and chapter 10, then chapter 10 requirements shall govern:
The building sewer line shall have a backwater valve installed to prevent
sewage backup into the building; and
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All toilets, stools, sinks, urinals, vaults, and drains shall be located so the
lowest point of possible flood water entry is at least two feet above the base
flood elevation.
Recreational vehicles may be permitted, provided that:
Recreational vehicles that are on site for more than 180 days out of the year, or are
not ready for highway use, shall meet the manufactured home requirements in
subsections D.6 and D.7 of this section.
Mining or excavation of material from pits or pools provided that:
1. A buffer strip of undisturbed land of sufficient width to prevent the base flood from
channeling into the mine or excavation is left between the edge of the channel and
the edge of the mine or excavation;
2. The mine or excavation meets all applicable laws and regulation of other local and
state agencies; and
3. Mined or excavated material is stockpiled outside of the regulatory floodway.
All other uses, activities and artificial obstructions not otherwise prohibited by BMC
Sec. 38.600.250.B or any other provision of chapter 38 may be permitted in the flood
fringe subject to issuance of a floodplain permit.
Waiver of floodplain permit requirements prior to undertaking
emergency repair or replacement or temporary protective measures.
This division is not intended to prevent a person or entity from taking temporary
protective measures necessary to safeguard life, buildings, or structures during periods
of flooding emergency. A person or entity shall make a reasonable effort to notify the
Floodplain Administrator prior to initiating such temporary protective measures within
the regulated flood hazard area. If prior notice is not practical, a person or entity shall
provide notice to the Floodplain Administrator in all cases no later than five days after
the temporary protective measure was undertaken. Temporary protective measures
shall not be located in the channel of the regulatory floodway or increase the flood
hazard to others, and shall be entirely removed upon cessation of the flooding
emergency.
Emergency repair and replacement of severely damaged public transportation facilities,
public water and sewer facilities, public utility electricity and natural gas distribution
facilities, and flood control works may be authorized and floodplain permit
requirements waived prior to undertaking such emergency work if:
Upon notification and prior to emergency repair and/or replacement, the Floodplain
Administrator determines that an emergency condition exists warranting immediate
action; and
The Floodplain Administrator agrees upon the nature and type of proposed
emergency repair and/or replacement.
Authorization to undertake such emergency repair and replacement work may be
given orally if the Floodplain Administrator believes that a written authorization
would unduly delay the emergency works. Such oral authorization must be
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followed by a written authorization describing the emergency condition, the type of
emergency work agreed upon, and a statement that oral authorization had been
previously given.
Nothing in this section impairs or abrogates the authority of the Floodplain
Administrator from requiring a floodplain permit be obtained retroactively by a person
or entity undertaking emergency repair, replacement, or temporary protective measures
upon cessation of the emergency conditions that gave rise to the emergency repair,
replacement, or temporary protective measures. The Floodplain Administrator may
require the permittee to complete remedial work or activities necessary to achieve
compliance with this division.
Variances.
A variance from the minimum requirements of this division may be authorized as set
forth in this section and division 38.250 of this chapter. The granting of a variance by
the review authority authorizes the Floodplain Administrator to issue a floodplain
permit that otherwise would conflict with the minimum requirements of this division.
In no case may the review authority authorize a variance from a use, activity, or
artificial obstruction prohibited by state or federal law.
In addition to submittal materials for variances set forth in BMC Sec. 38.220.160, a
variance from the minimum requirements of this division shall be accompanied by a
floodplain permit application deemed acceptable by the Floodplain Administrator
pursuant to BMC Sec. 38.600.190, and be noticed publicly pursuant to Table
38.220.420.
Variances may be issued for the repair, rehabilitation or substantial improvement of a
structure designated as historic by the U.S. Secretary of Interior or an approved state or
local government historic preservation program upon a determination that the proposed
repair, rehabilitation or substantial improvement will not preclude the continued
designation of the structure as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
Variances from this division shall conform to 44 CFR 60.6(a) and ARM 36.15.218.
The Floodplain Administrator must maintain records of variance notifications and
actions, including justifications for variance issuance, and forward all variance actions
to the DNRC and FEMA upon disposition.
Appeals.
Appeals from administrative project decisions or administrative interpretations made
under this division may be taken as set forth in division 38.250 of this chapter. Appeal
submittal materials applicable under division 38.220 shall be provided.
Enforcement.
It is the intent to provide for the efficient, reasonable, and impartial enforcement of this
division through the Floodplain Administrator and to set forth the basic procedures for
compliance with, and remedies for, violations of this division.
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Any person may file a complaint with the Floodplain Administrator whenever a
violation of this division is alleged to have occurred.
The complaint must be provided to the Floodplain Administrator in writing, state
fully the facts supporting it, and signed by the complainant. If the complaint is
filed by three titleholders of land which may be affected by the alleged violation,
the Floodplain Administrator must perform an investigation to determine whether a
violation of this division has occurred. The names and addresses of the
complainants are a matter of public record.
The Floodplain Administrator may make reasonable entry upon any lands and waters
for the purpose of making an investigation, inspection or survey to verify compliance
with this division and may do so upon the Floodplain Administrator’s own initiative if
the Floodplain Administrator has reasonable suspicion to believe a violation under this
division has occurred.
The Floodplain Administrator must give notice of entry by mail, electronic mail,
phone call, or personal delivery to the owner, owner’s agent, lessee, or lessee’s
agent on whose lands entry is requested.
If none of these persons can be found, the Floodplain Administrator must affix
notice to one or more conspicuous places on the property.
After an investigation, the Floodplain Administrator must provide notice to any person
or entity believed to be responsible for a violation of this division of such violation and
must bring any violation to the attention of the local governing body, its legal counsel,
and the DNRC.
The notice of violation may be in the name of the city and may order the cessation
of the violation and require that a corrective action plan be provided within a period
of time deemed reasonable by the Floodplain Administrator.
Such notice of violation must be sent by mail or other means and is subject to
appeal pursuant to BMC Sec. 38.600.300.
Failure to comply with a cessation order or requirement for corrective action is
cause for the city to initiate any legal remedy it may have including but not limited
to those remedies established in BMC Sections 38.200.160 and 1.01.210.
Penalty.
Violation of the provisions of this division or failure to comply with the requirements of
a floodplain permit are subject to the provisions of BMC Sections 38.200.160 and
1.01.210.
Section 2
A new Sec. 38.220.180 be added to DIVISION 38.220 – APPLICATIONS AND NOTICING,
Part 1. – Submittal Materials and Requirements as follows:
Sec. 38.220.180 – Submittal materials for regulated flood hazard areas.
