HomeMy WebLinkAbout07-20-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Videoconference
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Stewart)
F.2 Authorize City Manger to Sign a Notice of Award with Montana Lines, Inc. for Operation and
Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme(Cope)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 20, 2021
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If you are interested in commenting in writing on items on the agenda please send an email to
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please be patient in helping us work through this online meeting.
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You may also send the above information via text to 406-224-3967. As always, the meeting will be
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F.3 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown
Bozeman Business Improvement District for Parking Garage Cleaning Services for FY
22(Veselik)
F.4 Authorize the City Manager to Sign a Professional Services Agreement with The Nest
Collective to Provide Consulting and Design Services for Facilities Bond and Housing Mill Levy
Education(Mileur )
F.5 Authorize the City Manager to Sign a Professional Services Agreement with Bridger
Analytical Lab to Perform Specific Water Sample Analysis for the Water Treatment Plant to
Maintain Compliance with DEQ and EPA Requirements(Miller)
F.6 Resolution 5321 Authorizing the City Manager to (1) Enter into a Memorandum of
Understanding with the Gallatin Valley Land Trust Describing the Terms of the West Side
Connections and Wayfinding Project and (2) Enter into a License Agreement with GVLT for
Project-related Work Within Parks(Jadin)
F.7 Resolution 5322, Declaring an Emergency to Exempt the 2021 Pear Street Booster Station
Water Main Repair Project from Advertisement for Bids Pursuant to Sec. 7-5-4303 MCA and
Authorizing the City Manager to Sign a Notice of Award with Duneman Construction, Inc. to
Complete the 2021 Pear Street Booster Station Water Main Repair Project at a Cost of
$96,910.00 as well as Contract Documents Once Received(Heaston)
F.8 Ordinance 2076, Final Adoption Generally Revising the Regulations of Firearms and Other
Weapons in City Facilities(Saverud)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. 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.
H.Action Items
H.1 Bridger Meadows Preliminary Planned Unit Development, Application 20350 (Quasi-
judicial)(Rosenberg)
H.2 Bridger Meadows Major Subdivision Preliminary Plat, Application 20351 (Quasi-
judicial)(Rosenberg)
H.3 Bozeman Gateway Phase 4 Major Subdivision, Application 19436 (Quasi-
judicial)(Rosenberg)
H.4 1919 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning
Designation of R-2 for a property Addressed at 1919 Bridger Drive, Application
21123(Rogers)
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I.FYI / Discussion
J.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.
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Memorandum
REPORT TO:City Commission
FROM:Levi Stewart, Interim Accounting Technician
Kristin Donald, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:July 20, 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:None
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 Interim
Accounting Technician Levi Stewart.
Report compiled on: July 8, 2021
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Memorandum
REPORT TO:City Commission
FROM:Emily Cope, Economic Development Director - Downtown Bozeman
Partnership
SUBJECT:Authorize City Manger to Sign a Notice of Award with Montana Lines, Inc. for
Operation and Maintenance of Decorative Lighting on Rouse Avenue from
Main to Lamme
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Notice of Award to Montana Lines,
Inc. for the total Base Bid of $128,518.00, and final contract documents once
received pending legal review.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:The Rouse Streetscape Project between Main Street and Lamme Street is
one of the finishing steps of the entire Rouse project while improving street
lighting and expanding the decorative historic streetlamps through
downtown. The bid was advertised in June 2021. Bids were opened on May
30, 2021 with one bid submitted. The only bid was submitted by Montana
Lines, Inc. for the Total Base Bid of $128,518.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The Commission approved funding for this project in the Downtown Urban
Renewal District’s FY21 budget ($80,000). While the bid came back higher
than budgeted, the Downtown URD has adequate funding to complete this
project.
Attachments:
CC Memo Rouse Streetscape Project.docx
Notice of Award Rouse.pdf
20210702-B19-096 Recomendation to Award.pdf
Report compiled on: July 8, 2021
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Commission Memorandum
REPORT TO:Honorable Mayor and City Commission
FROM:Emily Cope, Economic Development Director,
Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign Notice of Award to
Montana Line, Inc. and Final Contract Documents Once
Received Pending Legal Review
MEETING DATE:July 21, 2021
AGENDA ITEM TYPE: Consent
RECOMMENDATION:
Authorize the City Manager to Sign the Notice of Award to Montana Lines,
Inc. for the total Base Bid of $128,518.00, and final contract documents once
received pending legal review.
BACKGROUND:
The Rouse Streetscape Project between Main Street and Lamme Street is one
of the finishing steps of the entire Rouse project while improving street lighting and
expanding the decorative historic streetlamps through downtown. The bid was
advertised in June 2021. Bids were opened on May 30, 2021 with one bid submitted.
The only bid was submitted by Montana Lines, Inc. for the Total Base Bid of
$128,518.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS:
The Commission approved funding for this project in the Downtown Urban
Renewal District’s FY21 budget ($80,000). While the bid came back higher than
budgeted, the Downtown URD has adequate funding to complete this project.
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ATTACHMENTS:
1. Notice of Award to Montana Lines, Inc.
2. Award Recommendation
3. Bid Sheet and Bid Tabulation
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Notice of Award – Page 1 of 1
EJCDC C-510
Prepared by the Engineers Joint Contract Documents Committee
Notice of Award.doc
Revised January 2010
Notice of Award
Dated
You are notified that your Bid dated July 1, 2021 for the above Contract has been considered. You are the
Successful Bidder and are awarded a Contract for Schedules I and II.
The Contract Price of your Contract is One Hundred Twenty Eight Thousand Five Hundred Eighteen and
00/100 Dollars ($128,518.00).
5 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
2 sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of
Award.
1. Deliver to the Owner [5] fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), [and] General Conditions (Paragraphs 2.01 and 5.01) [and
Supplementary Conditions (Paragraph SC-2.01).]
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award and declare your Bid security forfeited.
Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed
counterparts of the Contract Documents.
Owner
By:
Authorized Signature
Title
Copy to Engineer
Project: Rouse Avenue Lighting Between Main Street and Lamme Street
Owner:
City of Bozeman
Owner's Contract No.:
N/A
Contract: Rouse Avenue Lighting Between Main Street and Lamme Street Engineer's Project
No.: B19-096
Bidder:Montana Lines, Inc
Bidder's Address: (send Certified Mail, Return Receipt
Requested): 2800 Upper River Road
Great Falls MT, 59405
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MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA
406.586.0277
tdhengineering.com
234 East Babcoc k Street
Suite 3
Bozeman, MT 59715
July 2, 2021
Ellie Staley, Executive Director
Bozeman Downtown Partnership
222 East Main Street, Suite 302
Bozeman, MT 59715
RE: ROUSE AVENUE LIGHTING BETWEEN MAIN STREET
AND LAMME STREET, BOZEMAN MT
TD&H ENGINEERING JOB NO. B19-096
Dear Ms. Staley,
TD&H has tabulated the bids from local contractors for the Rouse Avenue Lighting Between
Main Street and Lamme Street Project. The single contractor who submitted a bid is
Montana Lines, Inc. The bid was submitted to the City of Bozeman on July 1, 2021 prior to
the 2:00 PM deadline established in the bidding documents. The tabulated bid is detailed
and attached including the engineer’s opinion of probable cost.
The single bid for the project is Montana Line, Inc. with a total bid of $128,518.00 for all
schedules. TD&H is familiar with Montana Line, Inc. and has recent experience with the
Contractor on projects of similar size and scope.
TD&H recommends the Bozeman Downtown Partnership enter into negotiations with
Montana Lines, Inc. for the Rouse Avenue Lighting Between Main Street and Lamme Street
Project. TD&H has verified that Montana Lines has included the following in their bid:
signed discrimination form, a performance and payment bond, and signed acknowledgment
of addendum.
Once we have your authorization, TD&H will initiate a contract and notice of award, set up
a preconstruction meeting, and oversee the construction of the project.
Please let me know if you have any questions.
Sincerely,
Sutton Johnson, EI
Civil Engineer
TD&H ENGINEERING
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Rouse Avenue Lighting Between Main Street and Lamme StreetBid Tabulation 07/01/2021ITEMEST.NO.QTY101 MOBILIZATION 1 LS 5,700.00$ 5,700.00$ 6,000.00$ 6,000.00$ 102 TRAFFIC CONTROL1 LS 5,000.00$ 5,000.00$ 11,000.00$ 11,000.00$ 103 PROTECT EXISTING STRUCTURES AND UTILITIES1 LS 5,000.00$ 5,000.00$ 500.00$ 500.00$ SCHEDULE 1 - GENERAL TOTAL 15,700.00$ TOTAL 17,500.00$ 201 SAW CUT EXISTING ASPHALT/CONCRETE185 LF 5.00$ 925.00$ 5.00$ 925.00$ 202 REMOVE AND REPLACE EXISTING ASPHALT42 SY 26.00$ 1,092.00$ 5.00$ 210.00$ 203 REMOVE AND REPLACE EXISTING SIDEWALK255 SF 16.00$ 4,080.00$ 25.00$ 6,375.00$ 204 STRUCTURAL CONCRETE POLE FOUNDATION20 EA 1,900.00$ 38,000.00$ 2,400.00$ 48,000.00$ 205 CONDUIT, 2.0" PVC, SIDEWALK-BOULEVARD TRENCH108 LF 29.00$ 3,132.00$ 71.00$ 7,668.00$ 206 CONDUIT, 2.0" PVC, STREET TRENCH68 LF 29.00$ 1,972.00$ 80.00$ 5,440.00$ 207 CONDUCTOR, COPPER, #10 AWG, LIGHTING & GROUND3,700 LF 3.00$ 11,100.00$ 2.00$ 7,400.00$ 208 INSTALL OWNER SUPPLIED DECORATIVE LIGHT POLE AND LUMINAIRE ASSEMBLY 20 EA 1,500.00$ 30,000.00$ 1,600.00$ 32,000.00$ 209 ELECTRICAL SERVICE1 EA 8,500.00$ 8,500.00$ 3,000.00$ 3,000.00$ SCHEDULE 2 - STREETSCAPE IMPROVEMENTS TOTAL 98,801.00$ TOTAL 111,018.00$ 114,501.00$ 128,518.00$ Kyle Scarr P.E. 16813TD&H EngineeringDate: July 1,2021MONTANA LINES, INC.UNIT PRICE AMOUNTBASE BID TOTAL: SCHEDULE 1 - GENERALSCHEDULE 2 - STREETSCAPE IMPROVEMENTSUNIT PRICE AMOUNTDESCRIPTIONUNITENGINEER'S ESTIMATE11
Memorandum
REPORT TO:City Commission
FROM:Michael Veselik, Interim Parking Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Business Improvement District for Parking Garage
Cleaning Services for FY 22
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:Renewing the maintenance contract with the Downtown Business
Improvement District for Fiscal Year 2022.
UNRESOLVED ISSUES:No Unresolved Issues
ALTERNATIVES:No Alternatives
FISCAL EFFECTS:$17,500 for FY 22 included in the FY 22 budget
Attachments:
PSA w DT BID for Garage Cleaning Services FY22.docx
Report compiled on: July 8, 2021
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
Page 1 of 14
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 27thday of July, 2021(“Effective Date”),
by and between the BOZEMAN PARKING DIVISION,BOZEMAN, MONTANA an eintity of 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,
DOWNTOWN BOZEMAN BUSINESS IMPROVEMENT DISTRICT, with a physical and
mailing address of 222 East Main Street #302, Bozeman, MT, 59715, 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, 2022, 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 (Exhibit A). For conflicts between this
Agreementand the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: Bozeman Parking Division agrees to pay Contractor the amount specified
in the Scope of Services. The parties may amend the Scope of Services from time to time by mutual
agreement in writing. 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.
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
Page 2 of 14
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
Page 3 of 14
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
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
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
Page 4 of 14
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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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, Contractorshall at Contractor’s expense secure
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
Page 5 of 14
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
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.
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
Page 6 of 14
b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to
payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City, make it
advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for City’s
Convenience and shall be without prejudice to any claims that the City may otherwise have against
Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise
directed in the Notice, the Contractor shall immediately cease performance under this Agreement and
make every reasonable effort to refrain from continuing work, incurring additional expenses or costs
under this Agreement and shall immediately cancel all existing orders or contracts upon terms
satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect,
and maintain work already completed or immediately in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the 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.
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FY 2021 – FY 2022
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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 Michael Veselik, Interim Parking Manager or such other individual as City shall designate in
writing. Whenever approval or authorization from or communication or submission to City is
required by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not available, Contractor may
direct its communication or submission to other designated City personnel or agents as designated by
the City in writing and may receive approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the purpose of
this Agreement shall be Emily Cope, Economic Development Director, Downtown Bozeman
Partnership 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.
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FY 2021 – FY 2022
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12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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
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FY 2021 – FY 2022
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or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
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
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FY 2021 – FY 2022
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appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the date the
dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction
in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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
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FY 2021 – FY 2022
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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 __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Michael Veselik, Interim Parking Print Name: ___________________________
Manager Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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FY 2021 – FY 2022
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Scope of Services: Exhibit "A"
BRIDGER PARK GARAGE CLEANING SCOPE OF SERVICES AND FEES FOR
FY2022
(EXCLUDES PUBLIC RESTROOMS AND BUS STOP WAITING AREA)
The Bozeman Parking Division (BPD), at its option, may review the techniques
employed by the Contractor, and require alternative methods if determined necessary. All tools
and equipment used by the Contractor will be regularly cleaned and maintained in good
operating condition and kept in an orderly fashion if stored on site.
The Bozeman Parking Division will be responsible for providing any notice of
deficiency in a timely manner to Contractor. Contractor will be expected to respond to the
notice of deficiency as soon as possible. In the event a dispute arises between what is expected
by the BPD and what is expected by the Contractor, representatives of both entities shall meet
to resolve the issue. In instances where an acceptable resolution cannot be attained, the BPD's
position shall prevail.
BPD requires that any Contractor-acquired chemicals or products stored in the building
being serviced under this contract maintain materials safety data sheets on site at all times. All
work required under these specifications shall be in compliance with and meet industry
standards. Product manufacturers' instructions shall be followed, and only the proper product
will be used for the task.
The Contractor will notify the BPD of any maintenance or safety related issues beyond
the scope of the contract. Such things as burned out lamps, vandalism, broken entry/exit gates
or arms, plumbing related problems or leaks, safety hazards, and any other building related
problems that Contractor observes or becomes aware of.
The work frequencies shown are minimum criteria. Additional work in some areas may
be required in order to maintain the general agreed upon standards.
WEEKLY
1. Emptying and cleaning Waste Receptables: Empty the main waste receptacles and
deposit bags in collection containers (i.e. dumpsters) provided for that purpose. All waste
receptacles will be lined with trash bags. Receptacles will be kept free of deposits, dirt streaks,
and odors.
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
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2. Stairwell and Landing Floors, Walls, Doors, Rails, and Handles: Inspect these areas
weekly, and clean when necessary to remove small or spotted areas of dirt, grease stains,or
other marks. Care will be taken to perform spot cleaning without damage to surface finish and
to provide an overall uniform appearance substantially free of cleaning marks.
3. Sweeping: Sweet all stairwells and landing areas and deposit debris in trash receptacles.
Care must be taken to ensure that all floor areas are cleaned and that the dirt is simply not
transfe1Ted to comers. Any items moved to accommodate these processes will be returned to their
original locations.
4.Windows/Glass surfaces and Ledges/Sills: All glass surfaces (doors and windows-
both interior and exterior) and the ledges/Sills in stairwells will be inspected weekly and dusted or
spot cleaned, as necessary.
5.Elevators: Wipe down all walls (including interior and exterior of door), rails and
buttons; and sweep/mop floor. Contractor shall notify BPD if any elevator appears to not be
functioning properly, or if Contractors notices anything unusual about elevator condition.
Contractor will clean light panels if dirty or return them to the property location if removed and
present.
6. Entryway and Vestibules: Remove all trash and other debris for a minimum of 10 feet
from around all exterior entryway doors, and drive lane entrances and exits, in order to minimize
the amount of material tracked into the building. The Contractor will not be responsible for the
removal of snow or ice.
7. Graffiti: Remove all graffiti in stairwells, or on garage walls, signs or fixtures using
provided products. If graffiti is not removable using products provided, or needs to be painted over,
Contracts will notify BPD with specifics including location.
8. Low Dusting: Includes surfaces less than six feet from the floor, which may include, but
may not be limited to, ledges, supp01i braces, windowsills, doors, stair rails, and base boards. A
satisfactory or acceptable dusted surface is free of all dust, dust streaks, lint, cobwebs, dirt, or oily
streaks. The dust must be removed completely, not scattered around.
9. Ash Trays/Receptacles: Empty all ash trays/receptacles on a weekly basis or more often
as needed. Spot cleaning may also be required to keep receptacles clean.
10. Lights: Notify BPD if overhead lighting (including stairwells) is noticeably dimmed or
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Professional Services Agreement for Garage Cleaning
FY 2021 – FY 2022
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does not appear to be functioning properly, if bulbs/fixtures are burned out, or if light panel covers
(elevators) are missing. Contractor will not be responsible for changing of bulbs or fixtures.
11. Other: Contractor will notify BPD of any and all safety issues observed, or reported to
them, in or around the garage.
MONTHLY
1. General parking areas/ramp: Walk all levels of the garage in addition to stairwells,
including the basement level, and remove all loose papers, bottles, cigarette butts, and other trash
visible and reasonably accessible, depositing such in trash receptacles. Contractor is expected to
look between vehicles and in all open areas of garage.
2. Dusting Ventilation Equipment: All accessible portions of unit grills, diffusers, fans and
vents will be dusted or vacuumed. If the grills cannot be cleaned by dusting or vacuuming, they
shall be removed and/or washed.
The Contractor will invoice the BPD quarterly for Four Thousand Three Hundred Seventy-
Five Dollars and Zero Cents ($4,375.00). The BPD agrees to pay said amount upon receipt of each
monthly invoice. The annual total value of the contract shall not exceed $17,500.00.
26
Memorandum
REPORT TO:City Commission
FROM:Melody Mileur, Communications Coordinator
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
The Nest Collective to Provide Consulting and Design Services for Facilities
Bond and Housing Mill Levy Education
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
The Nest Collective to Provide Consulting and Design Services for Facilities
Bond and Housing Mill Levy Education
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Bozeman City Commission has approved ballot language for Bozeman
voters to consider bonding for improvements to City facilities as well as a
housing levy. The City has a responsibility to educate the public on the needs of
the community and provide solutions for their consideration. The City’s educational
efforts will include facts about the proposed bond and mill levy and the impact of
passage or failure of the ballot issues on City operations. Based on the extensive
communication and education needed the City will work with The Nest Collective to
conduct an educational effort this fall.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:The City of Bozeman approved a budget of $36,000 in the FY22 budget.