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Applicable submittal materials required under section 38.600.150. – Flood hazard
evaluation and section 38.600.170. – Subdivision and plan review and approval
must be provided.
Section 3
Sec. 38.230.030 – Special development proposals – Additional application requirements,
review procedures and review criteria. be amended as follows with all remaining text
remaining as is:
Sec. 38.230.030.A.2.d. - Division 38.620, Bozeman 38.600, Floodplain Regulations; and
Sec. 38.230.030.B.7. - Division 38.610 38.600, Floodplain Regulations; and
Section 4
Sec. 38.410.100. – Watercourse setback. be amended as follows with all remaining text
remaining as is:
Sec. 38.410.100.A.2.c.(4)(a). – The setback must extend to the edge of the delineated boundary
of the regulated flood hazard area per Sec. 38.600.130.B any delineated 100-year floodplain if
the regulated flood hazard boundary floodplain is larger than the setbacks established in this
subsection 2.c;
Section 5
Chapter 16 – ENVIRONMENT AND HEALTH, Article 2. – NUISANCES be amended as
follows with all other text remaining as is:
Sec. 16.02.050. - Public nuisances.
A. The following are declared to be public nuisances:
1. Any building or structure which meets the definition of an unsafe building or
structure as provided in section 116 of the International Building Code, or any
successor provision, adopted pursuant to section 10.02.010.
2. Any violation of chapter 38 relating to the city's subdivision and zoning laws and
regulations.
3. Any imminent life safety hazard which creates a present and immediate danger to
life, property, health or public safety.
4. An artificial obstruction within a regulatory floodway that does not have a
floodplain permit required by division 38.600.
B. The following may be declared to be public nuisances:
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1. Any condition which constitutes an attractive nuisance whether within a structure
or on the premises.
2. Any building or place which has been operated or maintained in a manner that has
resulted in repeated disruptive activities including, but not limited to, disturbances
of the peace, public drunkenness, drinking in public, harassment of passersby, sale
of stolen goods, public urination, theft, assaults, batteries, acts of vandalism,
excessive littering, illegal parking, loud noises (particularly in late night or early
morning hours), traffic violations, or police detentions and arrests.
3. Any condition which renders air, food or drink unwholesome, unsanitary or
detrimental to health.
4. Any condition which poses a fire hazard.
5. Any condition in violation of chapter 8 (Animals).
6. The ownership, maintenance or operation of a dog or animal kennel without proper
provisions for the protection of the surrounding properties from odor and sound
generated by the kennel.
7. The keeping, storage, depositing or accumulation on the premises for an
unreasonable period of time of any personal property or wastes, including, but not
limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned,
wrecked, or dismantled boats or vessels, automotive parts and equipment,
appliances, furniture, containers, packing materials, scrap metal, wood, building
materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar
materials which is within the view of persons on adjacent or nearby real property or
the public right-of-way and which is detrimental to the public health, safety and
general welfare. However, building materials being used or to be used for a project
of repair or renovation for which a building permit has been obtained may be stored
for such period of time as is necessary to expeditiously complete the project.
8. Any public nuisance as defined in MCA 45-8-111 or otherwise recognized in law
as constituting a public nuisance.
9. An artificial obstruction within the flood fringe that does not have a floodplain
permit required by division 38.600.
Sec. 16.02.070. – Summary abatement.
A. Whenever a complaint is made to the department of community development of the
existence of a public nuisance, as defined in section 16.02.040 or 16.02.050, the
department of community development shall promptly cause to be inspected the
property on which it is alleged that such public nuisance exists. Should the department
of community development find that a public nuisance exists, and that the public health,
safety or welfare may be in immediate danger, then summary abatement procedures
shall be implemented and the department of community development may cause the
nuisance to be removed or abated. The department of community development may
notify the building inspector if the public nuisance involves a building that appears
structurally unsafe. The building inspector, upon being notified by the department of
community development, shall cause the building on which it is alleged such public
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nuisance exists to be inspected and submit a written report of such inspection and the
findings to the department of community development. The department of community
development may notify the Floodplain Administrator if the public nuisance involves an
artificial obstruction within the regulated flood hazard area. The Floodplain
Administrator, upon being notified by the department of community development, shall
cause the artificial obstruction on which it is alleged such public nuisance exists to be
inspected and submit a written report of such inspection and the findings to the
department of community development.
Section 6
DIVISION 38.700. – TERMS AND INTERPRETATION be amended as follows with all
remaining text remaining as is:
Sec. 38.700.020. – A definitions
Activity. A thing that a person or group does or has done.
Alteration. Any act or process, except repair and light construction as defined herein, that
changes one or more of the architectural features of a structure or site, including, but not limited
to, the erection, construction, reconstruction, relocation of, or addition to a structure. The term
"alteration" may apply to any act or process that changes the interior architectural features of that
portion of a public or private property commonly frequented by the general public, provided said
public or private property is located within a designated historic district or listed individually on
the National Register of Historic Places. However, changes upon interior elements of private
residences, regardless of their location or historic status, are not considered alterations as defined
in this section. The term "alteration" further means any change or addition to a building a
structure within a regulated flood hazard area floodplain that either increases its exterior
horizontal dimensions or increases its potential flood hazard; or means revisions or updates to a
DNRC designated floodplain or floodway established by MCA 76-5-101 et seq.
Appurtenant structure. A structure in which the use is incidental or accessory to a
principal use.
Artificial obstruction/development. Any obstruction which is not natural and includes
any dam, diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment,
projection, revetment, excavation, channel rectification, road, bridge, conduit, culvert, building,
refuse, automobile body, fill or other analogous structure or matter in, along, across or projecting
into any regulated flood hazard area that 100-year floodplain which may impede, retard or alter
the pattern of flow of water, either in itself or by catching or collecting debris carried by the
water, or that is placed where the natural flow of water would carry the same downstream to the
damage or detriment of either life or property.
Sec. 38.700.030. – B definitions.
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Base flood discharge. The flowrate of a flood having a one percent chance of being
equaled or exceeded in any given year.
Base flood elevation. The elevation above sea level of the base flood in relation to the
city's adopted vertical datum used in a FEMA flood insurance study or a flood hazard
evaluation.vertical datum unless otherwise specified in the flood hazard study.
Basement. A portion of a building located partly underground but having not less than
half its floor-to-ceiling height below the average grade of the adjoining ground. For purposes of
division 38.600, a basement includes any floor elevation that is more than two feet below the
lowest adjacent grade of a building on all sides.