Attachments:
Professional Services Agreement with the Nest Collective for
Consulting and Design Services for Facility Bond and Housing
Levy Education.pdf
Report compiled on: July 9, 2021
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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, The Nest Collective, 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 2 day of November, 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 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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7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of
the City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right
of 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
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[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 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
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fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve, protect, and maintain work already completed
or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
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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 Melody Mileur, Communications Coordinator 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 Kendra Callantine 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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c. Notices: All notices required by this Agreement shall be in writing
and shall be provided to the Representatives named in this Section. Notices shall be
deemed given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or fax (with a
successful transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail
to the address shown above, postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor
will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). 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.
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Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term 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
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attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration
of this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
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
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constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (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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Prepared For: Melody Mileur – City of Bozeman
Prepared By: The Nest Collective, LLC, Bozeman, Montana
Project: Consulting and Design Services for Facilities Bond and Affordable Housing Mill Levy
Education Effort
Date: July 7, 2021
PROJECT SCOPE
Assist the City of Bozeman with development of a public outreach and education effort for
the proposed General Fund Facilities Bond and Affordable Housing Mill Levy to be
presented for voter consideration on November 2, 2021.
PROJECT BUDGET
The City of Bozeman has budgeted a total of $36,000 for educational outreach for this
project scope. The Nest acknowledges that the work provided for this scope is not to
exceed the budget unless authorized by the Bozeman City Manager and that work above
and beyond the scope must be shown to fit within the budget or receive authorization from
the City Manager.
EXECUTION AND INVESTMENT
Name, Logo, Brand Development - $3,000-5,000
Solidify the name and logo for outreach uses throughout the campaign and into
implementation. Once these are identified, a structure for this branded effort will be created
(style guide).
Messaging - $3,000-5,000
Talking points, slogans, Q&A, content, words to use, words not to use, tough
questions and answers, additional messaging as needed.
Social Media Educational Posts and Other Outreach Materials - $7,000-TBD based on
final approved outreach material list.
The key to establishing a clear need, value and invitation for investment is providing simple,
clear, and creative educational materials. The materials designed will include educational
information about the social and community value of this investment. The first step in this
entire educational campaign starts with simple awareness. An easy and inexpensive way to
do so is to utilize the City’s social media platforms, and also add Instagram into the mix to
target a younger demographic as well. Posts should be made almost daily from agreement
on this proposal up to and through Election Day. Other materials that are proposed to
produce include a mailer/handout, presentation PowerPoint, banners, video(s), print and
digital ads, social media posts and ads, graphics for a website and other needs as
determined.
OUTSIDE COST ESTIMATE
The costs outlined below are based on previous and similar campaign/outreach efforts.
Actual costs will be dependent and determined by products produced, quantity, method of
Exhibit A
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distribution (mailing vs. hand distribution), frequency, and overall client needs from the initial
Strategic Communications Plan.
Media - $6,000-10,000
May include radio, TV (cable and/or broadcast), digital, and paid social.
Printing - $3,000-5,000
May include banners for facilities and public events, mailer/handouts.
Photography - $500-1,000
May include still photography and unedited video clips.
Production - $500-1,000
May include script recording, music bed, spot production.
Not included in the above, and other relevant notes:
• Work above and beyond the above scope of work is not included in these initial estimates.
Projects or deliverables beyond the final approved scope of work and estimates are charged
at $85/hour for time to execute and hard cost, plus industry standard 15% markup for
products paid via The Nest Collective, LLC. Estimates will be provided and will require
approval prior to proceeding with adjusted scope.
• We recommend a monthly check in to ensure all relevant points have been
addressed and to redirect as needed based on public reaction and feedback.
ADDITIONAL NOTES
Outside costs such as photography, illustration, printing, media, or any other hard costs billed
through The Nest will incur a standard industry 15% markup fee.
Costs above are estimates only based on scope of work. Total dollar amount for this project
is $36,000 all inclusive of The Nest and other paid expenses.
We recommend a regular scheduled check in to ensure all relevant points have been
addressed and to redirect as needed based on public reaction and feedback.
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NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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, ____________________________________(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.
______________________________________
Name and title of person authorized to sign on behalf of submitter
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Memorandum
REPORT TO:City Commission
FROM:Jill Miller, WTP Superintendent
Scott Shirley, Interim Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Bridger Analytical Lab to Perform Specific Water Sample Analysis for the
Water Treatment Plant to Maintain Compliance with DEQ and EPA
Requirements
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Bridger Analytical Lab to Perform Specific Water Sample Analysis for the
Water Treatment Plant to Maintain Compliance with DEQ and EPA
Requirements.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The Water Treatment Plant (WTP) is required to do extensive sampling and
analysis of the drinking water each year throughout the distribution system
to ensure it continues to meet all DEQ and EPA requirements. The WTP also
has 3 discharge permits that require sampling and analysis to ensure we are
meeting all discharge limits. The WTP is not certified to do most of the
compliance required analysis therefore we contract with certified labs to
conduct this analysis for us. In the past we have used other labs that require
the samples be shipped overnight at a cost and a delay in getting results. By
utilizing Bridger Analytical the WTP saves money on analysis and shipping
costs, receives results quicker, and is supporting a local business. By entering
into this PSA with Bridger Analytical the WTP can better budget for water
analysis costs for each year.
UNRESOLVED ISSUES:None
ALTERNATIVES:Use other labs at higher costs without annual prices locked in.
FISCAL EFFECTS:Water analysis is budgeted for annually in the WTP operating budget.
Attachments:
Bridger Analytical PSA-Final.pdf
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Report compiled on: July 9, 2021
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Professional Services Agreement for Bridger Analytical FY 2020 – FY 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of July, 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, Bridger Analytical Lab, 7539 Pioneer Way Suite B, Bozeman Montana
59718, 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/Scope of Services: City agrees to enter this Agreement with Contractor to
perform for City specific water sample analyses required for the City’s Water Treatment Plant to
maintain compliance with the Safe Drinking Water Act and Clean Water Act. Contractor is a certified
lab using approved methods in the State of Montana. Specifically Contractor will analyze the
parameters attached as Exhibit A (a total of five separate quotes make up Exhibit A) and by this
reference made a part hereof. Contractor will perform the work and provide the services in
accordance with the requirements of Exhibit A. For conflicts between this Agreement and Exhibit A,
unless specifically provided otherwise, the Agreement governs.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 30th day of June 2022, unless earlier terminated in accordance with this Agreement.
3. Payment: City agrees to pay Contractor the amount specified in Exhibit A. Any
alteration, deviation, or request for random analysis outside the services described in this agreement
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 Exhibit A. The City must agree in writing upon any additional charges.
4. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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Professional Services Agreement for Bridger Analytical FY 2020 – FY 2021
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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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
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defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
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
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in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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
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assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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.
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c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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.
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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 Jacquelyn Miller, Assistant Superintendent of City of Bozeman Water
Treatment Plant 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 Andy Frame 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
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when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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.
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Professional Services Agreement for Bridger Analytical FY 2020 – FY 2021
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Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
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Professional Services Agreement for Bridger Analytical FY 2020 – FY 2021
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19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
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Professional Services Agreement for Bridger Analytical FY 2020 – FY 2021
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parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this Agreement run longer
than two (2) years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR Andy Frame
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
Andy Frame, Ph.D.
President
Bridger Analytical Lab / Andy Frame
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Professional Services Agreement for Bridger Analytical FY 2020 – FY 2021
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By_______________________________
Greg Sullivan, Bozeman City Attorney
54
Bridger Analytical PSA
EXHIBIT A
55
Analytical Services Quotation
7539 Pioneer Way Suite B, Bozeman, MT 59718 Phone: (406) 582-0822
City of Bozeman-WTP Effective: 03/01/2021For:
7024 Sourdough Canyon Expires: 06/30/2022
Bozeman, MT 59715
Monthly WTP bid - 2021Project:
Pricing Summary
Extended
Price
Unit
Price
TAT
(days)QtyMethodAnalysis
Water
Inorganic
SM 2540 DTotal Suspended Solids 4 4 $60.00 $15.00
EPA 300.1Fluoride 2 4 $38.00 $19.00
Metals
EPA 200.8Manganese 1 7 $22.00 $22.00
EPA 200.8Aluminum 4 7 $88.00 $22.00
Microbiological
SM 9223BTotal Coliform/E. coli 60 4 $1,230.00 $20.50
$1,438.00Bid Total:
Andy Frame
Page 1 of 1 56
Analytical Services Quotation
7539 Pioneer Way Suite B, Bozeman, MT 59718 Phone: (406) 582-0822
City of Bozeman-WTP Effective: 03/01/2021For:
7024 Sourdough Canyon Expires: 06/30/2022
Bozeman, MT 59715
Quarterly WTP bid - 2021Project:
Pricing Summary
Extended
Price
Unit
Price
TAT
(days)QtyMethodAnalysis
Water
Inorganic
EPA 351.2Total Kjeldahl Nitrogen as N 3 7 $105.00 $35.00
HACH 8190Phosphorus, Total as P 1 4 $20.00 $20.00
CalculationNitrogen, Total (TKN+N+N) 3 7 $15.00 $5.00
EPA 350.1Nitrogen, Ammonia as N 1 7 $25.00 $25.00
EPA 300.1Nitrate+Nitrite as N 3 4 $69.00 $23.00
EPA 300.1Chloride 3 4 $69.00 $23.00
Microbiological
Colilert Q-T/2000E.coli Count 2 4 $116.00 $58.00
$419.00Bid Total:
Andy Frame
Page 1 of 1 57
Analytical Services Quotation
7539 Pioneer Way Suite B, Bozeman, MT 59718 Phone: (406) 582-0822
City of Bozeman-WTP Effective: 03/01/2021For:
7024 Sourdough Canyon Expires: 06/30/2022
Bozeman, MT 59715
Yearly WTP bid - 2021Project:
Pricing Summary
Extended
Price
Unit
Price
TAT
(days)QtyMethodAnalysis
Water
Inorganic
EPA 300.1Nitrate+Nitrite as N 2 4 $46.00 $23.00
Metals
EPA 200.8Arsenic 1 15 $22.00 $22.00
$68.00Bid Total:
Andy Frame
Page 1 of 1 58
Analytical Services Quotation
7539 Pioneer Way Suite B, Bozeman, MT 59718 Phone: (406) 582-0822
MSU Bozeman University Services Effective: 07/01/2021For:
PO Box 172760 Expires: 06/30/2022
Bozeman, MT 59718
MSU PWS bid - 2021Project:
Pricing Summary
Extended
Price
Unit
Price
TAT
(days)QtyMethodAnalysis
Water
Microbiological
SM 9223BTotal Coliform/E. coli 20 4 $470.00 $23.50
$470.00Bid Total:
Andy Frame
Page 1 of 1 59
Analytical Services Quotation
7539 Pioneer Way Suite B, Bozeman, MT 59718 Phone: (406) 582-0822
MSU Bozeman University Services Effective: 07/01/2021For:
PO Box 172760 Expires: 06/30/2022
Bozeman, MT 59718
Yearly PbCu -MSU bid - 2021Project:
Pricing Summary
Extended
Price
Unit
Price
TAT
(days)QtyMethodAnalysis
Water
Metals
EPA 200.8Lead 30 7 $360.00 $12.00
EPA 200.8Copper 30 7 $360.00 $12.00
$720.00Bid Total:
Andy Frame
Page 1 of 1 60
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Parks Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
Chuck Winn, Assistant City Manager
SUBJECT:Resolution 5321 Authorizing the City Manager to (1) Enter into a
Memorandum of Understanding with the Gallatin Valley Land Trust
Describing the Terms of the West Side Connections and Wayfinding Project
and (2) Enter into a License Agreement with GVLT for Project-related Work
Within Parks
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5321 Authorizing the City Manager to (1) Enter into a
Memorandum of Understanding with the Gallatin Valley Land Trust
Describing the Terms of the West Side Connections and Wayfinding Project
and (2) Enter into a License Agreement with GVLT for Project-related Work
within Parks
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On October 13, 2020, the City Commission of the City of Bozeman adopted
Commission Resolution No. 5221 which authorized the contribution of up to
$99,612.51 from the TOP Bond Fund toward completion of a connected
bicycle and pedestrian trail route that stretches from the westernmost City
limits, through neighborhoods, parks, schools and commercial districts, into
the core areas of Bozeman, and points east to the “M” and Drinking Horse
Trailheads, on the terms and conditions set forth in Commission Resolution
No. 5221 (the “Project”) contingent upon the City entering into a binding
Memorandum of Understanding (“MOU”) with Gallatin Valley Land Trust
(“GVLT”) describing the financial and in-kind contributions proposed by GVLT
(Attachment B). The City's Parks and Recreation Department and Public
Works Department are also partners on the project.
Progress has been made towards completion of the project with significant
trail repairs planned for the 2021 season. GVLT has continued to conduct
trail rides along the planned routes with stakeholders including City of
Bozeman staff from various departments, Parks and Recreation Board
Members, partner organizations such as Collin's Coalition and Western
Transportation Institute and other interested community members. After
61
securing a $50,000 grant from the Montana Trails Stewardship Grant
Program, GVLT has coordinated trail improvements within open space
parcels with appropriate representatives from property owners associations
and the County for the section of the route within the Regional Park. Along
with approval of this Resolution and the MOU, the City will grant GVLT a use
license to perform trail work within City of Bozeman Parks along the route
(Attachment C).
Since the funding was approved, staff has worked with GVLT to adjust the
project budget given the TOP award amount and other funding sources
secured by GVLT. Additionally, with the passing of the Parks and Trails
District, some work within the original scope of the project is able to be
added back in as routine maintenance. Public Works has also completed
certain projects within the route as part of their yearly improvements.
Plans regarding the wayfinding component include coordination with a
larger city-wide effort being included in the Parks, Recreation and Active
Transportation Planning process and the importance of naming different
segments of the route for clarity and orientation.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:NA
Attachments:
Resolution 5321 West Side TOP.docx
Attachment A - GVLT West Side TOP Project - MOU.docx
Attachment B - GVLT West Side TOP Project - License
Agreement.docx
Report compiled on: July 8, 2021
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Page 1 of 2
RESOLUTION 5321
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO (1) ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH THE GALLATIN VALLEY LAND
TRUST (GVLT)DESCRIBING THE CITY’S AND GVLT’S CONTRIBUTIONS TO THE
WEST SIDE CONNECTIONS AND WAYFINDING PROJECT AND (2) ENTER INTO A
LICENSE AGREEMENT WITH GVLT FOR GVLT’S WORK WITHIN PARKS TO
COMPLETE PROJECT TASKS.
WHEREAS, on October 13, 2020, the City Commission of the City of Bozeman adopted
Commission Resolution No. 5221 which authorized the contribution of up to $99,612.51 from the
TOP Bond Fund toward completion of a connected bicycle and pedestrian trail route that stretches
from the westernmost City limits, through neighborhoods, parks, schools and commercial districts,
into the core areas of Bozeman, and points east to the “M” and Drinking Horse Trailheads, on the
terms and conditions set forth in Commission Resolution No. 5221 (the “Project”) contingent upon
the City entering into a binding Memorandum of Understanding (“MOU”) with Gallatin Valley
Land Trust (“GVLT”)describing the financial and in-kind contributions proposed by GVLT;and
WHEREAS,of the $99,612.51 authorized by Resolution 4517, an amount of
approximately $45,000 is allocated for trail improvements to be managed by GVLT within City
of Bozeman Park property; and
WHEREAS,the City and GVLT desire to work together with the common goal of
completing the Project for community recreation and active transportation; and
WHEREAS, the City and GVLT have drafted an MOU describing each party’s rights
and obligations in completing the project; and
WHEREAS,in fulfilling its obligations pursuant to the MOU GVLT will require access
to park properties; and
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Page 2 of 2
WHEREAS, the City desires to grant GVLT a revocable license to access the park
properties for the purpose of fulfilling its obligations pursuant to the MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
The City Manager is hereby authorized to enter into Attachment A (Memorandum of
Understanding between the City of Bozeman and Gallatin Valley Land Trust for the West Side
Connections and Wayfinding TOP Project), a binding MOU with GVLT describing the parties’
respective rights and obligations in completing the project.
Section 2
The City Manager is hereby authorized to enter into Attachment B (License Agreement
for the Use of City Property by the Gallatin Valley Land Trust) granting GVLT a revocable license
to access Park properties in order for GVLT to fulfill its obligations under the MOU.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20th day of July, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
64
ATTACHMENT A
(Memorandum of Understanding between the City of Bozeman and
Gallatin Valley Land Trust for the West Side Connections and Wayfinding Project)
65
ATTACHMENT B
(License Agreement for the Use of City Property by Gallatin Valley Land Trust)
66
Memorandum of Understanding
Between the City of Bozeman and Gallatin Valley Land Trust
for the West Side Connections and Wayfinding Project
This Memorandum of Understanding (the “MOU”) is entered into by and between Gallatin
Valley Land Trust (GVLT), a Montana non-profit public benefit corporation, with a mailing address
212 S Wallace Ave, Bozeman, MT and the City of Bozeman, a municipal corporation organized and
existing under its Charter and the laws of the State of Montana, with a mailing address of PO Box
1230, Bozeman, MT 59771 (the “City” and together with GVLT the “Parties”) and sets forth the
mutual understanding of GVLT and the City with respect to the funding, design, and
construction/installation of trail improvements and wayfinding as described in the West Side
Connections TOP Application (“Application” or the “Project”) and generally shown in Exhibit A.
GVLT and the City are working together with the common goal of improving trail conditions and
trail connections along the route and installing wayfinding as part of the Main Street to the
Mountains trail network.
RECITALS
A.GVLT is a Montana non-profit public benefit corporation working, in this specific
context, with the City to create a connected bicycle and pedestrian trail route that stretches from the
westernmost City limits, through neighborhoods, parks, schools and commercial districts, into the
core areas of Bozeman, and points east to the “M” and Drinking Horse Trailheads. When complete,
the project will complete a primary “East-West” trail network that enhances existing trails and
pathways, establishing a safer, well-signed, accessible recreation and commuter trail stretching over
eight miles. The project will also complete a network of trails and on-street wayfinding to form a
West Side Loop Trail, extending the existing West Side Trail into a loop that connects with the East
West network. In addition to wayfinding, the project will also add trailside improvements such as
benches, bike racks, and trail counters to support, study and ultimately increase pedestrian and
bicycle use.
B.On November 6, 2012, the voters of the City approved the creation of a bond fund for
the acquisition, construction and maintenance of new parks, trails and open spaces in the City of
Bozeman (the “TOP Bond Fund”).
C.On October 13, 2020, the City Commission of the City of Bozeman adopted
Commission Resolution No. 5221 which authorized the contribution of up to $99,612.51 from the
TOP Bond Fund toward completion of the trail improvements, on the terms and conditions set forth
in Commission Resolution No. 5221.
D.This TOP Bond Fund contribution was reduced from the original request by the TOP
Committee and City Commission; therefore, the Project Budget (Exhibit B) has been revised to
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identify additional funding sources, align with funding available, and to reflect funding already
received.
E.Resolution No. 5221 requires that GVLT’s commitment to make the GVLT
Contribution be memorialized in a binding Memorandum of Understanding to be approved by the
City Commission prior to expenditure of any funds under the Resolution.
F.The City and GVLT intend to complete the Project through a collaborative public-
private partnership. The purpose of this MOU is to fulfill the requirements of Commission
Resolution No. 5221 and to describe and formalize the goals, guidelines, rights and obligations of
GVLT and the City in creating the Project, and to guide the parties in their collaborative efforts to
successfully complete the Project.
NOW, THEREFORE, in order to define the goals, guidelines, rights and obligations of the
Parties toward each other and toward third parties in carrying out the creation of the West Side
Connections and Wayfinding Project as contemplated by Commission Resolution No. 5221, GVLT
and the City agree as follows:
AGREEMENT
1.General Description of Project. The overall goal of the Project is to connect existing trails and
shared use paths through wayfinding signage, improve existing gravel trails, build new gravel
trails to complete identified gaps, add trailside amenities, and help bring trails to a higher
standard throughout dedicated Parkland and Public Open Space. The goal of the Parties is to
include the following components in the Project:
A. Design and install trail wayfinding elements on the primary East-West trail corridor,
West Side Trail Loop, and nearby secondary trails (see Exhibit A for map of Project
areas). This work is to be completed in coordination with the City’s Parks, Recreation
and Active Transportation plan update and associated wayfinding plan or other code or
policy directions. The bulk of the signage fabrication and installation is to be a
contracted service. All signage will be maintained by the City after installation.
B. Identify trail segments within City parks that require improvement or identify locations
new trail is needed to complete the Project network. Accomplish improvements
primarily through contracted work; and utilize volunteers for selected less intensive
projects. Maintenance of the trails within City parks will be the responsibility of the
City.
C. In cooperation with homeowner associations, identify trail segments in Public Open
Space that are part of the project network and accomplish trail improvement projects
and wayfinding. Maintenance of the trail will remain the responsibility of the
homeowner association unless the designation of the trail is changed by the City and
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incorporated into City maintenance responsibility through active transportation
planning or Parks and Trails District implementation.
D. Through City staff, work to refine the existing trail system and signage to more
effectively utilize crosswalks and install crosswalk improvements.
E. Working with City staff and other external entities, develop a pedestrian and bicycle
counting program that collects data for use in tracking active transportation trends,
identifying trail and path additions, usage patterns, etc. $10,500 of the TOP funds can
be spent on counters, with an additional $1,000 provided by GVLT and any additional
funds allocated by the City from other funding sources.
F. Pursue additional funding in collaboration with the City and partners to further the
project scope. Additional funding may be in the form of grants, private donations,
material donations, equipment, professional consultation services at reduced rates or
pro bono, etc.
2.Specific Project Tasks to be Completed. The Parties acknowledge that the foregoing Section 1
reflects the general goals of the Project as approved by the City Commission, and that the
general goals will be coordinated with the City Parks, Recreation and Active Transportation
planning process. Therefore, the list of specific project tasks to be completed, and the Party
responsible for completing the tasks, may need to be updated. This MOU may be amended
accordingly from time to time as mutually agreed by the Parties as the planning documents are
completed.
Notwithstanding the foregoing, GVLT and the City have identified several specific tasks that
will be completed in any event, within allocated funding. Those tasks consist of the following:
A.Wayfinding:design and installation of trail wayfinding components along the primary
project networks. Dependent on available funding and scope of Active Transportation
wayfinding planning in the Parks, Recreation and Active Transportation Plan updates.
B.Trail Improvements:improvement of existing gravel trails in City parks and Public
Open Space along the primary project networks and closely associated secondary
trails.
C.Pedestrian and Bicycle Use Counting:purchase recommended permanent and/or
mobile counters for installation on the primary routes.
D.Trailside Improvements:purchase and install trail amenities such as benches and
bike racks.
3.Private Fundraising Campaign. GVLT has initiated a private fundraising campaign for
GVLT’s Contribution to the Project (the “Campaign”) and has already received a grant to
complete the GVLT Contribution. The ongoing goal of the Campaign is to continue to raise
sufficient private funds, in-kind contributions, and grants to complete the Project as initially
69
proposed, in coordination with other City funding, as well as to raise sufficient funds to cover the
costs of conducting the Campaign itself. GVLT will use reasonable, good faith efforts to raise
private funds, in-kind contributions, and grants in order to complete the scope of work. All cash
donations or grants received by GVLT as part of the Campaign will be held by GVLT or, as
appropriate, the City prior to disbursement of such funds for the Project pursuant to the terms of
this MOU. GVLT will be responsible for (i) collecting all gifts, (ii) acknowledging each gift,
(iii) providing regular updates on the progress of the fundraising efforts to the City, and (iv)
disbursing such funds to cover agreed-upon Project-related costs. The City acknowledges and
agrees that, while GVLT shall use reasonable and good faith efforts to achieve its fundraising
target, GVLT is not a guarantor of such funds. GVLT agrees to keep the City informed of its
progress on the Campaign as part of the Parties’ regular progress meetings during the life of the
Project.
4.Grants and Misc. City Funding. The City will make all reasonable efforts to support the
project, including being the applicant for grants that require a governmental applicant and
supporting grant applications submitted by GVLT. The City will also contribute reasonable staff
resources and other City funds as they become available. GVLT will prepare grant applications
with collaboration from the City.
5.Project Management. The Parties intend to work together in a collaborative manner for the
development of the trail network and wayfinding system, allowing the Project to benefit from
each Party’s particular expertise and skills.
6.Project Budget. GVLT and the City have updated the Project budget, a copy of which is
attached to this MOU as Exhibit B and hereby incorporated by this reference (the “Project
Budget”). The Project Budget has been updated since the time of initial application to reflect
successful grant applications and actual amounts awarded, new City of Bozeman funding
sources, and other opportunities for coordination that have been identified. The Project Budget
will be updated, amended, and refined over time as a result of the planning process, ongoing
fundraising, and the results of construction bidding.
A. The parties will agree to the specific timing and documentation required in order to
release such funds from the GVLT Contribution. GVLT agrees to provide invoices
and such other documentation sufficient to document the value of any in-kind
contributions to the Project. Where the value of the in-kind contribution is not readily
ascertainable, GVLT’s contribution will be at the rates established in then-current
Bureau of Labor Statistics Schedule of Occupational and employment Wage Estimates
for the State of Montana (available at http://www.bls.gov/oes/current/oes_mt.htm#47-
0000) or as otherwise mutually agreed by the Parties.
B. Costs to be paid by the City must be approved by the City in writing after bidding
(where required) and prior to construction contract award to ensure costs to be paid are
substantially in conformance with the Revised Project Budget as approved by the City
Commission and following City Procurement Policy. If the construction contract bid
70
exceeds the amount budgeted, an amendment to the Revised Project Budget must be
presented to the Commission for approval before construction commences.
C. Each Party has control over allocation of any contingency funds identified within
contracts for specific Project Tasks as associated with that Party.
8.Signage. Signage included in the Project will comply with City standards, wayfinding plans,
or other pertinent regulations.
9.Press Releases; Publicity; Events. GVLT shall provide the City with advance notice of
significant public outreach and publicity events relating to the Project and the Campaign, and
an opportunity for participation. It is not anticipated that the City will be involved in the
planning or execution of such events, nor is it anticipated that a representative of the City
need attend any or all of such events. To facilitate its fundraising efforts in connection with
the Project, GVLT may issue press releases, hold promotional events and/or take other steps
to raise public awareness regarding the Project.
10.Miscellaneous.
Notices. Notices to the Parties shall be directed as follows:
If to the City:
The City of Bozeman
City Hall
121 North Rouse
Bozeman, Montana 59771-1230
Attention: Addi Jadin
E-mail: ajadin@bozeman.net
If to GVLT:
Gallatin Valley Land Trust
212 S Wallace Ave, Suite 101
Bozeman, Montana 59715
Attention: Matt Marcinek
Email: mattm@gvlt.org
Any notice sent to a Party under this MOU shall be in writing and shall be effective when
received by the recipient. Each Party may change the address at which it is to receive notices
by providing written notice of its new address for notices to the other Party.
11.Governing Law; Venue. This MOU shall be governed by the laws of the State of Montana.
The Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County,
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Montana.
12.Liberal Construction. This MOU shall be liberally construed to achieve the successful
completion of the Project. If any provision in this MOU is found to be ambiguous, an
interpretation consistent with the spirit of collaboration and the mutual goals and objectives
of the Parties shall be favored over any interpretation that would be inconsistent with such
purposes and goals.
13.Severability. If any provision of this MOU is found to be invalid, the remainder of the
provisions of this MOU shall not be adversely affected.
14.Entire Agreement; Amendment; Assignment. This instrument sets forth the entire
understanding of the Parties with respect to the Project and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the MOU, all of which agreements or
understandings are merged into this MOU. No alteration, amendment or modification of this
MOU shall be valid or binding unless contained in a written amendment signed by both
Parties. It is contemplated that from time to time this MOU can be modified, if agreed by
both Parties, to address developments in the Project and/or the Campaign. GVLT may not
assign its rights or obligations under this Agreement without the prior written consent of the
City.
15.Successors. The terms, conditions, commitments, restrictions and understandings set forth in
this MOU shall be binding upon, and inure to the benefit of, the parties hereto and their
respective successors and assigns.
16.Captions. The captions in this MOU have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
17.No Partnership or Agency. Neither Party shall be considered a partner or agent of the other
Party, and this MOU does not create a partnership or principal-agent relationship between the
Parties. Neither Party shall have any right, power or authority to create any obligation,
expressed or implied, on behalf of the other Party. The Project is a public-private
collaboration between two separate and independent entities, each of which has a common
interest in creating the Project, but each of which also has objectives and activities outside
the scope of the Project and this MOU. The joint effort being formed by the City and GVLT
is not a separate legal entity and neither GVLT nor the City shall have the right to bind the
other Party vis a vis any third party. The purpose of the collaboration is to work together to
complete the Project and achieve the Parties’ common goals as stated in the Recitals above.
While GVLT and the City may cooperate in the creation of other projects in the future, the
parties acknowledge and agree that this Project is unique and the terms of this MOU shall not
create a binding precedent with respect to any future projects.
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18.Indemnity and Release. GVLT and the City mutually agree to indemnify, defend and hold
the other Party harmless from and against any and all liability to any third party for or from
loss, damage or injury to persons or property in any manner arising out of, or incident to,
negligent acts, errors, omissions, or willful misconduct in the performance of work on the
Project. Each of the City or GVLT shall be solely responsible for any contracts it enters into
or other obligations or liabilities incurred by such party in connection with its respective role
under this MOU and the Project.
19.Nondiscrimination and Equal Pay. The Parties agree that all hiring by the Parties of
persons performing this Agreement shall be on the basis of merit and qualifications. The
Parties will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Parties
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 Parties shall be subject to and comply with Title VI of the Civil
Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder. The Parties shall require these nondiscrimination terms of its subcontractors
providing services under this Agreement.
The Parties represent they are, 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). Parties must report to the City any violations of the Montana Equal Pay Act
that subconractors have been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
20.Compliance with Laws. The Parties 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.
21.Nonwaiver. 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 condition or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
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22.Attorney’s Fees and Costs. In the event it becomes necessary for either Party of 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 giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
23.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.
24.Counterparts. This Agreement may be executed in counterparts, which together constitute
one instrument.
25.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.
By signing below, each Party agrees and acknowledges that this Memorandum of Understanding
accurately reflects their mutual understanding, and that each of them agrees to be bound by the terms
and conditions of this Memorandum of Understanding.
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THE CITY OF BOZEMAN GALLATIN VALLEY LAND TRUST
BY: __________________________BY: _________________________
TITLE: _______________________TITLE: ______________________
DATE: ________________________DATE: _______________________
Approved as to form:
By:________________________
City of Bozeman, City Attorney
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EXHIBIT A
Conceptual Project Plan from Westside Connections TOP Application
76
EXHIBIT B
Westside Connections Working Budget with $99,612 TOP Funding
July 2021
Project
Component Item Detail
Funding
TOP
Proposal GVLT*
CILP/
Public
Works
Wayfinding
Components and
Signage
Map Kiosk (structure and
map)
GVLT to lead map design
Standard kiosk and maps
Quant: 6
$15,000 $4,500 $2,000 CILP
Trail Totems
Totem construction and
installation by contractor.
Standard totems and signage
on multiple sides as needed.
Quant: 18
$19,000 $4,500
Wayfinding intersection
signs and maps.
Installation by contractor or
City.
Signs and maps on metal
backers, steel posts
Quant: 154 signs (77
locations, 2 signs per
location), 22 maps
$51,500 $1,000 **
New gravel path
construction
Path excavation and gravel
placement by contractor.
Parks & Rec Dept. directs
CILP.
Estimated 1,500 lineal ft x 6
ft at $13/lin. ft.
$0 $0 ***$13,000
Parks and
Trails
District or
CILP
Existing gravel
trail re-
establishment or
improvement
Parks & Rec Dept. directs
CILP.
GVLT-led volunteer
projects possible.
Estimated 5,500 lineal ft x 3-
6’ width, 3” top dressing
$3,612 $40,000
State
Trails
Program
Grant
***$39,612
Parks and
Trails
District or
CILP
Trail counters Eco-Counter for Path to M
and Drinking Horse, mobile
counters for west side trails.
To monitor trail usage and
identify needs for additional
trails.
$10,500 $1,000
cash
Street, curb,
crossing
improvements
Improvement projects
determined by City with
input from advisory boards.
To be determined by City
staff with input from
advisory boards.
$45,000
Total $99,612 $51,000 $99,612
Project
Proportion 40%60%
*GVLT sources include Montana Trails Stewardship Grant Program ($50,000 grant; $45,000 within City of
Bozeman Parks), material donations, in-kind services, signage sponsorships, and neighborhood support.
Alignment with new opportunities:
**Staff has included City-wide wayfinding design into the Scope of RFP for Parks, Rec, AT Project. Scope of
this component within RFP being defined based on funding sources.
***Based on passing of the Parks and Trails District and funds available, routine maintenance can include
trail repair and improvements.
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License Agreement for the West Side Connections and Wayfinding TOP Project
Page 1 of 10
AFTER RECORDING PLEASE RETURN TO:
Stacy Ulmen
City Clerk, City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
BY THE GALLATIN VALLEY LAND TRUST
This License Agreement (the “Agreement”) is an agreement between the City of Bozeman, a self
governing municipality operating pursuant to its Charter and the laws of the State of Montana,
with a mailing address of P.O.Box 1230, Bozeman, MT 59771 (the “City”) and the Gallatin Valley
Land Trust, a Montana non-profit public benefit corporation, with an address of 212 S Wallace
Ave, Bozeman, MT (hereinafter the “Licensee”, and together with the City the “Parties”).
In consideration of Licensee’s promises herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1.Purpose. The City is owner of Property that will be improved as part of the West
Side Connections and Wayfinding Project that received funding through the Trails, Open Space
and Parkland Bond via Resolution 5221. The City desires to authorize Licensee to access the
Property for purposes of completing certain improvements to the Property pursuant to the
Memorandum of Understanding (“MOU”) between the Parties authorized by Commission
Resolution No. 5321. The Parties agree this Agreement shall be executed prior to commencement
of any work within the City Property.
2.Description of Property. The Property consists of the real property as described
in Exhibit A (“Licensed Property”).
3.Title. Licensee hereby acknowledges this Agreement grants a privilege and not an
interest in the Licensed Property and the title of the City to the Licensed Property, and Licensee
agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or
extent whatsoever in the Licensed Property by virtue of this Agreement or Licensee’s occupancy
or use hereunder. The City may enter the site at any time to assert its real property interest or for
other purposes which do not unreasonably interfere with the activities of the Licensee authorized
by the MOU.
Upon termination of this Agreement, title to all permanent improvements on the Licensed Property
and on public rights-of-way adjacent to the Licensed Property made by Licensee or its agents shall
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vest in the City, free and clear of all debts, liens and encumbrances. All other improvements of a
nonpermanent nature and all trade fixtures, machinery and furnishings made or installed by
Licensee may be removed from the Licensed Property at any time unless such improvements are
a component of the Park Project, as described in the MOU, or as otherwise agreed to by the City
and such removal will not damage the realty and/or permanent improvements.
4.License. The City hereby grants permission, revocable and terminable as
provided herein, during the period commencing July 20, 2021 until December 31, 2023 on the
terms and conditions set forth herein, which Licensee promises to comply with and abide by to
Licensee for Licensee’s fulfillment of its obligations as stated in the MOU, which Licensee
promises to comply with and abide by. Such permission shall include the permission of
Licensee to use the Licensed Property to fulfill its obligations under the MOU and for no other
purpose. The term of this License may be extended by mutual agreement of the Parties in writing.
The term of the Use License may be extended by mutual agreement of the Parties in writing. The
City Manager is authorized to agree on behalf of the City to extension(s) of the term of the Use
License
Licensee agrees to comply with all City ordinances and other rules and regulations regarding
permits and approvals related to operations on the Licensed Property as well as those of any other
governmental entity having jurisdiction.
Title to all permanent improvements on the Licensed Property(ies) and on public rights-of-way
adjacent to the Licensed Property(ies) made by Licensee or its agents shall vest in the City, free
and clear of all debts, liens and encumbrances.
5.Indemnification/Insurance.
a. To the fullest extent permitted by law, Licensee, recognizing it exercises its
privileges under this Agreement at its own risk, shall release, and shall protect,
defend, indemnify, and hold harmless the City and its agents, representatives,
employees, and officers 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 occupation or use of the
Licensed Property by Licensee; (ii) the negligent, reckless, or intentional
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License Agreement for the West Side Connections and Wayfinding TOP Project
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misconduct of the Licensee, its officers, employees, or agents on or related to
the Licensed Property; and (iii) any negligent, reckless, or intentional
misconduct of any of the Licensee’s guests, invitees, contractors, or
subcontractors on or related to the Licensed Property.
Such obligation shall not be construed to negate, abridge, or reduce other rights
or obligations of indemnity that would otherwise exist as to an indemnitee
described in this Section. 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).
Licensee’s indemnity under this Section shall be without regard to and without
any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against
the Licensee to assert its right to defense or indemnification under this
Agreement or under the Licensee’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 determinesthe Licenseewas 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 the City, the City may elect to represent
itself and incur all costs and expenses of suit.
Theobligations of this Section 5(a) shall survive termination of this Agreement.
b. In addition to and independent from the above, during the term of this
Agreement Licensee shall at Licensee’s expense maintain those insurances as
may be required by City as set forth below through an insurance company or
companies duly licensed and authorized to conduct business in Montana which
insures the liabilities and obligations specifically assumed by the Licensee in
Section 5(a). The insurance coverage shall not contain any exclusion for
liabilities specifically assumed by the Licensee in Section 5(a).
Within ten (10) days following execution of this Agreement, Licensee shall
provide City with proof of such insurance in the form of a certificate of
insurance, the insuring agreement and all applicable endorsements
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demonstrating that such insurance is in full force and effect and shall provide
such proof when requested by the City thereafter during the term of this
Agreement. The City may require additional evidence of the nature and scope
of the insurance required herein.