Sec. 38.700.030. – C definitions.
Certified by a professional engineer. Certification of work produced by a duly qualified
and licensed professional engineer through the placement of the professional engineer’s signed
stamp.
Channel. The geographical area within either the natural or artificial banks of a
watercourse or drainway.
Crawlspace. For purposes of division 38.600, a building enclosure that has its interior
floor area no more than five feet below the top of the next highest floor and no more than two
feet below the lowest adjacent grade on all sides.
Sec. 38.700.040. – D definitions.
DNRC. Montana Department of Natural Resources and Conservation.
Development. Any manmade change to improve or alter real estate, including, but not
limited to, subdivision of land, buildings or other structures, artificial obstructions, mining,
dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or
materials.
Drainway. Any depression two feet (2’) or more below the surrounding land serving to
give direction to a current of water less than 9 months of the year and having a bed and well-
defined banks. Water flowing in a drainway may originate by natural or manmade means.
Sec. 38.700.050. – E definitions.
Effective base flood elevation. The base flood elevation contained in the effective FEMA
flood insurance study and its effective hydraulic model, including any effective FEMA revisions
thereto.
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Effective regulatory floodway. The regulatory floodway contained in the effective FEMA
flood insurance study and its effective hydraulic model, including any effective FEMA revisions
thereto.
Elevated building. A building without a basement that has it lowest elevated floor raised
above ground level by foundation walls, shear walls, posts, piers, pilings or columns. A building
on a crawlspace is considered an elevated building.
Enclosure. That portion below the lowest elevated floor of an elevated building that is
either partially or fully shut in by rigid walls, including a crawlspace, sub grade crawlspace,
stairwell, elevator, or a garage below or attached.
Encroachment. For purposes of division 38.600 any use, activity, or artificial obstruction
within the regulated flood hazard area.
Encroachment analysis. A hydrologic and hydraulic analysis performed by a qualified
professional engineer to assess the effects of a proposed use, activity, or artificial obstruction on
the base flood elevation, flood flows and flood velocities.
Existing artificial obstruction or nonconforming use: For purposes of division 38.600, an
artificial obstruction or nonconforming use that lawfully existed prior to the initial creation of
city floodplain regulations on March 19, 1975, or any repeal and replacement or amendment
thereto.
Existing base flood elevation. The base flood elevation computed by hydraulic modeling
of the base flood discharge within the floodplain of the flooding source in its current existing
condition.
Existing building or structure. For purposes of division 38.600, any buildings or
structures for which the start of construction commenced before the effective date of the
applicable flood insurance rate map.
Existing regulatory floodway. The regulatory floodway computed by hydraulic modeling
of the base flood discharge within the floodplain of the flooding source in its current existing
condition.
Sec. 38.700.050. – F definitions.
FEMA. Federal Emergency Management Agency.
Flood insurance rate map. The official map used for flood insurance risk ratings and
other regulatory purposes on which FEMA has delineated special flood hazard areas of the base
flood as well as other flood hazard areas. both the 100-year floodplains and the risk premium
zones.
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Flood insurance study. The official report containing technical information used to
produce official flood insurance rate maps in which FEMA has provides base flood discharges,
base flood profiles, floodway data tables, hydraulic modeling, and other related flood hazard
information. as well as the Flood Boundary/Floodway Map and the water surface profiles.
Floodway fringe. The portion of the floodplain of the regulated flood hazard area that is
outside the limits of the regulatory floodway.
Flood of 100-year frequency. A flood magnitude that has a 1% chance of occurring in
any given year. The base flood.
Floodplain. Areas generally adjoining a watercourse or drainway stream that would be
covered by the base flood. floodwater of a 100-year flood except for designated shallow flooding
areas that receive less than one foot of water per occurrence. The floodplain is a regulated flood
hazard area and may be partitioned into consists of a regulatory floodway and floodway fringe
where specifically designated. Floodplain regulations are found in article 6 of this chapter.
Floodplain Administrator. Community official with authority to administer and
implement the provisions of division 38.600. The Floodplain Administrator has been designated
by the city commission to be the city engineer, who may delegate Floodplain Administrator
duties to a member of the city engineering division staff.
Floodproofing. Any combination of structural and non-structural additions, changes, or
adjustments to buildings or structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, and building or structure contents.
Sec. 38.700.110. – L definitions.
Letter of map change. An official response from FEMA upon review of an application to
amend or revise the FEMA special flood hazard area or flood insurance study for purposes of
flood insurance ratings or flood hazard determinations. FEMA letters of map change include:
(a) Letter of map amendment. A letter of determination from FEMA that amends the
special flood hazard area where a building or a portion of property is situated upon
natural ground that is higher than the base flood elevation and is thus not subject to
mandatory flood insurance.
(b) Letter of map revision based on fill. – A letter of determination from FEMA that
revises the special flood hazard area on a property based on the placement of sufficient
quantities of fill to elevate the property or portion thereof above the base flood elevation.
A building placed on fill must have its lowest floor, including the bottom of a crawlspace,
above the base flood elevation to avoid mandatory flood insurance.
(c) Letter of map revision - floodway. A letter of determination from FEMA that revises
the special flood hazard where a building or a portion of property is located on natural
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ground that is higher than the base flood elevation and has been inadvertently located
within the regulatory floodway and is thus not subject to mandatory flood insurance.
(d) Letter of map revision. An official FEMA revision to the effective flood insurance
study and flood insurance rate map incorporating physical changes to the floodplain that
alter the base flood elevation and location of special flood hazard areas.
Lowest Floor. Any floor of a building including a basement used for living purposes,
storage, or recreation. This includes any floor that could be converted to such a use.
Sec. 38.700.120. – M definitions.
Maintenance. For purposes of division 38.600, customary and historical cleaning and
removal of accumulated silt, branches, trees, sticks and other debris as well as minor repair or
restoration activities of existing buildings, structures or artificial obstructions to the size, shape,
position and height existing immediately prior to deterioration that are not substantial
improvements.
Sec. 38.700.130. – N definitions.
Natural Ground. The elevation of the ground surface existing at the time an area
becomes located within a FEMA special flood hazard shown on the effective flood insurance rate
that remains unaffected by construction techniques such as placement of fill, landscaping, and
berms.
No-rise. A technical analysis conducted in accordance with FEMA procedures and
certified by a qualified professional engineer that shows a proposed use, activity or artificial
obstruction located in the regulatory floodway causes a rise of no more than 0.00 feet to the
existing base flood elevation.