Licensee shall ensure such required insurance coverage is timely renewed so
that there is no lapse in coverage during the time such insurance must remain
in place. Licensee shall notify the City within two (2) business days of
Licensee’s receipt of notice that any required insurance coverage will be
terminated or Licensee’s decision to terminate any required insurance coverage
for any reason.
The insurance and required endorsements must be in a form suitable to the City.
c. Licensee shall obtain the following type of insurance in the amount indicated:
Workers’ Compensation:not less than statutory limits; and
Employers’ Liability:$1,000,000 each 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;
$2,000,000 annual aggregate;
Additional coverage as may be reasonably required by the City from time
to time.
For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be
endorsed as an additional or named insured on a primary non-contributory basis on the
Commercial General Liability and Automobile Liability policies.
6.Construction/Restrictions/Repair and Maintenance.
a. Licensee shall, in collaboration with the Parks Department, install and maintain
in good condition a barrier fence or other suitable and customary barrier or
signage around the perimeter of any portion of the Licensed Property currently
under construction by Licensee. The barrier or signage shall be installed
pursuant to a plan, approved in advance by the City’s Director of Parks and
Recreation, or its designee. Any such barrier or signage shall be provided for in
a manner to ensure emergency responders’ access.
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b. For the use of any public rights-of-way or any real property of the City other
than the Licensed Property the Licensee shall obtain an encroachment permit
from the City’s Director of Public Works or other applicable approvals.
c. Licensee shall keep the adjacent private and public properties including streets,
alleys, and sidewalks free from construction debris, snow, ice, and other
materials stored or located on the Licensed Property. Sediment, rock, mud, ice,
snow, and other debris entering upon public or private property outside the
Licensed Property from the Licensee’s project shall be cleaned or removed
immediately.
d. Licensee agrees to immediately repair any damage caused by Licensee, its
agents, invitees, guests, contractors or subcontractors to any public or private
property outside the Licensed Property including but not limited to streets,
curbs, sidewalks, and other infrastructure to, for public infrastructure, the
current City standard for that infrastructure and, for privately owned
infrastructure, to a condition acceptable to the owner of such private
infrastructure. Licensee agrees to timely comply with any request of the City
to perform maintenance and repairs to streets, curbs, sidewalks and other
infrastructure damaged by Licensee or Licensee’s agents, invitees, guests,
contractors, or subcontractors.
e. Any damage to the Site shall be repaired to a condition acceptable to the City.
Maintenance or repair work to the Licensed Property shall be performed to the
City’s reasonable satisfaction.
7.Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or
suffer to be committed, any waste on the Licensed Property, nor shall Licensee maintain, commit,
or permit the maintenance of any nuisance on the Licensed Property or use the Licensed Property
for any unlawful purpose. Licensee shall not do or permit anything to be done in or about the
Licensed Property which shall in any way conflict with any law, ordinance, rule, or regulation
affecting the occupancy and use of the Licensed Property, which are or may hereafter be enacted
or promulgated by any public authority.
8.Hazardous Materials. Licensee agrees and represents that it shall not store or
dispose of on the Site any “Hazardous Materials” as defined by Federal, State or local law as from
time to time amended.
9.Signage. Licensee, nor any of its agents may not install any signage except as
authorized pursuant to the MOU or as may otherwise be approved by the City’s Representative.
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10.Termination.
a. If Licensee fails to comply with any condition of this Agreement at the time or
in the manner provided for, the Citymay, at its option, terminate this Agreement
and be released from all obligations if the Licensee’s default is not cured within
sixty (60) calendar days after written notice of the default is provided by the
City to the Licensee. Said notice shall set forth the items to be cured. Notices
shall be provided in writing and hand-delivered or mailed to the parties at the
addresses set forth in the first paragraph of this Agreement. Failure to cure any
default may result in an order by the City’s Representative for the Licensee to
cease all operations and remove all personal property from the Licensed
Property immediately.
b. Licensee may terminate this Agreement upon thirty (30) days prior written
notice to City. Upon termination, Licensee shall remove its equipment and
improvements, and will restore the site to substantially the condition existing as
of the commencement date of this Agreement, normal wear and tear excepted.
Such termination does not abrogate Licensee’s responsibility under the MOU.
11.Restoration.
a. Within 30 days upon completion of the Licensee’s use of the Licensed Property
or within 30 days of termination of this Agreement pursuant to Section 12,
whichever is earlier, and under no circumstances later than December 31, 2023,
the Licensee shall cause the Licensed Property (and any portion of the Park
Properties disturbed by Licensee’s activities) to be fully restored to the
condition existing at the date of execution by the City. Restoration is at the
discretion of the City and may include but is not limited to grading and repairs
to failed sub-grade; reconstruction of accesses, fencing, and existing water
systems, as applicable; installation of ground cover as specified by the Parks
Superintendent or City Representative; and installation of temporary water
system or application of water sufficient to stabilize the area disrupted. In
addition, Licensee shall restore damage it or its agents, invitees, guests, hires,
contractors or subcontractors cause to other public or private infrastructure
adjacent to the Licensed Property to a condition as good or better than existed
prior to Licensee’s occupation of the Licensed Property. All work to restore the
Licensed Property shall comply with applicable building codes and the City’s
design and construction standards, except to the extent that the Existing
Condition, as explained below, does not comply with such codes and standards.
Licensee may be required to enter into a contract with the City for such work.
Licensee may cause their contractors or other agents to conduct such restoration
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but in no case shall Licensee be relieved of its obligation under this Section
until such restoration is accepted by the City.
b. Unless waived by the City Representative, prior to Licensee occupying the
Licensed Property, the City’s Representative and Licensee shall perform an
inspection of the Licensed Property and adjacent public and private
infrastructure with video and/or photographs to record the condition of the
Licensed Property and/or public or private infrastructure (the “Existing
Condition”).
c. The City retains the right to approve any plans for and to inspect work done
under this Section.
d. The City and Licensee may enter into an agreement prior to the expiration of
the term of this Agreement or prior to the end of Licensee’s occupation of the
Licensed Propertyregarding restoration of the Licensed Property to a condition
different from the Existing Condition. Such agreement may address: (i)
improvements to the Licensed Property in addition to or different than the
Licensees’ obligations for restoration/repair under this Agreement; (ii) the
City’s contribution of funds to such improvements, if any; and (iii) other duties
and obligations of the Licensee regarding restoration and repair of the Licensed
Property. Nothing in such an agreement will reduce the obligations of Licensees
under this Agreement.
e.Site Restoration Security.Not required.
12.Due Diligence. Licensee shall at all times exercise due diligence in the protection
of the City’s property against damages.
12.Non-discrimination and Equal Pay. The Licensee agrees that all hiring by
Licensee of persons performing this Agreement shall be on the basis of merit and qualifications.
The Licensee will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Licensee 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
Licensee 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.
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Licensee 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). Licensee must report to the City any violations of the Montana Equal Pay Act that
Licensee has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Licensee shall require these nondiscrimination terms of its sub-licensees providing services
under this Agreement.
13.Amendment. This Agreement represents the entire understanding between the
Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any
amendment or modification of this Agreement or any provision herein shall be made in writing or
executed in the same manner as the original document and shall after execution become a part of
this Agreement.
14.Assignment. Licensee may not assign this Agreement in whole or in part and may
not sublet all or any portion of the Licensed Property without the prior written consent of the City.
No assignment will relieve Licensee of its responsibility for the performance of the Agreement
(including its duty to defend, indemnify and hold harmless). This license shall not run with the
land.
15.Waiver of Claims. Licensee waives all claims against City for injury to persons or
property on or about the Licensed Property or from its use of the Licensed Property. It shall be
understood that the responsibility for protection and safekeeping of equipment and materials on or
near the Licensed Property will be entirely that of the Licensee and that no claim shall be made
against the City by reason of any act of an employee, officer, or, agent of the City or any trespasser.
16.Representatives.
a. City’s Representative. The City Representative for the purpose of this Agreement
shall be Addi Jadin, Park Planning and Development Manager, or her successor or
designee. 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, Licensee may
direct its communication or submission to other City personnel or agents and may
receive approvals or authorization from such persons.
b. Licensee’s Representative. The Licensee’s Representative for the purpose of this
Agreement shall be Matt Parsons, Matthew Marcinek, Chet Work. Whenever
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direction to or communication with Licensee is required by this Agreement, such
direction or communication shall be directed to Licensee’s Representative;
provided, however, that in exigent circumstances when Licensee’s Representative
is not available, the City may direct its direction or communication to other
designated employees or agents of Licensee.
17.Permits. Unless otherwise agreed to in writing by the parties, Licensee shall
provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and
regulations, obtain all necessary permits, licenses, and inspections from applicable governmental
authorities, and pay all fees and charges in connection therewith.
18.Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the
LicensedProperty. Licensee 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. The City shall have the right to
request proof of such compliance and Licensee shall be obligated to furnish such proof. The City
may order removal from the Licensed Property of any employee or agent of Licensee or any of its
subcontractors for use of intoxicants on the Licensed Property.
19.Liens and Encumbrances. Licensee shall not permit any liens or encumbrances
to be filed on the Licensed Property related to either the Licensee’s use of the Licensed Property
or the Licensee’s actions pursuant to the MOU. Prior to the expiration of this Agreement or
termination by the City or Licensee as provided herein Licensee shall furnish the City with
satisfactory proof that there are no outstanding liens or encumbrances in connection with the
Licensee’s use of the Licensed Property.
20.Dispute Resolution. 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. 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.
21.Survival. Licensee’s indemnification obligations shall survive the termination or
expiration of this Agreement for the maximum period allowed under applicable law.
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22.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.
23.Waiver. A waiver by City of any default or breach by Licensee of any covenants,
terms, or conditions of this Agreement does not limit City’sright to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
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. Jurisdiction for any dispute or claim raised under this
Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of
Montana, Gallatin County.
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 except the City.
28.Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
29.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.
30.Independent Contractor. The Parties agree and acknowledge that in the
performance of this Agreement Licensee shall not be considered an agent, representative,
subcontractor, or employee of the City. The Parties further agree that all individuals and
companies retained by Licensee at all times will be considered the agents, employees, or
independent contractors of Licensee and at no time will they be the employees, agents, or
representatives of the City.
31.Integration. This Agreement constitutes 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
87
License Agreement for the West Side Connections and Wayfinding TOP Project
Page 11 of 10
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement
by reference.
32.Recordation. This Agreement shall be recorded in the files of the Gallatin County
Clerk and Recorder. All costs of recording shall be borne by the Licensee. A copy of this recorded
agreement shall be provided to the City’s Representative.
########### End of Agreement except for signatures ###########
88
License Agreement for the West Side Connections and Wayfinding TOP Project
Page 12 of 10
Executed this _____ day of __________________, 2021.
City:
By: _____________________
Bozeman City Manager
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Chris A. Kukulski, as City Manager for the City of Bozeman, Montana.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL)Residing in________________________________
My Commission Expires:_____________________
The Gallatin Valley Land Trust, a Montana nonprofit public benefit corporation:
By: _______________________
Chet Work
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___
byChet Work, as Project Manager of The Gallatin Valley Land Trust.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL)Residing in________________________________
My Commission Expires:_____________________
89
Exhibit A - License Agreement for the West Side Connections and Wayfinding TOP Project
EXHIBIT A
(Legal Description of Licensed Property)
Legal Description
Traditions Park 8 - Traditions Subdivision Phase 1, S04, T02 S, R05 E
Flanders Creek Parks 2, 3 - Flanders Creek Subdivision, S04, T02 S, R05 E
Bronken Park Natural Space - Valley West Subdivision, S09, T02 S, R05 E
Valley Unit Park - Valley Unit Subdivision Phase 1, S10, T02 S, R05 E
90
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
Scott Shirley - Interim Director of Public Works
SUBJECT:Resolution 5322, Declaring an Emergency to Exempt the 2021 Pear Street
Booster Station Water Main Repair Project from Advertisement for Bids
Pursuant to Sec. 7-5-4303 MCA and Authorizing the City Manager to Sign a
Notice of Award with Duneman Construction, Inc. to Complete the 2021
Pear Street Booster Station Water Main Repair Project at a Cost of
$96,910.00 as well as Contract Documents Once Received
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Pass, adopt and approve Resolution 5322 declaring an emergency to exempt
the 2021 Pear Street Booster Station Water Main Repair Project from
advertisement for bids pursuant to Sec. 7-5-4303 MCA and authorizing the
City Manager to sign a Notice of Award with Duneman Construction, Inc. to
complete the 2021 Pear Street Booster Station Water Main Repair Project at
a cost of $96,910.00 as well as Contract Documents once received.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:A critical water transmission main fitting suddenly failed at the Pear Street
Booster Station rendering the station inoperable on November 14, 2020. City
Engineering Staff prepared construction plans and specifications for the 2021
Pear Street Booster Station Main Repair Project to return the station to
operation. Engineering Staff issued a limited solicitation for bids directly
from four qualified local contractors. Two bids were received, both in excess
of the $80,000 threshold amount set forth in state statute requiring public
advertisement for construction bids.
Section 7-5-4303 MCA provides the City with an exemption from the
requirement to publicly advertise construction bids subject to the happening
of an emergency. Due to the exceptionally dry water year and critical need
for Pear Street Booster Station to be online during a declared drought (see
Resolution 5315, approved July 13, 2021), the attached Resolution 5322 is
hereby presented to the City Commission that, if approved, exempts the City
from public advertisement for bids pursuant to Sec. 7-5-4303 MCA and
authorizes the City Manager sign a Notice of Award to construct the 2021
Pear Street Booster Station Water Main Repair Project.
91
UNRESOLVED ISSUES:None.
ALTERNATIVES:Modify the scope of the construction project to just replace the single water
transmission main fitting that failed adjacent to the Pear Street Booster
Station, thus keeping the construction cost under $80,000 - the statutory
threshold required for public advertisement for construction bids.
FISCAL EFFECTS:The construction cost set forth in the Notice of Award is $96,910.00 and is
funded by the FY22 Water Fund CIP under Project No. W04-22: Water Pipe
Replacement Program - Construction.
Attachments:
Resolution 5322_FINAL_Pear Street Booster Station Water
Main Repair
NoticeOfAward.docx
Report compiled on: July 8, 2021
92
Version April 2020
RESOLUTION NO. 5322
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING AN EMERGENCY TO EXEMPT THE 2021 PEAR STREET
BOOSTER STATION WATER MAIN REPAIR PROJECT FROM ADVERTISEMENT
FOR BIDS PURSUANT TO SEC. 7-5-4303 MCA AND AUTHORIZING THE CITY
MANAGER TO SIGN A NOTICE OF AWARD WITH DUNEMAN CONSTRUCTION,
INC. TO COMPLETE THE 2021 PEAR STREET BOOSTER STATION WATER MAIN
REPAIR PROJECT AT A COST OF $96,910.00 AS WELL AS CONTRACT
DOCUMENTS ONCE RECEIVED
WHEREAS,the City Commission is authorized pursuant to Sec. 7-5-4303 MCA, to
exempt certain construction contracts from bidding and advertising requirements upon the
happening of an emergency caused by fire, flood, explosion, storm, earthquake, riot, insurrection,
or other similar emergency; and
WHEREAS, the City Commission may proceed in any manner which, in the judgment of
three-fourths of the members of the City Commission present at a meeting, duly recorded in the
minutes of the proceedings of the meeting by aye and nay vote, will best meet the emergency and
serve the public interest;
WHEREAS,sudden failure of an existing 18” cast iron water main fitting immediately
adjacent to the Pear Street Booster Station has rendered the station inoperable, causing the
happening of an “other similar emergency” under Sec. 7-5-4303 MCA due to the inability to move
water produced from the Lyman water supply system into the remainder of the City’s water
distribution system, which is an imperative operating function should the Sourdough Water
Treatment Plant supply become reduced or otherwise not available; and
WHEREAS, by passage and adoption of Resolution 5315 on July 13, 2021, the City
Commission declared a Stage Two drought and further authorized the City Manager, through
administrative order, to issue subsequent drought stage declarations in order to preserve the City’s
available water supply for those purposes essential to public health, safety, and welfare; and
93
Version April 2020
WHEREAS, the 2021 Pear Street Booster Station Water Main Repair Project addresses
the emergency by returning the station to service immediately and without delay through
proactively replacing existing fittings of similar age and condition to that which experienced
sudden failure; and
WHEREAS, the City Engineering Staff prepared a limited solicitation to obtain bids from
four local contractors that have performed similar such work for the City in the past and received
two bids for the 2021 Pear Street Booster Station Water Main Repair Project; and
WHEREAS, Duneman Construction, Inc. submitted the low bid at a bid price of
$123,310.00.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
The Bozeman City Commission hereby declares an emergency due to the City’s inability to
operate the Pear Street Booster Station during a drought declaration, by recognizing the critical
function the station performs to provide emergency water supply to City residents in the event the
water supply from the Sourdough Water Treatment Plant is reduced or otherwise not available.
The City Commission determines this emergency requires immediate action to ensure sufficient
availability of water supply and any additional delay is not in the public interest.
Section 2
The Bozeman City Commission, by motion and affirmative vote of three-fourths of the members
present at the July 20, 2021 City Commission meeting, duly recorded in the minutes of the
proceedings of the City Commission, concur with the actions taken by City Engineering Staff to
prepare construction plans and specifications for the 2021 Pear Street Booster Station Water Main
Repair Project in order to prepare a limited solicitation to obtain bids from four local contractors
without public advertisement of bids.
Section 3
The Bozeman City Commission hereby authorizes the City Manager to sign a Notice of Award
with Duneman Construction, Inc. for the 2021 Pear Street Booster Station Water Main Repair
Project in the amount of $96,910.00 as well as Contract Documents once received.
94
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 20th day of July, 2021, by unanimous
vote of its members present.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
95
NOTICE OF AWARD
Dated: __________________
TO: Duneman Construction, Inc.
ADDRESS: 8670 Trooper Trail, Bozeman, MT 59715
PROJECT: 2021 Pear Street Booster Station Main Repair Project
CONTRACT FOR: 2021 PEAR STREET BOOSTER STATION MAIN REPAIR PROJECT
You are notified that your Bid opened on July 1, 2021, for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the:2021 Pear Street Booster Station Main
Repair Project. The Contract Price of your Contract is: Ninety-Six Thousand Nine Hundred and Ten
& 00/100 dollars ($96,910.00).
Four (4)copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
Two (2)sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date you receive this Notice
of Award:
1.You must deliver to the OWNER Four (4)fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction
to Bidders (Article 20), and the General Conditions (paragraph 5.01).
3.List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in the General
Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,
to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart
of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________BY: ____________________________
(CITY MANAGER)
(CITY CLERK)
96
DATE: _______________________________
97
Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Ordinance 2076, Final Adoption Generally Revising the Regulations of
Firearms and Other Weapons in City Facilities
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to approve final adoption of Ordinance 2076, generally revising the
regulation of firearms and other weapons in city facilities, revising
definitions, and providing for screening and denial of entry to city facilities
for non-compliance.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
Local government’s authority to regulate firearms changed significantly with
the passage of LR 130 and HB 102. Ordinance 2076 amends the Bozeman
Municipal Code (BMC) to ensure its compliance with state law.