Non-residential buildings or structures. Buildings or structures that are not used for
residential purposes including commercial, industrial, institutional, agricultural and accessory
buildings or structures, and manufactured homes used for non-residential purposes.
Sec. 38.700.140. – O definitions.
Official floodplain maps. The flood insurance rate maps (FIRMs) and flood insurance
study (FIS) provided by the Federal Emergency Management Agency (FEMA) for the Gallatin
County, Montana, inclusive of the City of Bozeman, dated April 21, 2021 September 2, 2011
(FEMA FISFlood Insurance Study No. 30031CV001B 30031CV000A), and incorporating any
approved updates or revisions letters of map change listed pursuant to Sec. 38.600.110.A.1.
Owner. For purposes of division 38.600 an owner is any person or entity that has
dominion over, control of, or title to an artificial obstruction.
Sec. 38.700.160. – R definitions.
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Recreational vehicle. A vehicular-type portable structure without permanent foundation,
which is built on a single chassis; which is 400 square feet or less when measured at the largest
horizontal projection; which is designed to be self-propelled or permanently towable by a light-
duty truck; which is primarily designed not for use as a permanent dwelling but as temporary
living accommodations for recreational, camping and travel use and including, but not limited to,
travel trailers, truck campers, camping trailers and self-propelled motor homes less than eight
feet in width and 50 feet in length.
Regulated flood hazard area. Land area which has been specifically identified in Sec.
38.600.110 as subject to base flood hazards, which may consist of the special flood hazard area,
regulatory floodway, and flood fringe where specifically designated.
Regulatory floodway. That portion of the special flood hazard area designated by FEMA
in the official flood insurance study and flood insurance rate maps as being the regulatory
floodway that must be reserved in order to discharge the base flood without cumulatively
increasing the base flood elevation more than one half foot (0.5 feet).
Residential building. A building used as a permanent dwelling for human habitation.
Riprap. Stone, rocks, concrete blocks, or analogous materials that are placed along the
bed or banks of a watercourse or drainway for the purpose of preventing or alleviating erosion.
Sec. 38.700.170. – S definitions.
Scour depth. The maximum depth of streambed scour caused by erosive forces of the
base flood. Scour may be categorized as localized or general depending upon its location and
proximity to artificial obstructions.
Special Flood Hazard Area. Land area which has been specifically identified by FEMA
on a flood insurance rate map as being subject to the base flood. The special flood hazard area
contains the regulatory floodway. Any building with a federally backed loan located in the
special flood hazard is mandated by federal law to carry flood insurance.
Start of Construction. The commencement of clearing, grading, filling or excavating to
prepare a site for construction, and for purposes of division 38.600 start of construction includes
substantial improvement, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
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not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Substantial damage. For purposes of division 38.600, damage of any origin sustained by
a building or structure whereby the cost of restoring the building or structure to its before
damaged condition would equal or exceed fifty percent (50%) of the market value of the building
or structure before the damage occurred.
Suitable fill. Fill material which is stable, compacted, well graded, and pervious; not
adversely affected by water and frost; devoid of trash or similar foreign matter, tree stumps or
other organic material; and is fitting for the purpose of supporting the intended use, building, or
structure.
Sec. 38.700.170. – T definitions.
Temporary protective measures. A use, activity, or artificial obstruction that is readily
implemented upon commencement of a flooding emergency for the purpose of protecting
existing buildings, structures, and life safety that is not located in the channel of the regulatory
floodway and is readily removed upon cessation of the flooding emergency.
Section 7
CHAPTER 2, ARTICLE 2 – BOZEMAN CREEK be amended as follows with all remaining
text remaining as is:
Sec. 42.02.010. - Channel to be kept free from obstructions. Reserved
The channel of Bozeman Creek, throughout its course within the corporate limits of the city,
shall be preserved and kept at a minimum width of 12 feet in the clear, and kept free of all
obstruction unless and until it shall be otherwise ordered or permitted by the city commission by
ordinance or resolution duly adopted.
481
Ordinance 2057, Amending Floodplain Regulations of the Bozeman Municipal Code
Page 57 of 59
Sec. 42.02.020. - Narrowing, turning or obstructing channel prohibited; exception. Reserved.
Any person, firm, corporation or association who, directly or indirectly, or by any means
whatever or at all confines Bozeman Creek, in any part of its course through the corporate limits
of the city, to a narrower channel than is prescribed in section 42.02.010; or who alters, changes
or turns the same from its natural channel, or alters its course at any point within the corporate
limits of the city, except in pursuance of and in accordance with an ordinance or resolution of the
city commission duly passed and adopted; or who builds, throws, deposits or, in any manner or
at all, places any obstruction in the channel of the creek within the corporate limits of the city,
shall be deemed guilty of a violation of this article.
Section 8
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 9
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 10
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 11
Codification.
The provisions of Section 1 through Section 7 shall be codified as appropriate in the
Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to
reflect the changes in this ordinance.
Section 12
482
Ordinance 2057, Amending Floodplain Regulations of the Bozeman Municipal Code
Page 58 of 59
Effective Date.
This ordinance shall be in full force and effect on April 21, 2021.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 23
rd
day of February, 2021.
____________________________________
Cynthia L. Andrus
Mayor
ATTEST:
_________________________________
Mike Maas
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ________
day of March, 2021.
____________________________________
Cynthia L. Andrus
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
483
Ordinance 2057, Amending Floodplain Regulations of the Bozeman Municipal Code
Page 59 of 59
APPROVED AS TO FORM:
____________________________________
Greg Sullivan
City Attorney
484
Memorandum
REPORT TO: City Commission
FROM: Jeff Mihelich, City Manager
Anna Rosenberry, Assistant City Manager
Chuck Winn, Assistant City Manager
Greg Sullivan, City Attorney
Melody Mileur, Communications Coordinator
Mike Maas, City Clerk
SUBJECT: Board Consolidation
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Policy Discussion
RECOMMENDATION: No action necessary.
STRATEGIC PLAN: 1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND: At the January 12, 2021 meeting of the Bozeman City Commission, the
Commission identified the Strategic Plan priorities for 2021. Among them
included direction to the City Manager to pursue efforts to consolidate city
boards. This item would complete Strategic Plan item 1.2.a calling for the
enhancement of city committees and boards.
Why consolidate city boards?
A consolidated structure of the current city boards would keep all the
function of the current boards, align functions to the Strategic Plan, while
also making boards more effective and efficient overall. The goals for this
work includes streamlining board work, increasing transparency in the
function and role of boards, improving collaboration between staff, boards
and the City Commission, making boards more equitable and inclusive to all
community members, and finally modernizing the board structure to a more
sustainable model.