LR 130
Montana voters passed Legislative Referendum 130 (LR 130) in November
2020 and it became effective January 1, 2021. With 50.96% of the vote, LR
130 removed a local government’s power under §7-1-111, MCA to regulate
the carry of permitted concealed weapons. Additionally, LR 130 eliminated a
local government’s ability to regulate the possession of firearms by
“convicted felons, adjudicated mental incompetents, illegal aliens and
minors.” While not eliminating a local government’s ability to regulate open
carry and unpermitted concealed carry of firearms, LR 130 significantly
reduced the locations and situations, including public assemblies and parks,
where a local government may exercise that authority.
HB 102
During the 2021 Montana Legislative Session, the legislature passed House
Bill 102 (HB 102) which further limited the authority of local governments to
restrict locations where firearms, including open carry, permitted carry, and
unpermitted concealed carry could be prohibited. Additionally HB 102
98
attempted to restrict the authority of the Montana University System and
the Board of Regents with regards to firearms on campus property. The
portions of the bill affecting the university system have been stayed pending
a legal challenge, but the remainder of HB 102 went into effect on February
18, 2021 and is now law.
BMC Municipal Code
Historically the city has regulated the possession of unpermitted concealed
firearms and other weapons within the City. Further the City has prohibited
the carrying or possession of any weapon including all firearms in all city-
owned buildings and property. The current city ordinances related to
weapons are found here.
Ordinance 2076
To bring the BMC into compliance with new state law, we recommend the
adoption of Ordinance Number 2076. The following sections of Chapter 24,
Article 7, Division 2: Weapons remain unchanged: 24.07.150 – Discharge of
airguns prohibited when; 24.07.180 Discharge of firearms prohibited;
exceptions and; 24.07.190 Bows and crossbows and other devices. While
these sections will be renumbered, their contents will not be revised in any
way.
We propose repealing and replacing Sections 24.07.160 and 24.07.170.
Section 24.07.160 has historically prohibited the unpermitted concealed
carry of firearms and other weapons throughout the City. During the 2017
Legislative Session, HB 251 removed knives from regulation under §45-8-
316, MCA effectively eliminating a prohibition of concealed carry of knives
and other non-firearm weapons. This in addition to the regulatory
prohibitions of LR 130 and HB 102 require this section to be repealed in its
entirety. Next, Section 24.07.170 BMC contains outdated definitions,
specifically names city buildings and properties where firearms and weapons
are prohibited which isn’t readily adaptable when the city builds, buys, or
sells property, and as currently written Section 24.07.170 prohibits firearms
in locations where they are now permissible under LR 130 and HB 102.
The proposed language for the new Section 27.07.160 revises definitions and
prohibitions, and provides authority for screening.
Definitions:
1.“City facility” means any City owned and occupied building or
structure, and any building or structure leased and occupied by the City
where a governmental function, public service, or public event is held. The
use of a city owned or leased building or structure by employees or
members of the public, even if for limited periods of time, is considered
continual occupation of the building or structure. The term “city facility”
includes the grounds immediately adjacent to city owned or leased buildings
99
or structures, including pathways leading to entrances. “Building” shall have
the meaning prescribed in §50-60-101, MCA.
This definition was written to comply with §45-8-351(2)(a), MCA
which provides in relevant part, “A county, city, town, consolidated local
government, or other local government unit has power to prevent and
suppress the carrying of unpermitted concealed weapons or the carrying of
unconcealed weapons to a publically owned and occupied building
under its jurisdiction.” (Emphasis added). Guidance on what constitutes
“occupied” and how a building is defined was drawn upon by state
code. The definition of “occupied structure” in §45-2-101(47), MCA provides
a structure is considered occupied “whether or not a person is
actually present.” Section 50-60-101(2) defines a building as “a
combination of any materials, whether mobile, portable, or fixed, to form a
structure and the related facilities for the use or occupancy by persons or
property.”
2. "Firearm" means any weapon, including a starter gun, which will or is
designed to or may readily be converted to expel a projectile by the
action of any explosive; the frame or receiver of any such weapon;
and any firearm muffler or firearm silencer. The term “firearm”
includes, but is not limited to, a pistol, revolver, rifle, shotgun or
machine gun as defined in §45-8-302, MCA.
The bulk of this definition is unchanged from the original definition in
BMC and is modeled off of 18 U.S.Code §921(a)(3).
3. “Other weapon" includes, but is not limited to, a knife with a blade
over 4 inches; a sword; a straight razor; a throwing star; nunchucks;
and brass or other metal knuckles. The term “other weapons”
includes a destructive device as defined in §45-8-332(1), MCA, or any
other article or instrument possessed with the purpose to commit a
criminal offense.
Local government retains the authority under §45-8-352, MCA to
enact a local ordinance prohibiting the possession of a knife on property or
in a building owned, leased, or possessed by the local government entity.
The length of a knife prohibited was considered knowing many citizens
and employees habitually carry small pocket knives. State law addresses the
knife length with regards to what weapons schools can prohibit persons
from carrying. For schools a knife with a blade of 4 or more inches in
length is prohibited pursuant to §45-8-361(5)(b), MCA. This reference and
size seem a reasonable compromise balancing the safety or employees and
the public with the realities of the prevalence and acceptance of small
pocket knives. The majority of the listed weapons mirrors §45- 8-
361(5)(b).
Prohibitions:
100
Section B contains the prohibitions of where and when firearms may
be carried into city facilities. Specifically prohibitions exist for the open
carry of a firearm or unpermitted concealed carry of a firearm in a city
facility. The open or concealed carry of other weapons is also
prohibited.
Section B also recognizes Section 4 in HB 102 which in relevant part
prohibits permitted concealed carry it two main areas: 1) in secure areas of a
law enforcement facility owned by the city and 2) in courtrooms and areas
of a courthouse used by court personnel pursuant to a court order.
Screening:
Section C provides that the City may screen for weapons and deny
entry into city facilities for those in possession of a prohibited firearm or
other weapon. The city manager is given the discretion when and where to
implement screening. This section is where the fiscal note is associated.
Staff time and screening equipment are a consideration.
Staff proposes adding Section 24.07.190 as a penalty provision for this
section. Currently the weapons division of the code does not contain a
specific reference to a penalty. When a provision of the BMC does not
specify penalty, Sec. 1.01.210 the general penalty for code violations
applies. Adding this section does not change the penalty in any way from
what it has been, it simply makes it clear what penalty applies when reading
the division related to Weapons.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:Not amend BMC and allow ordinances not in compliance with state law to
remain in code.
FISCAL EFFECTS:None identified. City Commission should consider the potential cost of
purchasing equipment for screening weapons and staffing to conduct
screening when needed.
Attachments:
ORDINANCE NO. 2076 Generally Revising Regulations of
Firearms and Other Weapons in City Facilities Final
Adoption.pdf
LR-130.pdf
HB 102.pdf
Report compiled on: July 12, 2021
101
ORDINANCE NO.
Page 1 of 6
ORDINANCE NO. 2076
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, GENERALLY REVISING THE REGULATION OF FIREARMS AND
OTHER WEAPONS IN CITY FACILITIES, REVISING DEFINITIONS, AND
PROVIDING FOR SCREENING AND DENIAL OF ENTRY TO CITY FACILITIES FOR
NON-COMPLIANCE.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety and welfare of the
citizens of Bozeman; and
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, the citizens of the State of Montana voted to approve Legislative Referendum
130 (LR130) in November 2020, which became effective immediately January 1, 2021 and
removed a local government’s power under §7-1-111, MCA to regulate the carry of permitted
concealed firearms and limited the locations and situations where a local government may regulate
the open carry of a firearm and/or the unpermitted concealed carry of a firearm; and
WHEREAS, the Montana Legislature passed, and Governor Gianforte signed into law,
House Bill 102 (“HB 102”) which became effective February 18, 2021 and further limited the
authority of local governments to restrict locations where firearms, including open carry, permitted
carry, and unpermitted concealed carry could be prohibited; and
WHEREAS, pursuant to §45-8-351(2)(a), MCA the City has power to prevent and
suppress the carrying of unpermitted concealed weapons and the carrying of unconcealed weapons
to a publicly owned and occupied building under its jurisdiction; and
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ORDINANCE NO.
Page 2 of 6
WHEREAS, the Commission recognizes definitions exist in state law for the terms
“occupied structure” pursuant to §45-2-101(47) MCA and “building” pursuant to §51-60-101(2),
MCA, and finds those definitions instructive when articulating the City’s authority to regulate
firearms in city facilities; and
WHEREAS, pursuant to §45-8-352(2), MCA the City has power to prohibit the possession
of knives in property or in a building it, owns, leases, or possesses; and
WHEREAS, the City Commission finds it necessary for the health and safety of City
employees and members of the public accessing city facilities to exercise its authority to prohibit
firearms and other weapons wherever authorized to do so.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 24, Article 7, Division 2: Weapons be renumbered and the table of contents
shall reflect the following:
Sec. 24.07.150 Discharge of airguns prohibited when.
Sec. 24.07.160 Weapons in city facilities.
Sec. 24.07.170 Discharge of firearms prohibited; exceptions
Sec. 24.07.180 Bows and crossbows and other devices
Sec. 24.07.190 Penalties
Section 2
That Sec. 24.07.160 of the Bozeman Municipal Code be repealed and replaced as follows:
Section 24.07.160. Weapons in city facilities.
A. Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
1.“City facility” means any City owned and occupied building or structure, and any building or structure leased and occupied by the City where a governmental function, public service, or public event is held. The use of a city owned or leased building or
103
ORDINANCE NO.
Page 3 of 6
structure by employees or members of the public, even if for limited periods of time, is
considered continual occupation of the building or structure. The term “city facility”
includes the grounds immediately adjacent to city owned or leased buildings or structures, including pathways leading to entrances. “Building” shall have the meaning prescribed in §50-60-101, MCA.
2. "Firearm" means any weapon, including a starter gun, which will or is designed to or
may readily be converted to expel a projectile by the action of any explosive; the frame or
receiver of any such weapon; and any firearm muffler or firearm silencer. The term “firearm” includes, but is not limited to, a pistol, revolver, rifle, shotgun or machine gun as defined in §45-8-302, MCA.
3. “Other weapon" includes, but is not limited to, a knife with a blade over 4 inches; a
sword; a straight razor; a throwing star; nunchucks; and brass or other metal knuckles. The term “other weapons” includes a destructive device as defined in 45-8-332(1), MCA, or any other article or instrument possessed with the purpose to commit a criminal offense.
B. Prohibition of firearms and other weapons in city facilities. The open carry of a firearm or possession of an unpermitted concealed firearm by any person in a city facility is prohibited.
The open or concealed carry of other weapons by any person in a city facility is prohibited. A
person with a valid permit to carry a concealed firearm issued pursuant to §45-8-321, MCA or §45-8-329, MCA is prohibited from carrying a concealed firearm in restricted areas of a city facility including a courtroom or other area used by court personnel, pursuant to a court order, and secure areas of a law enforcement facility owned and operated by the city.
C. Screening for firearms and other weapons. Screening for firearms and other weapons at city facilities is permissible. The city manager may determine the circumstances and locations where screening is required and may establish standards for such screening. The City may, in the discretion of its employees or officials acting within their official capacity, deny entrance into a city facility to a person who, in a city facility: (i) possesses an openly visible firearm; (ii) possesses
an unpermitted concealed firearm; (iii) possesses any other weapon; or (iv) possesses a permitted concealed weapon in locations of city facilities that have been restricted pursuant to court order or state law. The City may require a person to present proof of a valid permit to carry a concealed firearm in a city facility. Refusing to provide a city employee or official proof of a valid permit to carry a concealed firearm is the basis for denial of entry to the city facility.
D. Exceptions. The provisions of subsection B of this section does not apply to:
1. Any peace officer of the state;
2. Any officer of the United States government authorized to carry a concealed firearm or other weapon;
3. Any member of the armed services or reserve forces of the United States or National
Guard, while in the performance of their official duties;
104
ORDINANCE NO.
Page 4 of 6
4. A probation or parole officer authorized to carry a firearm under §46-23-1002, MCA;
5. An agent of the state department of justice;
6. A person authorized by the chief of police to carry or possess an unconcealed weapon on city property.
7. Persons authorized by the city manager for trainings, education courses, or other events such as gun shows approved to occur in city facilities.
Persons with exceptions to possess firearms or other weapons in a city facility may be screened
pursuant to subsection C and required to provide identification and qualifications upon request of a city employee or official.
E. Signage. Signs providing notice of the prohibitions of this section shall be posted at city facilities.
Section 3
That Sec. 24.07.190 – “Penalty” be added as follows:
Sec. 24.07.190. Penalty. A violation of a prohibition of this division is a misdemeanor
punishable by up to six months in jail or a fine not to exceed $500 or both.
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
105
ORDINANCE NO.
Page 5 of 6
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
The provisions of Sections 1, 2 and 3 shall be codified as appropriate in Chapter 24 of the
Bozeman Municipal Code.
Section 7
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
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ORDINANCE NO.
Page 6 of 6
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 22nd day of June, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session therefor held on the 20th day of July,
2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
107
BALLOT LANGUAGE FOR LEGISLATIVE REFERENDUM NO. 130 (LR-130)
LEGISLATIVE REFERENDUM NO. 130
AN ACT REFERRED BY THE LEGISLATURE
AN ACT REVISING FIREARMS LAWS TO SECURE THE RIGHT TO KEEP AND BEAR ARMS AND
TO PREVENT A PATCHWORK OF RESTRICTIONS BY LOCAL GOVERNMENTS ACROSS THE
STATE AND PROVIDING THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE CARRYING
OF CONCEALED WEAPONS; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE
QUALIFIED ELECTORS OF MONTANA; AMENDING SECTIONS 7-1-111 AND 45-8-351, MCA;
AND PROVIDING AN EFFECTIVE DATE.
The 2019 Legislature submitted this proposal for a vote. LR-130 generally restricts a
county, city, town, consolidated local government, or other local government unit's
authority to regulate the carrying of firearms. It removes a local government unit’s power
to regulate the carrying of permitted concealed weapons or to restrict the carrying of
unconcealed firearms except in publicly owned and occupied buildings under the local
government unit’s jurisdiction. It repeals a local government unit’s authority to prevent
or suppress the possession of firearms by convicted felons, adjudicated mental
incompetents, illegal aliens, and minors. Federal and other state firearm restrictions
would remain unchanged, including for these individuals. Local firearm ordinances that
conflict with LR-130 could not be enforced.
[] YES on Legislative Referendum LR-130
[] NO on Legislative Referendum LR-130
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THE COMPLETE TEXT OF HOUSE BILL NO. 357, REFERRED BY LR-130
AN ACT REVISING FIREARMS LAWS TO SECURE THE RIGHT TO KEEP AND BEAR ARMS AND TO
PREVENT A PATCHWORK OF RESTRICTIONS BY LOCAL GOVERNMENTS ACROSS THE STATE AND
PROVIDING THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE CARRYING OF CONCEALED
WEAPONS; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED
ELECTORS OF MONTANA; AMENDING SECTIONS 7-1-111 AND 45-8-351, MCA; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Policy. It is the policy of the state that the citizens of the state should be aware
of, understand, and comply with any restrictions on the right to keep or bear arms that the
people have reserved to themselves in Article II, section 12, of the Montana constitution, and
that to minimize confusion the legislature withholds from local governments the power to
restrict or regulate the possession of firearms.
Section 2. Section 7-1-111, MCA, is amended to read:
"7-1-111. Powers denied. A local government unit with self-government powers is
prohibited from exercising the following:
(1) any power that applies to or affects any private or civil relationship, except as an
incident to the exercise of an independent self-government power;
(2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that
subject to those provisions, it may exercise any power of a public employer with regard to its
employees;
(3) any power that applies to or affects the public school system, except that a local unit
may impose an assessment reasonably related to the cost of any service or special benefit
provided by the unit and shall exercise any power that it is required by law to exercise
regarding the public school system;
(4) any power that prohibits the grant or denial of a certificate of compliance or a certificate
of public convenience and necessity pursuant to Title 69, chapter 12;
109
(5) any power that establishes a rate or price otherwise determined by a state agency;
(6) any power that applies to or affects any determination of the department of
environmental quality with regard to any mining plan, permit, or contract;
(7) any power that applies to or affects any determination by the department of
environmental quality with regard to a certificate of compliance;
(8) any power that defines as an offense conduct made criminal by state statute, that
defines an offense as a felony, or that fixes the penalty or sentence for a misdemeanor in
excess of a fine of $500, 6 months' imprisonment, or both, except as specifically authorized by
statute;
(9) any power that applies to or affects the right to keep or bear arms, except that a local
government has the power to regulate the carrying of concealed weapons;
(10) any power that applies to or affects a public employee's pension or retirement rights
as established by state law, except that a local government may establish additional pension
or retirement systems;
(11) any power that applies to or affects the standards of professional or occupational
competence established pursuant to Title 37 as prerequisites to the carrying on of a profession
or occupation;
(12) except as provided in 7-3-1105, 7-3-1222, or 7-31-4110, any power that applies to or
affects Title 75, chapter 7, part 1, or Title 87;
(13) any power that applies to or affects landlords, as defined in 70-24-103, when that
power is intended to license landlords or to regulate their activities with regard to tenants
beyond what is provided in Title 70, chapters 24 and 25. This subsection is not intended to
restrict a local government's ability to require landlords to comply with ordinances or
provisions that are applicable to all other businesses or residences within the local
government's jurisdiction.
(14) subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing
vagrancy;
(15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale,
storage, distribution, use, or application of commercial fertilizers or soil amendments, except
that a local government may enter into a cooperative agreement with the department of
agriculture concerning the use and application of commercial fertilizers or soil amendments.
110
This subsection is not intended to prevent or restrict a local government from adopting or
implementing zoning regulations or fire codes governing the physical location or siting of
fertilizer manufacturing, storage, and sales facilities.
(16) subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production,
processing, sale, storage, transportation, distribution, possession, use, and planting of
agricultural seeds or vegetable seeds as defined in 80-5-120. This subsection is not intended
to prevent or restrict a local government from adopting or implementing zoning regulations
or building codes governing the physical location or siting of agricultural or vegetable seed
production, processing, storage, sales, marketing, transportation, or distribution facilities.
(17) any power that prohibits the operation of a mobile amateur radio station from a motor
vehicle, including while the vehicle is in motion, that is operated by a person who holds an
unrevoked and unexpired official amateur radio station license and operator's license,
"technician" or higher class, issued by the federal communications commission of the United
States;
(18) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur
radio antenna at heights and dimensions sufficient to accommodate amateur radio service
communications by a person who holds an unrevoked and unexpired official amateur radio
station license and operator's license, "technician" or higher class, issued by the federal
communications commission of the United States;
(19) any power to require a fee and a permit for the movement of a vehicle, combination
of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-
101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the
local government unit;
(20) any power to enact an ordinance governing the private use of an unmanned aerial
vehicle in relation to a wildfire."
Section 3. Section 45-8-351, MCA, is amended to read:
"45-8-351. Restriction on local government regulation of firearms. (1) Except as provided
in subsection (2), a county, city, town, consolidated local government, or other local
government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other
transfer (including delay in purchase, sale, or other transfer), ownership, possession,
111
transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun,
handgun, or concealed handgun.
(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles,
shotguns, and handguns. A county, city, town, consolidated local government, or other local
government unit has power to prevent and suppress the carrying of unpermitted concealed
weapons or the carrying of unconcealed weapons to a public assembly, publicly owned and
occupied building, park under its jurisdiction, or school, and the possession of firearms by
convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
(b) Nothing contained in this section allows any government to prohibit the legitimate
display of firearms at shows or other public occasions by collectors and others or to prohibit
the legitimate transportation of firearms through any jurisdiction, whether in airports or
otherwise.
(c) A local ordinance enacted pursuant to this section may not prohibit a legislative security
officer who has been issued a concealed weapon permit from carrying a concealed weapon in
the state capitol as provided in 45-8-317."
Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part
of Title 45, chapter 8, part 3, and the provisions of Title 45, chapter 8, part 3, apply to [section
1].
Section 5. Coordination instruction. If House Bill No. 325 is passed and approved, then [this
act] is void.
Section 6. Effective date. If approved by the electorate, [this act] is effective January 1,
2021.
Section 7. Submission to electorate. [This act] shall be submitted to the qualified electors
of Montana at the general election to be held in November 2020 by printing on the ballot the
full title of [this act] and the following:
[] YES on Legislative Referendum __.
[] NO on Legislative Referendum __.
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AN ACT GENERALLY REVISING GUN LAWS; PROVIDING A LEGISLATIVE PURPOSE, INTENT, AND
FINDINGS; PROVIDING LOCATIONS WHERE CONCEALED WEAPONS MAY BE CARRIED AND
EXCEPTIONS; PROHIBITING THE MONTANA UNIVERSITY SYSTEM AND BOARD OF REGENTS FROM
INFRINGING ON CONSTITUTIONAL RIGHTS AND PROVIDING EXCEPTIONS; PROVIDING A SEPARATE
CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THIS ACT; AMENDING SECTIONS 45-3-111, 45-8-316, 45-
8-328, AND 45-8-351, MCA; REPEALING SECTIONS 45-8-317 AND 45-8-339, MCA; AND PROVIDING
EFFECTIVE DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Purpose. The purpose of [sections 1 through 11] is to enhance the safety of people by
expanding their legal ability to provide for their own defense by reducing or eliminating government-mandated
places where only criminals are armed and where citizens are prevented from exercising their fundamental right
to defend themselves and others.
Section 2. Legislative intent. It is the intent of the legislature to reduce or remove provisions of law
that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep
or bear arms that the people have reserved to themselves in the Montana constitution, and to further establish
that the right to defense of a person’s life, liberty, or property is a fundamental right.
Section 3. Legislative findings. The legislature declares and finds as follows:
(1) Nowhere in Article X, section 9(2)(a), of the Montana constitution is any power granted to amend,
suspend, alter, or abolish the Montana constitution, nor is any power granted to affect or interfere with the rights
the people have reserved to themselves specifically from interference by government entities and government
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actors in Article II of the Montana constitution.
(2) The Montana university system was created and is controlled by the Montana constitution and the
land and buildings occupied by the university system are public property and not private property and are
therefore clearly government entities.
(3) Any significant prohibition upon the possession of firearms at or on the various campuses of the
Montana university system calls into question the rights that the people have reserved to protect themselves
from government interference under Article II, section 12, of the Montana constitution.
(4) Zones where guns are prohibited provide an increased risk to the health and safety of citizens
because these zones create an unreasonable expectation of government-provided safety, while that safety
cannot be provided or ensured.
(5) In District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S.
742 (2010), the United States supreme court affirmed that the second amendment to the United States
constitution reserves to individuals the fundamental right to keep and bear arms for self-defense and is
applicable as a restriction upon state and local governments and all political subdivisions of state and local
government through the 14th amendment to the United States constitution.
Section 4. Where concealed weapon may be carried -- exceptions. A person with a current and
valid permit issued pursuant to 45-8-321 or recognized pursuant to 45-8-329 may not be prohibited or restricted
from exercising that permit anywhere in the state, except:
(1) in a correctional, detention, or treatment facility operated by or contracted with the department of
corrections or a secure treatment facility operated by the department of public health and human services;
(2) in a detention facility or secure area of a law enforcement facility owned and operated by a city or
county;
(3) at or beyond a security screening checkpoint regulated by the transportation security
administration in a publicly owned, commercial airport;
(4) in a building owned and occupied by the United States;
(5) on a military reservation owned and managed by the United States;
(6) on private property where the owner of the property or the person who possesses or is in control
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of the property, including a tenant or lessee of the property, expressly prohibits firearms;
(7) within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a
justice of the peace or judge; or
(8) in a school building as determined by a school board pursuant to 45-8-361.
Section 5. Prohibition on infringement of constitutional rights. The board of regents and all
university system employees subject to the authority of the board of regents are prohibited from enforcing or
coercing compliance with any rule or regulation that diminishes or restricts the rights of the people to keep or
bear arms as reserved to them in Article II of the Montana constitution, especially those rights reserved in
Article II, sections 4 through 12, notwithstanding any authority of the board of regents under Article X, section
9(2)(a), of the Montana constitution.
Section 6. Regulation of firearms prohibited for certain people -- exceptions. (1) Except as
provided in subsection (2), the board of regents and any unit of the university system may not regulate, restrict,
or place an undue burden on the possession, transportation, or storage of firearms on or within university
system property by a person eligible to possess a firearm under state or federal law and meeting the minimum
safety and training requirements in 45-8-321(3).
(2) The board of regents or a unit of the university system may prohibit or regulate the following:
(a) the discharge of a firearm on or within university system property unless the discharge is done in
self-defense;
(b) the removal of a firearm from a gun case or holster unless the removal is done in self-defense or
within the domicile on campus of the lawful possessor of the firearm;
(c) the pointing of a firearm at another person unless the lawful possessor is acting in self-defense;
(d) the carrying of a firearm outside of a domicile on campus unless the firearm is within a case or
holster;
(e) the failure to secure a firearm with a locking device whenever the firearm is not in the possession
of or under the immediate control of the lawful possessor of the firearm;
(f) the possession or storage of a firearm in an on-campus dormitory or housing unit without the
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express permission of any roommate of the lawful possessor of the firearm;
(g) the possession or storage of a firearm by any individual who has a history of adjudicated university
system discipline arising out of the individual's interpersonal violence or substance abuse;
(h) the possession of a firearm at an event on campus where campus authorities have authorized
alcohol to be served and consumed; and
(i) the possession of a firearm at an athletic or entertainment event open to the public with controlled
access and armed security on site.
Section 7. Remedy for violations Any person that suffers deprivation of rights enumerated under
[sections 1 through 6] has a cause of action against any governmental entity, as defined in 2-9-101. The cause
of action must be filed in district court. If a person asserting a deprivation of rights prevails, the person may be
awarded reasonable costs, attorney fees, and damages.
Section 8. Section 45-3-111, MCA, is amended to read:
"45-3-111. Openly carrying weapon -- display -- exemption. (1) Any person who is not otherwise
prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another
person the fact that the person has a weapon.
(2) If a person reasonably believes that the person or another person is threatened with bodily harm,
the person may warn or threaten the use of force, including deadly force, against the aggressor, including
drawing or presenting a weapon.
(3) This section does not limit the authority of the board of regents or other postsecondary institutions
to regulate the carrying of weapons, as defined in 45-8-361(5)(b), on their campuses."
Section 9. Section 45-8-316, MCA, is amended to read:
"45-8-316. Carrying concealed firearms -- exemption. (1) A person who carries or bears concealed
upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the
county jail for a period not exceeding 6 months, or both.
(2) A person who has previously been convicted of an offense, committed on a different occasion
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than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of
imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the
individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state
prison for a period not exceeding 5 years, or both.
(3) This section does not apply to a person eligible to possess a firearm under state or federal law."
Section 10. Section 45-8-328, MCA, is amended to read:
"45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) Except for a person
issued a permit pursuant to 45-8-321 or a person recognized pursuant to 45-8-329 legislative security officers
authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), a person commits the
offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a
concealed weapon in:
(a) portions of a building used for state or local government offices and related areas in the building
that have been restricted;.
(b) a bank, credit union, savings and loan institution, or similar institution during the institution's
normal business hours. It is not an offense under this section to carry a concealed weapon while:
(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person
is inside the enclosure used for the institution's financial services or is using the institution's financial services.
(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued
under Title 16 for the sale of alcoholic beverages for consumption on the premises.
(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person
convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an
amount not to exceed $500, or both."
Section 11. Section 45-8-351, MCA, is amended to read:
"45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in
subsection (2), a county, city, town, consolidated local government, or other local government unit may not
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prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale,
or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon,
including a rifle, shotgun, handgun, or concealed handgun.
(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and
handguns. A county, city, town, consolidated local government, or other local government unit has power to
prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons
to a publicly owned and occupied building under its jurisdiction.
(b) Nothing contained in this section allows any government to prohibit the legitimate display of
firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation
of firearms through any jurisdiction, whether in airports or otherwise.
(c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer
who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as
provided in 45-8-317."
NEW SECTION. Section 12. Repealer. The following sections of the Montana Code Annotated are
repealed:
45-8-317. Exceptions.
45-8-339. Carrying firearms on train -- penalty.
Section 13. Severability. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 14. Codification instruction. [Sections 1 through 7] are intended to be codified as an
integral part of Title 45, chapter 8, part 3, and the provisions of Title 45, chapter 8, part 3, apply to [sections 1
through 7].
Section 15. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on
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passage and approval.
(2) [Section 6] is effective June 1, 2021.
- END -
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HOUSE BILL NO. 102
INTRODUCED BY S. BERGLEE, M. BINKLEY, L. BREWSTER, N. DURAM, P. FIELDER, G. FRAZER, J.
FULLER, S. GALLOWAY, E. HILL, C. HINKLE, J. HINKLE, M. HOPKINS, J. KASSMIER, C. KNUDSEN, R.
KNUDSEN, B. LER, R. MARSHALL, T. MOORE, J. PATELIS, B. PHALEN, V. RICCI, J. SCHILLINGER, K.
SEEKINS-CROWE, L. SHELDON-GALLOWAY, J. TREBAS, S. VINTON, D. SKEES, J. CARLSON, J.
GILLETTE, S. KERNS, B. MITCHELL, M. NOLAND, M. STROMSWOLD, B. TSCHIDA, B. BEARD, W. GALT,
B. USHER, K. ZOLNIKOV
AN ACT GENERALLY REVISING GUN LAWS; PROVIDING A LEGISLATIVE PURPOSE, INTENT, AND
FINDINGS; PROVIDING LOCATIONS WHERE CONCEALED WEAPONS MAY BE CARRIED AND
EXCEPTIONS; PROHIBITING THE MONTANA UNIVERSITY SYSTEM AND BOARD OF REGENTS FROM
INFRINGING ON CONSTITUTIONAL RIGHTS AND PROVIDING EXCEPTIONS; PROVIDING A SEPARATE
CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THIS ACT; AMENDING SECTIONS 45-3-111, 45-8-316, 45-
8-328, AND 45-8-351, MCA; REPEALING SECTIONS 45-8-317 AND 45-8-339, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE DATES.
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I hereby certify that the within bill,
HB 102, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2021.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2021.
122
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Associate Planner
Brian Krueger, Development Review Manager
Martin Matsen, Director of Community Development
SUBJECT:Bridger Meadows Preliminary Planned Unit Development, Application 20350
(Quasi-judicial)
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 20350 and move to approve the Bridger
Meadows Planned Unit Development with relaxations numbers 1-6, subject
to conditions and all applicable code provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The property owner and applicant submitted an application for the
construction of 16 residential dwelling units on 16 lots. Six relaxations are
requested with this PUD. The development also includes a 7.15 acre wildlife
refuge and wetland preservation site, and 1.72 acres of open space. The site
is presently vacant and surrounded by residential subdivisions to the north
and east, a commercial development to the south and Glen Rotary Park to
the west. The site is accessed from Birdie Drive to the east and emergency
vehicle access from Commercial Drive to the south. There is an access
easement through the Links Condominium Development to the east. The
property is zoned R-1.
For full analysis and background, see attached staff report.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended
conditions;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
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4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items. This alternative is requested if the Commission wishes
to amend or add conditions of approval.
FISCAL EFFECTS:NA
Attachments:
20350 PUD CC Staff Report.pdf
Report compiled on: July 8, 2021
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Page 1 of 21
20350, Staff Report for the Bridger Meadows PUD Preliminary Plan
Public Hearing Date: Design Review Board (DRB), June 9, 2021 at 5:30 pm via WebEx.
City Commission, July 20, 2021 at 6:00 pm via WebEx. A WebEx link will be provided
with the City Commission agenda.
Project Description: A Preliminary Planned Unit Development (PUD) to create a major
subdivision that includes 16 single family household lots on 11.87 acres. The development also
includes a 7.15 acre wildlife refuge and wetland preservation site and 1.72 acres of open space.
The property is zoned R-1. Six relaxations are requested with this application. This project
includes a Preliminary Plat and comments on that application are affiliated with application
number 20351.
Project Location: S31, T01S, R05E, C.O.S. 885 TRACT NW4SE4, 12 acres, Bozeman,
Gallatin County, Montana.
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 20350 and move to approve the Bridger Meadows
Planned Unit Development with relaxations numbers 1-6, subject to conditions and all applicable
code provisions.
Report Date: July 8, 2021
Staff Contact: Sarah Rosenberg, AICP, Associate Planner
Lance Lehigh, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The property owner and applicant submitted a preliminary planned unit development (PUD)
application to create 16 residential lots and five common open space lots on 11.87 acres.
The development also includes a 7.15 acre wildlife refuge and wetland preservation site, and
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20350, Staff Report for the Bridger Meadows PUD Page 2 of 21
1.72 acres of open space. The site is presently vacant and surrounded by residential
subdivisions to the north and east, a commercial development to the south and Glen Rotary
Park to the west. The site is accessed from Birdie Drive to the east and emergency vehicle
access from Commercial Drive to the south.
The property is zoned R-1.Six relaxations to the Bozeman Municipal Code (BMC) zoning
regulations are proposed with the application:
1. 38.400.010.A.8. A relaxation from the requirement for a second means of public
access to the site.
2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac.
3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead
providing a 50’ width.
4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both
sides of the street with only one side of the street having a sidewalk.
5. 38.410.040.B. A relaxation from the block length requirements.
6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse
setback for lots 4 through 14, which is 50 feet.
The Design Review Board reviewed this application on June 9, 2021. Public comment was
taken at the meeting and comments in opposition of the project cited concerns with access,
wetland encroachment, and privacy between the proposed development and the Village
Green development that borders the property to the east. The DRB cited that they had
concerns with wetland encroachment and fill, the negative impacts that the development
could have on wildlife, and the relationship between the neighboring properties and the
proposed project. Although the DRB found that the project is a challenging site, it
determined that the development does meet the intent and standards of a PUD; therefore
they recommended approval 5-0. Video of the meeting can be found here:
https://bozeman.granicus.com/player/clip/99?view_id=1&redirect=true
This application is affiliated with a Preliminary Plat application, 20351. The Planning Board
reviewed the preliminary plat application on Monday, June 21, 2021 and recommended
approval of the preliminary plat 5-1. Video of the meeting can be found here:
https://bozeman.granicus.com/player/clip/104?view_id=1&redirect=true
The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary
approval and the review authority must find that the overall development is superior to that
offered by the basic existing zoning standards as required in BMC 38.320.030.A.4. The intent of
a PUD is to promote maximum flexibility and innovation in development proposals within the
City. The applicants can request relaxations from the code in exchange for a higher quality of
design. The obligation to show a superior outcome is the responsibility of the applicant. The
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20350, Staff Report for the Bridger Meadows PUD Page 3 of 21
applicant asserts that the overall outcome of the proposal is superior to what would be obtained
from the application.
The City received written public comment that opposes the project. A public comment was
received at the DRB meeting on June 9, 2021 from the Rabb Law Firm who represents the Links
Condominium Owners Association (COA). According to the public comment, there is a pending
legal lawsuit between Golf Course Partners, and the Links COA in regards to the access
easement to the Bridger Meadows property. At this time, the City is reviewing the access
easements and will require valid, recorded easements at final plat to ensure access to the
property.
Public comment has been received in both support and opposition of the project. The public
comment can be found at this link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMAN&cr
=1
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. 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. This
alternative is requested if the Commission wishes to amend or add conditions of
approval.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 3
TABLE OF CONTENTS .......................................................................................................... 4
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - REQUESTED RELAXATIONS ....................................................................... 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 10
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .................................... 10
SECTION 6 – STAFF ANALYSIS AND FINDINGS .......................................................... 10
Applicable Plan Review Criteria, Section 38.230.100, BMC. .......................................... 10
Planned Unit Development Review Criteria, Section 38.430.090.E, BMC. .................... 14
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 18
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 19
APPENDIX C – PROJECT BACKGROUND ....................................................................... 19
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 19
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................... 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
Figure 1: Zoning Classification
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Figure 2. Site Plan
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Figure 3. Illustrative Plan
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SECTION 2 - REQUESTED RELAXATIONS
The PUD has six relaxations requested. The relaxations may be granted with a Planned Unit
Development (PUD). The criteria for granting PUD relaxations are included in BMC
38.430.030.A.4.c. Staff has reviewed the criteria and finds that the relaxations meet justification
for approval. These relaxations need to be approved in order for the proposed plat to comply:
1. 38.400.010.A.8. A relaxation from the requirement for a second means of public
access to the site.
2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac.
3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead
providing a 50’ width.
4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides
of the street with only one side of the street having a sidewalk.
5. 38.410.040.B. A relaxation from the block length requirements to allow for a longer
block length.
6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse
setback for lots 4 through 14, which is 50 feet.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the PUD application. Staff has considered the impacts as
identified in the staff analysis and application materials and these conditions of approval are
reasonably related and roughly proportionate to the development.
1. BMC 38.220.070. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. BMC 38.430.040.A. The final planned unit development plan must be submitted,
reviewed, and approved prior to the approval of any subsequent site plan.
3. BMC 38.220.120. The applicant shall submit with the application for Final PUD Plan review and approval, a written narrative stating how they have responded to each of these comments. This narrative shall be in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. BMC 38.430.040.A The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines, and associated property owners’ association documents:
a. 38.400.010.A.8. A relaxation from the requirement for a second means of public
access to the site.