Improving the function of city boards:
City staff have done an initial review of city boards and process and have
identified two key components that contribute to achieving the goal of
effective and efficient boards.
High Performing Boards – City staff are currently working to clearly
define the process for developing boards that function at a high level.
This includes clearly identifying methodology for recruiting and
485
membership, onboarding, developing work plans, running an efficient
meeting, and increasing communication.
Board Consolidation – As directed by the City Commission staff
propose a process for consolidating most of the city boards to reduce
the overall number of boards and ultimately empower city boards and
their function.
Process for consolidation of boards:
Staff propose utilizing six key pillars to bring the work of current boards
together in a collaborative and unified process. The pillars are:
Safe Community - Bozeman provides a safe and healthy place to live,
work, learn, and play.
Sustainability (Environmental, Social, Economic) - Bozeman cultivates
a strong environmental ethic, protects clean air, water, outdoor
spaces, climate, promotes environmentally sustainable businesses and
lifestyles, and supports equitable opportunities for all to thrive.
Parks and Open Space - Bozeman grows, maintains and preserves the
natural resources in the City for all those who live and visit the area.
Transportation - Bozeman builds and supports a robust and efficient
transportation network and system.
Community Development - Bozeman consistently improves the
community’s quality of life as it grows and changes, honors sense of
place and neighborhood feel, and plans for a livable, affordable, more
connected city.
Cultural Services - Bozeman provides and expands access to diverse
cultural and recreational amenities.
Through an engagement process with all board Chairs, staff will work to
collect input and have boards identify the pillar that represents the functions
and work currently conducted by the existing board. The goal is to ensure
that the functions of current boards are reflected in these six boards.
UNRESOLVED ISSUES: Areas of additional review:
Staff recognize that additional research and review may be required to
determine the best way to bring as many boards into the proposed structure
as possible. Staff will continue to work within the requirements of Montana
Code Annotated, Bozeman Municipal Code, and other legislative
requirements to ensure that board consolidation is completed
appropriately.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: None.
Report compiled on: February 11, 2021
486
Memorandum
REPORT TO: City Commission
FROM: Tanya Andreasen, Community Housing Program Manager
Martin Matsen, Community Development Director
SUBJECT: Public Hearing of Four (4) Community Housing Projects that are Applying for
Real Property Tax Exemption from Montana Board of Housing
MEETING DATE: February 23, 2021
AGENDA ITEM TYPE: Citizen Advisory Board/Commission
RECOMMENDATION: None. This hearing is to provide opportunity for public comment. No action
is required of the City Commission.
STRATEGIC PLAN: 4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:
Per Montana Code Annotated 15-6-221, applicants to the Montana State
Department of Revenue's tax exemption programs should request a public
hearing to solicit public comment from the community. It states that "the
unit of local government where the proposed project is to be located shall
give due notice, as defined in 76-15-103, and hold a public hearing to solicit
comment on whether the proposed qualifying low-income rental housing
property meets a community housing need. A record of the public hearing
must be forwarded to the board of housing.”
The statute further indicates that no findings must be made by the City
Commission. The objective of the public hearing is to solicit comments.
Public notice must occur prior to the public hearing, and be published 14
days apart. The publication dates for the noticing of each of the four projects
presented in this hearing are the 7th and 21st of February, 2021.
This hearing will call for public comment on four community housing related
projects. Each project has been noticed according to the statutory
487
requirements. The objective of this hearing is to formally allow for members
of the community to give input on each project and how it benefits our
community. No other action is required. Attached to this memo are
materials related to each project in the order they are listed below, including
a cover memorandum with statutory requirement information, and a
narrative project description. The four projects are as follows:
Project Name Applicant Project Type
Target
household
income (%
Area Median
Income)
Project type
Bridger Peaks
Village
Apartments
Hearthstone
Group, LLC
72 Income and
rent restricted
units
100% units
affordable to
households
earning 60%
AMI or less
preservation
Darlinton
Manor and
Boulevards
Apartments
Good Housing
Partnership,
HRDC IX
Homes
designated for
elderly/disabled
persons:
100 subsidized
units;
41 subsidized
units
Currently 85
subsidized
(rent = 30%
income);
39 of 41 units
subsidized
(rent = 30%
income)
preservation
and
rehabilitation
Arrowleaf
Park and
Perennial
Park
GMD
Development,
HRDC IX non-
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: None.
Attachments:
Bridger Peaks packet materials.pdf
Darlinton Boulevards packet materials.pdf
Arrowleaf Perennial packet materials.pdf
Castlebar packet materials.pdf
Report compiled on: February 1, 2021
489
490
Bridger Peaks Apartments
Executive Summary
Property Description
Bridger Peaks Apartments is located at 1483 N. 15th Avenue in Bozeman, Gallatin County, Montana. The property
consists of 57 two-bedroom units and 15 three-bedroom units (72 units total) across 1 residential building. Property
amenities include a clubhouse/community room, courtyard, elevators, library, exercise facility, central laundry, on-
site management, picnic areas and recreation areas (on-site walking path). Unit amenities include blinds, central
heating and air conditioning, grab bars and handrails. Kitchen appliances include a garbage disposal, oven/stove,
refrigerator and dishwasher. There are 18 garages available for rental on site.
Bridger Peaks is currently income and rent restricted by regulatory agreements with the Montana Board of Housing
through 2049. 100% of the units are designated to be rented at affordable levels to tenants earning 60% of AMI or
less.
Management
The property is currently managed by Tamarack Property Management. Tamarack has extensive history in
managing affordable properties in Montana and currently oversees a portfolio of over 1,400 affordable units in
Montana, in addition to conventional, commercial and HUD properties in Montana, Wyoming and Utah.
DevCo Mission Statement
DevCo Preservation uses its extensive experience in the management, construction and financing of affordable
housing to revitalize existing properties and build long lasting communities. By planning extensive renovations and
making long-term affordability commitments DevCo Preservation provides quality, affordable housing in growing
markets where it is needed most.
491
492
Boulevards Apartments and
Darlinton Manor Preservation
493
The Boulevards
6 West Babcock
41 units (39 subsidized S8MR)
3 studio, 36 one bedroom, 2 two bedroom
494
Darlinton Manor
606 North 5th
100 units (85 subsidized PBS8)
32 Studio, 68 one bedroom
495
• Both buildings are elderly/disabled designated
• Very low, often fixed incomes
• Boulevards: 41 units (39 with current subsidy)
• Darlinton: 100 units (85 with current subsidy)
• Acquisition rehab process would add 17 subsidized units
• Subsidies ensure that residents pay 30% of income toward
rent
Current Residents
496
Where does preservation fit in?