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b. 38.400.010.A.9. A relaxation to allow for a cul-de-sac.
c. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead
providing a 50’ width. d. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides of the street with only one side of the street having a sidewalk. e. 38.410.040.B. A relaxation from the block length requirements to allow for a longer
block length.
f. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse setback for lots 4 through 14, which is 50 feet.
5. BMC 38.420.080. Trail totems shall be installed at the entrances of the trail. Final design of the trail totem must be approved by the Parks Department.
6. BMC 38.410.060.A. Ten foot front setback utility easements must be provided for as
shown on the preliminary planned unit development plans either through individual recordable documents or through the final plat review process prior to final planned unit development plan approval.
7. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and
approved by the City of Bozeman before the approval of the final plat.
8. BMC 38.430.030. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Bridger Meadows Subdivision Phase are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in the Bridger Meadows Design Guidelines. Lot owners are advised that these are
specific to the Bridger Meadows Subdivision and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger Meadows approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Bridger Meadows Planned Unit Development. Modifications are strongly discouraged. It is the
obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan.
9. BMC 38.430.070.D. The City of Bozeman has relied upon the overall design and design
standards required as part of the planned unit development application. The design and design standards may not be altered without consent of the City.
10. With final PUD covenants and design manual, provide a one page exhibit of each lot identified by legal description that includes setback requirements, watercourse setback zones (if applicable), building area, and landscape/watercourse setback planting
requirements.
11. BMC 38.410.100.A. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline, etc.) can be located within the watercourse setback. This language must be included in the Design Manual and Covenants.
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12. BMC 38.400.110. Public access easements must be provided as shown on the preliminary
planned unit development plans for all publicly accessible open space areas prior to final
planned unit development plan approval.
13. No property may be removed from the PUD or covenants without written approval of the City of Bozeman.
SECTION 4 – REQUIRED CODE PROVISIONS
1. 38.410.100. With the final PUD, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on May 19, 2021.
Public hearing date for the Design Review Board was on June 9, 2021. The hearing was held via
WebEx. The DRB recommended approval 5-0 of the PUD.
Public hearing date for the City Commission is July 20, 2021 at 6:00 PM. The hearing will be
held via WebEx with a WebEx link provided with the City Commission Agenda.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this report
is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.230.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, do not in any way create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
Yes. The property has a future land use designation of Urban Neighborhood. The change in
intensity is anticipated by the growth policy in areas of the city with adequate infrastructure. The
proposed use of residential units is in conformance with the City’s adopted growth policy, the
Bozeman Community Plan, including the following goals and objectives:
Goal N-1.4: Promote the development of accessory dwelling units.
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The Bridger Meadows development allows for accessory dwelling units as outlined in the R-1
zone district allowable uses and the Design Covenants.
Goal N-1.10: Increase connectivity between parks and neighborhoods through continued trail
and sidewalk development. Prioritize closing gaps within the network.
The Bridger Meadows development provides additional pathways that connect to the City’s
existing trail network. A pedestrian network borders the northeast that connects to the Glen Lake
Rotary Park and the Story Mill Community Park.
Goal EPO-2: Work to ensure that development is responsive to natural features.
Sensitive lands exist on the site which are to be preserved into a 7.15 acre wildlife refuge area.
This area is located to the west of the developable lots. This wildlife refuge is adjacent to the
Glen Lakes Rotary park area which creates a larger ecosystem that promotes habitation for
wildlife and additional preservation of natural features.
2. Conformance to this chapter, including the cessation of any current violations
There are no known violations on the property. The project proposes several alternative
standards for development within the PUD. If the remaining PUD and subdivision processes are
completed, and the City Commission approves the requested relaxations, then the project will be
in conformance. If the Commission does not approve the relaxations then the project will not be
in conformance and should not be approved.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposed uses of the site are consistent with regulations. If approved, additional steps will be
required including but not limited to final payment for cash in lieu of water rights, approval of
the final planned unit development, dedication of the utility easements, construction of
infrastructure, and building permits. The Building Division of the Department of Community
Development will review the requirements of the International Building Code for compliance at
the time of building permit application. Condition of approval 1 requires full compliance with all
applicable code requirements.
4. Conformance with special review criteria for applicable permit type as specified in
article 2
The PUD criteria are reviewed below on page 14. The project meets the requirements and criteria
as presented.
5. Conformance with the zoning provisions of article 3, including permitted uses, form
and intensity standards and requirements, applicable supplemental use criteria, and
wireless facilities and/or affordable housing provisions if applicable
The uses are permitted in the R-1 district. Form and intensity standards are met with the
proposal. No relaxations from the R-1 form and intensity standards are requested with this
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application. Future building permits will be reviewed to determine compliance with
38.350.070: Parking and garage for single to four household residential uses and
38.360.220: Single, two, three, and four household dwellings.
6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element provisions, and
park and recreational requirements
Access to the site is via a proposed extension of the drive off Birdie Drive through the Links
Condominium development to the east via a public access easement. A secondary emergency
access to the site comes from the south off Commercial Drive. This access is gated at the
property line that is in accordance to Fire Department requirements. This second access is not
feasible as a public entrance due to physical constraints on the alignment and the connection to
Commercial Drive. Relaxation number 1 requests there only be one public access, which the
Development Review Committee (DRC) supports, since there are no other possible locations for
public access due to the presence of critical lands and adjacency to parks and other development.
A cul-de-sac is proposed at the end of the drive through the development with relaxation number
2. Typically, cul-de-sacs are prohibited unless they are deemed necessary due to topography, the
presence of critical lands, lack of other options for legal access, or other similar site constraints.
Since there are site constraints and critical lands within the development, a cul-de-sac is
requested to provide access to the interior home sites. The DRC has analyzed this proposal and
found that the use of the cul-de-sac is deemed necessary.
A relaxation for a narrower right of way width of 50 feet rather than the standard 60 feet is
requested to eliminate impacts to the existing wetlands. The street itself meets all City standards
for all local streets including curb-to-curb width, slopes, and horizontal alignment. The DRC is
in support of this relaxation.
Pedestrian access is provided from the street directly through and into the project. Rather than a
sidewalk on both sides of the street as relaxation number 4 requests, the East Gallatin trail along
the north side of the road provides pedestrian circulation to and around the development. A spur
trail through open space 1 and 2 adjacent to lot 1 and in between lots 7 and 8 provide a midblock
pedestrian connection for viewing the wildlife refuge. This also helps alleviate the long block
length that the applicant is requesting with relaxation number 5. The DRC is in support of both
of these relaxations since there is adequate pedestrian infrastructure to connect the development
to adjacent lands. All open space and trails through the development include a public pedestrian
easement so that community members can access views of the wildlife refuge.
Water and sewer is provided to each lot through mains within City owned rights of way. The
applicant will be constructing water mains to support the site. Site surface drainage generally
meets standards at this level in the design for the streets and development. Cash in lieu of water
rights is proposed and will be paid with the final site plan for site development.
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Parkland is required for the site and the applicant is requesting a cash-in-lieu of dedicated
parkland since the development is nearby the Glen Lake Rotary Park and Story Mill Community
Park. The City has not accepted the 7.15 acres of the wildlife refuge as parkland due to
environmental and natural resource constraints. This will be maintained by the Property Owners
Association. There will be no trails within the wildlife refuge to minimize conflict with wildlife
and negative impacts to the sensitive lands.
7. Conformance with the project design provisions of article 5, including compatibility
with, and sensitivity to, the immediate environment of the site and adjacent
neighborhoods and other approved development; design and arrangement of the
elements of the plan; landscaping; open space; lighting, signage;
Not applicable as single household dwellings do not have to adhere to Article 5.
8. Conformance with environmental and open space objectives set forth in articles 4—6,
including the enhancement of the natural environment, watercourse and wetland
protections and associated wildlife habitats; and if the development is adjacent to an
existing or approved public park or public open space area, have provisions been made
in the plan to avoid interfering with public access to and use of that area
The applicant is requesting a relaxation of the requirement to extend the watercourse setback to
the edge of any delineated 100-year floodplain and connected wetlands. The applicant proposes
to place fill within the 100-year floodplain fringe (i.e., outside the FEMA-defined 100-year
floodway) on the south/west side of Lots 3, 4, 5, 6, 9, 10, 11 and 12 of the proposed
development. In addition, it is proposed to excavate and remove existing soil from the 100-year
floodplain fringe west of Lot 6. The fill material being removed is an historic artificial fill, so
this area is being mitigated to resemble the previous, historic elevations prior to fill placement.
According to the wetland delineation report, this excavation and fill will assist in more flood
carrying capacity to the floodplain.
The Applicant proposes to place fill within the wetlands in Lot 4 and in Lots 10, 11 and 12. A
404 permit application is required with the final plat application. The wetlands delineation report
can be found under Appendix D of this application. In order to mitigate for the proposed wetland
buffer width reductions, there are measures proposed in the Building Design Guidelines to
reduce runoff into the sensitive lands (i.e. rain barrels and infiltration facilities) and native
grasses will be planted within and along the buffer. The configuration of the development is also
intended to create a buffer between the public circulation areas and wildlife refuge areas.
Condition of approval numbers 12 and 13 address the restrictions set on the lots so that no
structures can be built within the watercourse setback and the appropriate watercourse plantings
are provided.
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In total, there will be .09 acres of impacts on the wetlands and .41 acres of impacts to the
floodplain area. Since the mitigation impacts are under 1/10th of an acre, no additional mitigation
is needed.
9. Conformance with the natural resource protection provisions of article 4 and article 6
Wetlands and the East Gallatin River are located adjacent to the site. Code provision number 1
requires a watercourse planting plan with the final PUD. The project proposes to re-plant
existing wetland vegetation mats from impacted wetlands into this area.
10. Other related matters, including relevant comment from affected parties
Public comment has been received both in support and opposition of the project. See project
summary above for link to all public comment.
11. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming
Not applicable. The site will be divided according to the companion subdivision (20351).
12. Phasing of development
Not applicable. The project is proposed to be constructed in one phase.
Planned Unit Development Review Criteria, Section 38.430.090.E, BMC.
The application presents the applicant’s response to these criteria. In addition to the criteria for
all site plan and conditional use reviews, the following criteria will be used in evaluating all
planned unit development applications.
A. All development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and specifications
for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation
companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm
drainage, cable television, and streets?
Yes. The proposed Bridger Meadows development will be connected to and be served by City
utilities. The proposed development is near the proposed public safety center (fire station) and
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response time is expected to be under 2 minutes. Additionally, the developer looks to enhance
and exceed city requirements with respect to creation and dedication of 7.15 acre wildlife refuge.
The streets will be designed and constructed to meet city standards with some relaxations for
right of way width and pedestrian facilities, as noted in the relaxation request section of this
application. Appropriate easements for street construction, utilities, emergency access, and trails
are provided. See list of relaxations for additional information on trails, walks, and utility ways,
as well as flood hazard areas, streets and for sidewalk along both sides of street.
(2) Does the project preserve or replace existing natural vegetation?
Yes. The developer looks to enhance and exceed city requirements by preserving approximately
7.15 acres as a wildlife refuge with woodland and wetland habitat. In addition, the developer
plans to incorporate requirements for natural, sustainable, and local vegetation in the
development design guidelines. The Design Guidelines will include a list of recommended plant
species for all trees, perennials and shrubs that are either native to the region or adapted to our
climate and growing zone. Drought tolerant plants will be recommended for most locations on-
site with the exception of wet areas where it will make sense to have plants that tolerate wet
roots. Plants will be selected for diversity of size, canopy, color and seasonal interest for both
the purposes of providing habitat and visual interest.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned
unit development?
Yes. The applicant has incorporated comments obtained from the City representatives through
various meetings held throughout the process. The modifications suggested and discussed with
City representatives including placement of the lots, roads, sidewalks, wildlife refuge, and
wetlands are incorporated. The project will provide emergency access with Knox pad lock
through an easement at Commercial Drive as recommend by the fire department and is
addressing floodplain and watercourse setbacks. The applicant states that it has worked with
adjacent property owners and the City to resolve access and easement issues on this central infill
project. One public comment indicated that there is pending litigation regarding the access to
this site. The City will require proof of a valid easement to access the site prior to final plat
approval. In addition, the applicant will establish a maintenance agreement between the Home
Owners Association and adjacent owners along the easement to Commercial Drive to maintain
the emergency access year-round – both within and outside the property boundary. The site
layout accommodates UDC issues where applicable and requests relaxations where necessary to
protect the wetlands and wildlife habitats, provide safe and convenient access and improve the
property with respect to the Bozeman Community Plan. Relaxations are requested to
accommodate existing site conditions imposed on the site by previous development of
surrounding properties and provide additional improvements above and beyond the Bozeman
Municipal Code to create a superior environment, exceed the requirements of the code standards,
and create an excellent living environment within the Bozeman community.
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(4) Does the design and arrangement of elements of the site plan (e.g., building construction,
orientation, and placement; transportation networks; selection and placement of landscape
materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of
energy use by the project?
Yes. Design Regulations and Guidelines encourage sustainable design practices.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy by the residents of the project?
Yes. The applicant has made adjustments and modifications with respect to lots, roads and trails
to better accommodate privacy, efficiency and limit impacts to the overall site including the
wetlands. The revisions have taken into account the staff comments and adjustments made
accordingly to improve the overall design. The arrangement of the lots and roads are consistent
with recommendations and discussions with city representatives and advisors to the project.
(6) Parkland. Does the design and arrangement of buildings and open space areas contribute to
the overall aesthetic quality of the site configuration, and has the area of park land or open
space been provided for each proposed dwelling as required by section 38.420.020?
Yes. The applicant looks to dedicate over 7.15 (60.2%) of the site to a protected wildlife refuge
as well as provide open space and recreational space. This dedicated area exceeds the city
requirement per section 38.420.020 and table 38.420.020.A. The required dedication is .3 acres
based on the maximum required dedication per acre of 10 dwellings for R-1 (10 dwellings x .03
acres). The applicant is providing 7.15 acres of wildlife refuge habitat and .52 acres of open
space which exceeds the requirements for even 16 dwellings (16 dwellings x .03) at .48 acres. In
addition, the developer will provide a play area and gathering area accessible by trails at the
southeast end of the wildlife refuge. The dedication of this property to open space demonstrates
Bridger Meadows efforts to create a superior environment, exceed the requirements of the code
standards, and create an excellent living environment within the Bozeman community.
(7) Performance. All PUDs shall earn at least 20 performance points.
Yes. This PUD proposes to use (a) Additional Open Space to earn its 20 performance points
based on the open space provided. Between the wildlife refuge, public and non-public open
space, and wayfinding signage, a total of 69.71 points are achieved.
(8) Is the development being properly integrated into development and circulation patterns of
adjacent and nearby neighborhoods so that this development will not become an isolated "pad"
to adjoining development?
Yes. The development will correct the isolation imposed on this property by decisions made over
the years that resulted in very limited access and easement connections to adjacent properties.
The applicant has made exemplary efforts to incorporate comments obtained from the City
representatives through various meetings. The modifications suggested and discussed with city
representatives including placement of the lots, roads, sidewalks, wildlife refuge, and wetlands
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have been incorporated. The project will provide a swing gate with Knox padlock at the
emergency access and will address flood plain and water course setbacks as stated elsewhere in
this application. The site layout accommodates Bozeman Municipal Code issues where
applicable and requests relaxations where necessary to protect and enhance the wetlands and
wildlife habitats, provide safe and convenient access and improve the property with respect to
the Bozeman Community Plan. Relaxations are requested to accommodate existing site
conditions imposed on the lot by previous development of surrounding properties and to provide
additional improvements above and beyond the requirements of the Bozeman Municipal Code.
B. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the
maximum extent possible, preserve and promote the unique character of
neighborhoods, with provisions for a mix of limited commercial development. For
purposes of this section, "limited commercial development" means uses listed in the
B-1 neighborhood service district (article 10 of this chapter), within the parameters
set forth below. All uses within the PUD must be sited and designed such that the
activities present will not detrimentally affect the adjacent residential neighborhood.
The permitted number of residential dwelling units shall be determined by the
provision of and proximity to public services and subject to the following
limitations:
(1) On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set forth in the land
use guidelines of the city growth policy?
Yes. The development proposes single family detached houses which is an allowed use in the R-
1 zone district. It is consistent with the development surrounding the subject property.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies,
etc.) for use by the residents and employees of the project which are sufficient in size and have
adequate light, sun, ventilation, privacy and convenient access to the household or commercial
units they are intended to serve?
Yes. Every lot or home has access to private outdoor space. There are common open space lots
that will provide pedestrian amenities.
(3) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
Yes. As discussed previously, there is ample open space in and around the development and
larger neighborhood parks nearby.
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(4) If the project is proposing a residential density bonus as described below, does it include a
variety of housing types and styles designed to address community wide issues of affordability
and diversity of housing stock?
Not applicable.
(5) Is the overall project designed to enhance the natural environment, conserve energy and to
provide efficient public services and facilities?
Yes. Bridger Meadows is designed and intended to achieve a vibrant infill project while creating
a distinct identity and connecting to natural areas and open space.
(6) Residential density bonus. If the project is proposing a residential density bonus (30 percent
maximum) above the residential density of the zoning district within which the project is located
and which is set forth in article 8 of this chapter, does the proposed project exceed the
established regulatory design standards (such as for setbacks, off-street parking, open space,
etc.) and ensure compatibility with adjacent neighborhood development? The number of
dwelling units obtained by the density bonus shall be determined by dividing the lot area
required for the dwelling unit type by one plus the percentage of density bonus sought. The
minimum lot area per dwelling obtained by this calculation shall be provided within the project.
Those dwellings subject to chapter 10, article 8, shall be excluded in the base density upon which
the density bonus is calculated.
Not applicable.
(7) Limited commercial. If limited commercial development, as defined above, is proposed within
the project, is less than 20 percent of the gross area of the PUD designated to be used for offices
or neighborhood service activities not ordinarily allowed in the particular residential zoning
district?
No limited commercial development is proposed.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote
the unique character of neighborhoods in the surrounding area?
Yes. Bridger Meadows will have its own, unique character reinforced through architecture, site
design and circulation. Visual and physical connections to adjacent neighborhoods and shared
open space transitions will promote its individuality as well as allow it to blend in with the
pattern of the larger neighborhood.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The intent of the R-1 residential low density district is to
provide for primarily single-household residential development and related uses within the city at
urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in
developed areas consistent with the established development patterns while providing greater
flexibility for clustering lots and housing types in newly developed areas. 2. Providing for such
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community facilities and services as will serve the area's residents while respecting the
residential character and quality of the area.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Urban Neighborhood.”