Darlinton/Blvds
Arrowleaf/Perennial
Willow Springs
Warming Center
497
About 38% of Bozeman’s low-income renters earn below 30% of AMI
Bozeman Housing Needs
498
Scope of work - Boulevards
• Electrical rewiring/systems upgrades
• Sprinkler system install
• New elevator
• Windows
• Roof
• Accessibility upgrades
• Units
• Appliances
• Cabinets
• Flooring
• Fixtures
499
Scope of work - Darlinton
• Windows
• Roof
• Accessibility upgrades
• Units
• Appliances
• Cabinets
• Flooring
• Fixtures
500
501
502
Montana Board of Housing
September 15, 2020
503
Parks, Trails, &
Wetlands Map
504
505
506
Project Rendering (looking NE)
507
• 1, 2-bedroom floorplans in single, 3 story, elevator served building
• Seniors with incomes served ranging from 50-70% of median area income (below 60% average)
Perennial Park: 96 Affordable Apartment Homes for Seniors, 55+
508
Community Health Partners
• 16,700 sf health clinic offering low cost medical, dental, behavioral health and a pharmacy
• Building will be leased to CHP at no cost for compliance period.
• Ownership of the building to be transferred at no cost to Community Health Partners at the end of
the 15-year compliance period.
509
• Solar PV and solar thermal to offset electricity cost
• Leasing / Community space with library, exercise room, kitchen, outdoor seating area
• Walking trails with senior specific exercise stations
• Covered bicycle parking
• Walkable location to many retail and services along 19th
Avenue
Perennial Park: 96 Affordable Apartment Homes for Seniors, 55+
510
Arrowleaf Park: 136 Affordable Apartment Homes for Families
• 1, 2- and 3-bedroom flats, and 3-bedroom townhomes
• Family incomes served range from 50-70% of median area income (below 60% average)
511
• Solar PV and solar thermal to offset electricity cost
• 2 playgrounds and walking trails
• Covered bicycle parking
• Walkable location to many retail and services along 19th
Avenue
Arrowleaf Park: 136 Affordable Apartment Homes for Families
512
Leasing / Community Building
• Large gathering space with kitchen for tenant events
• Outdoor patio with playground
513
• 18,000 sf early childhood learning center for up to 96 children.
• Sliding scale fees based on household income.
• Collaboration with MSU’s early childhood education department for onsite training with observation deck.
• Programming planned with MSU’s health and human development to assist in inter-generational programs with
students and seniors at Perennial Park.
• Building leased at no cost to Family Promise, with ownership of the building to be transferred at no cost to
Family Promise at the end of the 15-year compliance period.
Family Promise
514
515
Letter of Intent
to Land Seller
PUD neighbor
approvals
City of Bozeman,
PUD approval Bond applications
Land Purchase
MBOH Board
meeting
Tax exempt
construction loan and
tax partnership closing
Construction start
Construction
completion
Full occupancy
8609s and
permanent loan
closing
Feb 2018 Sept 2019 Aug 2020 Sept 2020 Oct 2020 Sept 2020 March 2022 June 2022 Oct 2022
Aug2020 2020 Aug
4.5 years of active development work
Project Timeline
516
517
Castlebar Apartments
Executive Summary
Property Description
Castlebar Apartments is located at 1201 N. 25th Avenue in Bozeman, Gallatin County, Montana. The property
consists of 57 two-bedroom units and 15 three-bedroom units (72 units total) across 12 residential buildings, a
community building and three garages. Property amenities include a clubhouse/community room, playground, picnic
area and an on-site manager. Unit amenities include balconies/patios, blinds, central heating and air conditioning,
ceiling fans, walk-in closets and in-unit washer/dryer connections. Kitchen appliances include a garbage disposal,
oven/stove, refrigerator and dishwasher. There are 18 garages available for rental on site.
Castlebar Apartments was originally built in two 36-unit phases. Each phase is currently income and rent restricted
by regulatory agreements with the Montana Board of Housing for a total of 40 years from the initial construction
with phase I being restricted through 2040 and phase II through 2043. Approximately 90% of the units are
designated to be rented at affordable levels to tenants earning 60% of AMI or less.
Management
The property is currently managed by Tamarack Property Management. Tamarack has extensive history in
managing affordable properties in Montana and currently oversees a portfolio of over 1,400 affordable units in
Montana, in addition to conventional, commercial and HUD properties in Montana, Wyoming and Utah.
518
DevCo Mission Statement
DevCo Preservation uses its extensive experience in the management, construction and financing of affordable
housing to revitalize existing properties and build long lasting communities. By planning extensive renovations and
making long-term affordability commitments DevCo Preservation provides quality, affordable housing in growing
markets where it is needed most.
519
profit partner
96 rentals for
Seniors (55+);
136 rental
homes for
families
incomes
between 50-
70% AMI
new
construction
Castlebar
Apartments
Hearthstone
Group, LLC
72 Income and
rent restricted
units.
90% of units
affordable to
households
earning 60%
AMI
preservation
488
p.4 Undo the Timewaster with GeoAdaptor
p.4 Smart Geospatial Practices and Applications
p.5 Implementing State of the Art Technology
on a Budget
p.6 The Smart City Evolution
INSIDE this issue
THE THECITY SMART EvCoIlTuYtion
293
view of the data most important to the
viewer.
• Story Maps – A Story Map is an
extraordinary tool that allows creation of
inspiring geospatial stories by combining
text, interactive maps, and other
multimedia content. This application
harnesses the power of maps and
geography to tell a story.
Departmental needs were addressed at the
City to provide integrated utilization of GIS at
the Enterprise level. GTG recommended the
Building Department implement a Building
Permit App and Dashboard, a Hurricane
Preparedness Dashboard, and a Damage
Assessment App. The Police Department
recommendations included a Command
Center Dashboard integrated with their RMS,
a Hazard Mitigation and Preparedness App, a
Crime Mapping App and Dashboard, a public-
facing Story Map, and ArcGIS Insights for
crime analysis. The Public Works Department
received recommendations for implementing
a Parks Amenities App, Street and Drainage
Asset Management App and Dashboard, Solid
Waste Routing and Scheduling App, and a
Park Asset Inventory with GTG’s GreenCityGIS
suite of services.
Detailed recommendations were also included
for Code Enforcement, Animal Control, the
City Marina, the Engineering Department,
and Planning Department. Further enterprise
recommendations included My Government
Services App, crowdsourcing applications like
Survey123, field data collection (Collector
for ArcGIS and ArcGIS Quick Capture), and
work order management with Workforce for
ArcGIS. All recommendations were presented
to the city in order of priority and efficiency
for department teams.
With needs prioritized, GTG’s team delivered
the strategic plan for GIS implementation.
Detailed steps were included for all ten
high-priority GIS projects, and included the
purpose, outcome, and best practices. The
next step was to present the final findings
to key Fort Pierce stakeholders. Discussions
took place to determine the needed budget
and to set a step-by-step schedule for full
implementation. GTG also included a plan for
maintaining GIS applications, which created a
sustainable strategy for the City of Fort Pierce.
The GIS strategic planning process helped the
City of Fort Pierce understand their existing
GIS conditions, identify needs, and build a
long-term plan for healthy and sustainable
growth. Benefits of GIS implementation
include a more informed and engaged public,
more efficient communication between
departments, and streamlined data sharing.
With staged implementation, GIS is truly
scalable and sustainable.
To learn more about GIS roadmaps and strategic
planning, visit GISPlan.com. You can also reach
a GIS expert at 888.755.0422 or via email to
moreinfo@geotg.com.
292
integrated with the interface. GeoAdaptor pulls
data from any city resource and puts it on
the map to spatially enable information. This
innovative software can create new digital data
layers with unique user-defined attributions.
Users can combine and merge data attributes
from multiple sources to create unique GIS
layers for analysis. GeoAdaptor is used to
schedule multiple database manipulation
routines, including real-time geocoding,
reporting, layer output, spatial overlay analysis,
and database export to run every minute, every
hour, or every day.
GeoAdaptor is a must-have tool for all agencies
and ensures the vital information you need is
always at your fingertips. Call us at 888.757.4222
for a no obligation, no pressure demonstration.
You can also learn more at GeoAdaptor.com.
An Altogether Different Language
SMART GEOSPATIAL PRACTICES AND APPLICATIONS IN LOCAL GOVERNMENT:
Automate and Analyze
O
4 888.757.4222 • www.geotg.com
UNDO THE TIMEWASTER:
The Author, Mr. David Holdstock, BA, MS, is a
GIS Professional and CEO who co-established and
incorporated Geographic Technologies Group in
1997.
Smart Geospatial Practices and Applications in
Local Government is the guide that details our
future GIS applications and practices in local
government. It is available now on Amazon.com.
291
pillars provide guidance for the development
of GIS key performance indicators (KPIs) and
benchmarking analysis.
A Smart City implements and maintains
state-of-the-art GIS procedures, protocols,
and standards across all departments. It
is a complete GIS ecosystem with big data
analytics, certified and trained users, and an
enterprise-wide IT infrastructure. Smart Cities
utilize geospatial technology for outreach,
engagement, interaction, and feedback, both
internally and with the public. It maintains a
hybrid and regionalized governance model
with a full suite of Smart City technology.
Innovative GIS Strategic Planning in 2020
considers five key attributes. It is strategic,
enterprise, sustainable, scalable, and
enduring. Our strategic GIS planning
philosophy includes a methodology that
is deliberate, considered, intentional,
and tactical, supported by well-calculated
planning and decision-making.
Within the GIS Strategic Planning process,
there are three phases and seven steps.
Phase One includes the first four steps: an
online questionnaire for stakeholders; a
kick-off meeting and technology seminar;
departmental interviews, and a GIS Needs
Assessment and findings presentation. Phase
Two is the development of alternative system
designs to help an organization decide on the
best system for their GIS strategy. And the
final phase is steps six and seven: a Business
Plan and ROI Analysis along with the delivery
of the GIS Strategic Plan.
ESRI ECOSYSTEM AND INNOVATIVE
SOLUTIONS
GIS Strategic Planning leads directly to
the design and implementation of custom
software and data processing and storage
solutions. Esri software and tools are
leveraged for local governments around the
world. The Esri ecosystem includes solutions
for departmental use, mobile field tools, and
community engagement across desktop, web,
and mobile applications. There are a plethora
of options for implementation including
ArcGIS Hub, Operational Dashboards, ArcGIS
Map Viewer, Open Data portals, Story Maps,
Workforce, the Collector App, and ArcGIS
Online, just to name a few.
GTG has also developed tailored GIS software
solutions for all sectors of local government.
GISPlan focuses on Enterprise GIS Strategic
Planning. SafeCityGIS provides geospatial
solutions for Public Safety. GreenCityGIS is
a suite of software and services specifically
for Parks and Recreation Departments.
UtilityCityGIS is GIS built for the needs of
Public Works and Utilities. FiberCityGIS
provides telecommunications planning,
design, analysis, and software management
solutions. And, finally, SmartCityGIS is a
comprehensive business line to house
geosmart solutions for all government
organizations.
THE FUTURE OF GEOSPATIAL MANAGEMENT
With a projected 9.8 billion people living
in the world by the year 2050, geo-smart
government will play a significant role in the
management of our future towns, cities, and
counties. Allowing geospatial science to guide
decisions will align growth with the needs of
all citizens and public service delivery.
CONCLUSION
Smart City technologies create a system
of systems, sustainable communities,
regionalization of GIS, and (ultimately) a
total GIS ecosystem. As you work to build a
successful GIS program for your organization,
keep in mind the history of GIS, potential
challenges you will face, strategic planning
considerations, the plethora of available
tools, gaining decision-makers’ buy-in, and
preparing for an innovative future. The future
is the present; We react, we do not predict.
This content is adapted from our
exclusive webinar series with GISP
and GTG CEO, David Holdstock
Password: GTGbli10
290
approximately 4,500 acres. ORNL has about
5,100 staff and hosts more than 3,200 guest
researchers and visitors on site each year.
To support the campus and its personnel, ORNL
operates the Laboratory Emergency Response
Center that answers 911 calls and an average
of 2,100 non-emergency calls (such as power
outages and water leaks) each month. While
ORNL had an existing Esri Enterprise license
and base GIS maps of the laboratory site, they
were looking to improve their Computer-Aided
Dispatch (CAD) and add mobile tools and
Automatic Vehicle Location (AVL) technology.
In October 2019, Geographic
Technologies Group (GTG)
partnered with Professional and
Technical Software Solutions (dba
PTS Solutions) to provide a new
CAD system integrated with GIS
for Dispatch and Mobile Mapping
with AVL. To streamline ORNL
operations, GTG installed Vantage
Points Dispatch integrated with
PTS Platinum CAD, Vantage
Points Mobile integrated with
PTS Platinum CAD, and Vantage
Points AVL.
With these Dispatch, Mapping, and CAD
solutions in place, institutions can experience
quicker emergency response, increased
efficiencies, more accurate data, and a
streamlined dispatch and incident response
process. “Our dispatchers and responders
need tools that improve their ability to
mitigate emergency and non-emergency
incidents,” said Keith Yahr, ORNL Laboratory
Shift Superintendent. Historical data is at their
fingertips for data-driven decision making, and
the complex is now well-prepared for both
emergency and non-emergency events.
All Vantage Points products are part of the GTG
SafeCityGIS suite and are now referenced by the
SafeCity brand name only. For more information,
please visit SafeCityGIS.com or reach out to our
team at 888.757.4222 or moreinfo@geotg.com.
888.757.4222 • www.geotg.com
Irvine Elevates Park Planning with LiDAR and 3D Imagery
As a Geospatial Smart City,
GIS Technology Simplifies E911
Dispatch and Emergency Response
O
Orange County Great Park
Overview Map
Analysis of spatial
coverage and resolution of
the LiDAR data.
SafeCityGIS Vantage
Points Viewer
289
GIS implementation.
Gwinnett County,
Georgia used their EP
to show how ingrained
their multi-decade GIS
program is to the success
of the County. Bay County, Florida’s GIS EP
focused on its numerous success stories
supporting emergency management and
acting as the information hub for the county.
Jennifer Morgan, GIS Manager at Bay County,
explains, “The GIS EP was a perfect way for us
to showcase our GIS program to executives
and the public. Decision-makers went from
knowing that a GIS existed to understanding
that it was indispensable.”
For more information and/or a remote
presentation for your team, contact Curt
Hinton at chinton@geotg.com.
To view the Bay County EP follow this link -
https://fliphtml5.com/otxj/ivoz/
HOW TO ENSURE GIS SUSTAINABILITY IN
888.757.4222 • www.geotg.com 1
A
888.757.4222 | DECEMBER 2020
Location Matters
HOLIDAY EDITION
Bay County’s Success Stories
City of Lawrenceville’s KPIs
288
CERTIFICATIONS
Graduate Certificate in Geographic
Information Systems
AWARDS
• Esri Cornerstone Partner Award
• Esri Business Partner of the Year
• 2017 Esri Partner Award Winner:
Best Citizen Engagement Award
• Multiple Esri Local Government
Special Achievement (SAG) Awards
• 2017 URISA Best Web GIS
• 2017 URISA Best Public-Sector GIS
PROFILE
TECHNICAL SKILLS
ESRI’s Suite of GIS Software, ArcGIS
Enterprise, ArcGIS Online, SQL Server,
Python, FME, JavaScript, R/RStudio,
HTML5, CSS, Microsoft Excel and other
Office products, Transact-SQL, Plotly,
React, Node.js, Postgres, C#,
Powershell, Git, ObjectiveC
283
• Experience migrating hosted data in ArcGIS Enterprise and ArcGIS
Online.
• Builds and Deploys custom GIS and spatial applications for local
government
• Develops solutions to address organization’s data and GIS needs
• Implements Enterprise GIS Solutions
• Quality assurance and quality control (QA/QC) Procedures
• Enterprise migrations, application development and geoprocessing
development
• Enterprise GIS design and administration, full-stack development
• IT management and education
SIMILAR PROJECTS
Seminole Tribe of Florida, FL- GIS Data Assessment, data
management workflows and practices, evaluate risks, and generated
a prioritized data maintenance and security plan
City of Lathrop, CA- Implement Web GIS using Esri’s ArcGIS
Enterprise platform, Consolidated geodata footprint, architecture
design
City of Lawrenceville, GA- Data Maintenance and Improved
Performance Solutions, Data Architecture BBP, Integration Tool
Development, File, Enterprise, and Hosted Solution Deployment
City of Vancouver, WA- Full GIS deployment of ArcGIS Enterprise
and Geodatabases, detailed data migration plan and configuration
for new data maintenance and database management workflows
282
City of Lawrenceville, GA- Data Maintenance and Improved
Performance Solutions, Data Architecture BBP, Integration Tool
Development, File, Enterprise, and Hosted Solution Deployment
City of Roswell, GA- Integration Tool Development, File, Enterprise,
and Hosted Solution Deployment, File, Enterprise, and Hosted
Solution Deployment
Seminole Tribe of Florida, FL- GIS Data Assessment, data
management workflows and practices, evaluate risks, and generated
a prioritized data maintenance and security plan
TECHNICAL SKILLS
ESRI’s Suite of GIS Software, ArcGIS
Server, ArcGIS Online, Socrata Open
Data & Open Performance, SQL Server,
Management Studio, Transact-SQL,
Microsoft Excel, Plotly, R/RStudio,
HTML5, CSS, JavaScript, React, Node.js,
Postgres, C#, Powershell, Git,
ObjectiveC
MA
BA
281
City of Morgan Hill, CA- GIS System Architecture Design, Strategic Plan,
GIS Data Services, Geodatabase Implementation, leveraging Esri’s ArcGIS
Enterprise/ArcGIS Online platforms
Seminole Tribe of Florida, FL- GIS Data Assessment, data management
workflows and practices, evaluate risks, and generated a prioritized data
maintenance and security plan
City of Lawrenceville, GA- Data Maintenance and Improved
Performance Solutions, Data Architecture BBP, Integration Tool
Development, File, Enterprise, and Hosted Solution Deployment
City of Vancouver, WA- Full GIS deployment of ArcGIS Enterprise and
Geodatabases, detailed data migration plan and configuration for new
data maintenance and database management workflows
PUBLICATIONS
Author of :
2016 Strategic GIS Planning and
Management in Local Government
2020 – Smart Geospatial Practices and
Applications in Local Government
MS
280
CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE, OR LOSS OF USE OF
ANY PRODUCT, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES,
COST OF CAPITAL, COST OF SUBSTITUTED EQUIPMENT, FACILITIES OR SERVICES,
DOWNTIME COSTS, LABOR COSTS, OR DIMINUTION OF VALUE.
ST Engineering LeeBoy, Inc.
500 Lincoln County Parkway Ext
Lincolnton, NC 28092
www.LeeBoy.com
190
(None)
Sent: 3/19/2020 1:50:40 PM
Viewed: 3/19/2020 1:57:32 PM
Electronic Record and Signature Disclosure:
Accepted: 3/19/2020 1:57:32 PM
ID: 68a79320-f9b6-493b-a905-f7b8f8852e41
105