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.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. 38.220.420, BMC. Notice was provided by posting the site,
mailing by certified mail to adjacent property owners and by first class mail to all other owners
within 200 feet on June 6, 2021. The site was posted with a notice on June 6, 2021 and a legal
advertisement was published in the Bozeman Daily Chronicle on June 6, June 20, and July 18,
2021. Content of the notice contained all elements required by Article 38.220., BMC.
Public comment has been received both in support and opposition of the project and can be
found at the following link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMAN&cr
=1
APPENDIX C – PROJECT BACKGROUND
The subject property was annexed into the city in May 2018 with R-1 zoning.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant/Representative: Bridger Center LLC, 3701 Tracker Trail, Suite 1B #20,
Bozeman, MT, 59718
Report By: Sarah Rosenberg, AICP, Associate Planner
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APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit
development (PUD) concept, to promote maximum flexibility and innovation in the development
of land and the design of development projects within the city. Specifically, with regard to the
improvement and protection of the public health, safety and general welfare, it shall be the intent
of this chapter to promote the city's pursuit of the following community objectives:
1. To ensure that future growth and development occurring within the city is in accord with
the city's adopted growth policy, its specific elements, and its goals, objectives and
policies;
2. To allow opportunities for innovations in land development and redevelopment so that
greater opportunities for high quality housing, recreation, shopping and employment may
extend to all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open
space and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water
quality and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage
trip consolidation, thereby reducing traffic congestion and degradation of the existing air
quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special
features of the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood and the community as a
whole;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
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20350 Design Review Board Staff Report for the Bridger Meadows PUD Page 21 of 21
Documents Folder” link and navigate to application #20350, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=228054&dbid=0&repo=BOZEMAN
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-350
145
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Associate Planner
Brian Krueger, Development Review Manager
Martin Matsen, Director of Community Development
SUBJECT:Bridger Meadows Major Subdivision Preliminary Plat, Application 20351
(Quasi-judicial)
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 20351 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Bridger Meadows major subdivision proposes to create 16 residential
lots and 5 common open space lots. It is affiliated with a Planned Unit
Development (application 20350).
For full background information, see attached staff report.
UNRESOLVED ISSUES:If the Planned Unit Development (PUD) and associated relaxations are not
approved, then the conditions and findings of this report will need to be
modified. The analysis summarized in this report assumed approval of the
requested relaxations. Staff has recommended approval of the PUD and
associated relaxations.
ALTERNATIVES:1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended
conditions;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. 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. This alternative is requested if the Commission wishes
to amend or add conditions of approval.
146
FISCAL EFFECTS:NA
Attachments:
20351 PP CC Staff Report.pdf
Report compiled on: July 8, 2021
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Page 1 of 27
20351, Staff Report for the Bridger Meadows Major Subdivision
Public Hearing Date: Planning Board June 21, 2021 at 6:00 via WebEx. A WebEx link will be
provided with the Planning Board agenda.
City Commission, July 20, 2021 at 6:00 pm via WebEx. A WebEx link will be provided
with the City Commission agenda.
Project Description: Preliminary plat to create a major subdivision that includes 16 residential
lots and 5 common open space lots. The development also includes a 7.15 acre wildlife
refuge and wetland preservation site and 1.72 acres of open space. The property is zoned
R-1. This project includes a PUD and comments on the PUD are affiliated with
application number 20350. Six relaxations are requested with the PUD application.
Project Location: S31, T01S, R05E, C.O.S. 885 TRACT NW4SE4, 12 acres, Bozeman,
Gallatin County, Montana
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 20351 and move to recommend approval of
the Bridger Meadows subdivision with conditions and subject to all applicable code
provisions.
Commission Recommend Motion: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented
in the staff report for application 20351 and move to approve the Bridger Meadows
subdivision with conditions and subject to all applicable code provisions.
Report Date: July 8, 2021
Staff Contact: Sarah Rosenberg, Associate Planner
Lance Lehigh, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
If the Planned Unit Development (PUD) and associated relaxations are not approved, then the
conditions and findings of this report will need to be modified. The analysis summarized in this
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20351, Staff Report Bridger Meadows Major Subdivision Page 2 of 27
report assumed approval of the requested relaxations. Staff has recommended approval of the
PUD and associated relaxations.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The property owner and applicant submitted a preliminary plat application to create 16
residential lots and five common open space lots on 11.87 acres. The development also
includes a 7.15 acre wildlife refuge and wetland preservation site, and 1.72 acres of open
space. The site is presently vacant and surrounded by residential subdivisions to the north
and east, a commercial development to the south and Glen Rotary Park to the west. The site
is accessed from Birdie Drive to the east and emergency vehicle access from Commercial
Drive to the south. The property is zoned R-1.
This preliminary plat application is affiliated with a Preliminary Planned Unit Development
(PUD), application 20350. The Design Review Board (DRB) reviewed the PUD on
Wednesday, June 9 and recommended approval of the PUD 5-0. Video of the meeting can
be found here:
https://bozeman.granicus.com/player/clip/99?view_id=1&redirect=true
Six relaxations to the Bozeman Municipal Code (BMC) zoning regulations are proposed
with the PUD application:
1. 38.400.010.A.8. A relaxation from the requirement for a second means of public
access to the site.
2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac.
3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead
providing a 50’ width.
4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both
sides of the street with only one side of the street having a sidewalk.
5. 38.410.040.B. A relaxation from the block length requirements.
6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse
setback for lots 4 through 14, which is 50 feet.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. The Development Review
Committee (DRC) deemed the application adequate for continued review on May 19, 2021.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by August 11, 2021, unless there is a written extension from the
developer, not to exceed one year.
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20351, Staff Report Bridger Meadows Major Subdivision Page 3 of 27
The Planning Board reviewed this application on Monday, June 21. Public comment was taken at
the meeting and many in opposition to the project cited concerns with impacts to the wetlands,
access to the property, and how the development impacts the properties that abut the
development. The Planning Board found that the application does satisfy the goals of the Growth
Policy and although there are some serious site constraints, it is an infill project that meets
subdivision standards. They recommended approval of the preliminary plat 5-1. Video of the
meeting can be found here:
https://bozeman.granicus.com/player/clip/104?view_id=1&redirect=true
Written public comment has been received that opposes the project. A public comment was
received at the Design Review Board meeting on June 9, 2021 from the Rabb Law Firm who
represents the Links Condominium Owners Association (COA). According to the public
comment, there is a pending legal lawsuit between Golf Course Partners, and the Links COA in
regards to the access easement to the Bridger Meadows property. At this time, the City is
reviewing the access easements and will require valid, recorded easements prior to final plat
approval to ensure access to the property.
Additional public comment has been received in opposition of the development. The public
comment can be found at this link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMAN&cr
=1
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. 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. This
alternative is requested if the Commission wishes to amend or add conditions of
approval.
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20351, Staff Report Bridger Meadows Major Subdivision Page 4 of 27
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED RELAXATIONS ............................................................................ 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 13
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 17
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 17
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 17
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19
Preliminary Plat Supplements ........................................................................................... 22
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 26
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 26
APPENDIX C – PROJECT BACKGROUND ............................................................................. 26
APPENDIX D - OWNER INFORMATION and REVIEWING STAFF .................................... 27
ATTACHMENTS ......................................................................................................................... 27
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SECTION 1 - MAP SERIES
Figure 1. Zoning classification
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Page 6 of 27
Figure 2. Preliminary Plat
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Figure 3. Illustrative Plan
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Figure 4. Watercourse Exhibit
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Page 9 of 27
SECTION 2 – REQUESTED RELAXATIONS
There are no variances requested with this subdivision application. The associated PUD has
requested six relaxations. Analysis of the requested relaxations is provided under the PUD staff
report. To enable understanding of why the proposed plat does not comply with typical
standards, the relaxations are listed here:
1. 38.400.010.A.8. A relaxation from the requirement for a second means of public
access to the site.
2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac.
3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead
providing a 50’ width.
4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides
of the street with only one side of the street having a sidewalk.
5. 38.410.040.B. A relaxation from the block length requirements to allow for a longer
block length.
6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse
setback for lots 4 through 14, which is 50 feet.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application. Staff has considered the
impacts as identified in the staff analysis and application materials and these conditions of
approval are reasonably related and roughly proportionate to the development.
1. BMC 38.220.070. The applicant shall submit with the application for final plat review and
approval, a written narrative stating how each of the conditions of preliminary plat approval
and noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc.
in the submittal.
2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with
required or offered dedications, the subdivider (or owner of the property being subdivided if
the owner is not the subdivider) shall transfer ownership to the property owners’ association
(POA) of any open space proposed to be conveyed to the POA and all its right, title, and
interest in any improvements made to such parkland or open space. For the transfer of real
property, the subdivider or owner of the property shall submit with the application for final
plat a warranty deed or other instrument acceptable to the City Attorney transferring fee
simple ownership to the POA and associated realty transfer certificate. The subdivider or
owner of the property must record the deed or instrument at the time of recording of the final
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plat. For personal property installed upon open space owned by the property owners
association, the subdivider shall provide an instrument acceptable to the City Attorney
transferring all its rights, title and interest in such improvements including all applicable
warranties to such improvements.
3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of
any platted tract to the City or other entity in association with filing of the final plat.
4. BMC 38.410.060.A. The final plat must provide and depict all necessary utility easements
and they must be described, dimensioned and shown on each subdivision block of the final
plat in their true and correct location.
5. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding
open space established in the municipal code the following language shall be included
on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A,
38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all
common open space areas and trails, and responsibility of maintenance thereof and for
city assessments levied on the common open space lands shall be that of the property
owners’ association. Maintenance responsibility shall include, in addition to the common
open space and trails, all vegetative ground cover, and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets and as
adjacent to public parks or other common open space areas. All areas within the
subdivision that are designated herein as common open space including trails are for the
use and enjoyment by residents of the development and the general public. The property
owners’ association shall be responsible for levying annual assessments to provide for
the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat of the subdivision the subdivider shall transfer
ownership of all common open space areas within each phase to the property owners’
association created by the subdivider to maintain all common open space areas within
Bridger Meadows subdivision. The City may release the Bridger Meadows Property
Owners’ Association from the obligation to maintain parks dedicated to the City at the
City’s discretion.”
6. Codes, Covenants & Restrictions must be updated and submitted with final plat to be
recorded after approval.
7. BMC 38.220.070. The final plat must contain the following notation on the Conditions of
Approval sheet:
a. The responsibility of maintenance for the stormwater facilities, stormwater open
space lots, pedestrian open space lots and street frontage landscaping for the
perimeter streets must be that of the property owners’ association. Maintenance
responsibility must include, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external
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perimeter development streets. The property owners’ association must be responsible
for levying annual assessments to provide for the maintenance, repair, and upkeep of
all perimeter street frontage landscaping and stormwater facilities and all open space
landscaping.
b. All stormwater facilities not on property dedicated to the City of Bozeman require
public utility easement for storm water facility maintenance.
c. Due to known high groundwater conditions in the area no basements will be
permitted with future development of the site. No crawl spaces will be permitted
with future development of the site, unless a professional engineer registered in the
State of Montana certifies that the lowest point of any proposed structure is located
above the seasonal high groundwater level and provide supporting groundwater data
prior to the release of building permit. In addition, sump pumps are not allowed to be
connected to the sanitary sewer system. Sump pumps are also not allowed to be
connected to the drainage system unless capacity is designed into the drainage system
to accept the pumped water. Water from sump pumps may not be discharged onto
streets, such as into the curb and gutter.
d. All downstream water user facilities will not be impacted by this Subdivision.
e. All lots are subject to a ten foot wide front yard utility easement.
f. All Open Space and Public Access areas are to be owned and maintained by the
property owners association.
8. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided
with final plat, then water rights or cash-in-lieu must be provided with any future site plan
development or applicable development application.
9. A one foot no access strip shall be placed along all lots directly adjacent to the emergency
access to prevent direct lot access onto the emergency access pathway.
10. BMC 38.410.060. As presented, common open space lots 02 and 04 as well as the small
section that runs through Lot 7 allows for conveyance and detention for stormwater runoff
from public rights of way and Emergency Access. Public drainage easements must be
provided for the conveyance and detention of stormwater on these lots. The applicant may
contact the Engineering Department to receive a copy of the drainage easement template. The
easement must be filed prior to final plat approval and the easement document number must
be referenced on the Final Plat.
11. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special
districts for the following, if not already filed:
a. Intersection improvements at Story Mill Road and Rouse Avenue including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
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b. Intersection improvements at East Griffin Drive and Rouse Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
12. The applicant did not provide any information on how the adjacent emergency access and
public access off Commercial Drive will be maintained both on and off-site. The applicant is
advised that the City will not maintain the emergency access and public access to the Bridger
Meadows Development. The applicant must provide the following prior to final plat
approval:
a. The applicant must submit a draft maintenance agreement between the City and
associated parties’ that agrees to indemnify and hold the City harmless for any
damages and clearly delineates maintenance and replacement responsibilities
associated with the emergency access and public access easement, which includes
snow removal, pavement maintenance, painting, striping, traffic marking, and all
other maintenance responsibilities.
b. The draft agreement must be accompanied by an exhibit stamped by a licensed
professional surveyor.
c. The draft agreement must be submitted for approval from the Public Works Director
with subsequent approval from the City's Legal Department.
d. Upon City review and approval, the applicant must provide an owner executed
original agreement to the City prior to final plat approval.
e. The agreement must be incorporated into the POA documents.
f. A Condition of approval must be added to the plat that clearly identifies the
maintenance agreement and the responsible parties.
13. BMC 38.400.010. The proposed emergency access will also be used for public access to the
proposed development. The applicant must provide an emergency and public access
agreement that clearly defines the intended use given the unique nature of how the access
will be utilized by both the City and the public. The easement must be recorded and provided
to engineering prior to final plat approval. The recorded easement number must be written in
on the final plat.
14. BMC 38.400.010. Because the applicant has requested a relaxation from the requirement to
have a second means of public access to the site leaving only one means of public access to
the site, the sole means of public access, which may be the subject of pending litigation, is
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critically necessary. A public utility easement and a valid public access easement must be
recorded and provided to engineering prior to final plat approval. The recorded easement
number(s) must be written in on the final plat.
15. BMC 38.600.210. A floodplain permit must be submitted and approved prior to final plat
approval.
16. BMC 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the
Community Development Department with a written statement of a wetland boundary
determination from the U.S. Army Corps of the wetland status. If the wetlands are
determined to be jurisdictional, an approved 404 permit for any changes to the wetland must
be submitted to the Community Development office prior to final plat approval. The
applicant must contact the Gallatin County Conservation District, Montana Department of
Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the
applicant. Approved stream and wetland permits shall be provide prior to public
infrastructure approval for public infrastructure impacts to jurisdictional wetland and
streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat
approval.
17. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e.
swingset, trampoline. etc.) can be located within the watercourse setback. This language
must be included in the POA documents and covenants.
18. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and paid
at the time of final plat approval. A parkland table and cash in lieu amount must be printed
on the final plat.
19. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and
approved by the City of Bozeman before the approval of the final plat.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat.
1. The final plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements
were received, a platting certificate, and all required and corrected certificates. The Final
Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable
base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin
on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions
of Approval sheet as the last same sized mylar sheet in the plat set.
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2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. BMC 38.220.300 & 310. The POA documents must be finalized and recorded with the final
plat. The POA documents must include the requirements of Section 38.220.300 and 310.
4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer
main extensions, streets, and storm water improvements, prepared and signed by a
professional engineer (PE) registered in the State of Montana, which must be provided to and
approved by the City Engineer. Water and sewer plans must also be approved by the
Montana Department of Environmental Quality. The applicant must also provide
professional engineering services for construction inspection, post-construction certification,
and preparation of mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been approved and a
preconstruction conference has been conducted. Building permits will not be issued prior to
City acceptance of the site infrastructure improvements unless all provisions set forth in
Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent
construction.
5. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they
must be described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location. The recorded easement number must be documented on the
final plat.
a. The applicant is advised that all dedicated public easements must be recorded using
the City’s standard template easement documents separate from the plat and the
recorded document number must be listed on the final plat. Easements will be deemed
inadequate if they are not in a final draft format (signatures are not required for the
draft review). Easements must be stamped by a licensed professional surveyor. In
preparing signature blocks on any upcoming documents, please make the following
changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk. If a new member is
established, the easement documents must be updated.
6. BMC 38.410.060. The applicant must provide a ten foot private utility easement (power, gas,
communication, etc.) along the development’s property frontage. The applicant may contact
the Engineering Department to receive a copy of a utility easement template. The easement
must be recorded and provided to engineering prior to final plat approval. The recorded
easement number must be written in on the final plat.
7. BMC 38.410.060. The proposed water and sewer lines extending from Shady Glen Lane to Boylan Road reside in a public access and utility easement. The final plat must reference the recorded easement number.
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8. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land,
personal property, improvements and water rights; documents required.
a. For the transfer of real property in satisfaction of required or offered dedications to
the city, and required or offered donations or grants to the POA, the subdivider or
owner of the property must submit with the application for final plat a warranty deed
or other instrument acceptable to the city attorney transferring fee simple ownership
to the City or the POA.
b. For the transfer of personal property installed upon POA-owned open space, the
subdivider must provide the city an instrument acceptable to the city attorney
transferring all its rights, title and interest in such improvements including all
applicable warranties to such improvements to the City or the POA.
c. The subdivider or owner of the property must record the deed or instrument
transferring ownership or interest at the time of recording of the final plat with the
original of such deed or instrument returned to the City or POA as applicable.
d. For the transfer of ownership interest in water, the subdivider or owner of the
property must submit with the application for final plat a deed or other instrument
acceptable to the city attorney transferring ownership to the City or POA, along with
all required state department of natural resources and conservation documentation,
certification and authorization.
9. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat
prior to the completion of all required improvements, the developer shall enter an
Improvements Agreement with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and conditions
of approval. If the final plat is filed prior to the installation of all improvements, the
developer shall supply the City of Bozeman with an acceptable method of security equal to
150 percent of the cost of the remaining improvements.
10. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must
specifically list all installed improvements and financially guaranteed improvements.
11. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements.
12. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of water-
related improvements. The certificate must list all completed and accepted improvements,
including but not limited to all irrigation system record drawings. The subdivision proposes
irrigation of public street frontage. This certificate must be provided on the final plat.
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13. BMC 38.220.020 & 38.610.050. Approved stream and wetland permits shall be provided
prior to public infrastructure approval for public infrastructure impacts to jurisdictional
wetland and streams. Permits shall be provided prior to final plat approval.
14. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that
identifies the maintenance of the watercourse setback landscaping. The landscaping
identified in the watercourse planting plan must be installed or financially guaranteed prior to
final plat approval.
15. BMC 38.220.020. The developer must provide the City’s Community Development
department with a copy of all required streambed, streambank or wetlands permits, or written
notification from the appropriate agency that a permit is not required, prior to the
commencement of any work on the site or final plat approval, whichever is sooner.
16. BMC 38.240.050. Water rights, or cash-in-lieu thereof, as calculated by the Director of
Public Works, is due with the filing of each subdivision final plat.
17. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate
Mortgagee certificate must be included with the final plat.
18. BMC 38.410.120. If mail delivery will not be to each individual lot within the development,
the developer shall provide an off-street area for mail delivery within the development in
cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow
any mail delivery area constructed within a City right-of-way. If cluster boxes are used, a
dedicated area to pull up and access the boxes must be provided.
19. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of
land dedication, the amount must be stated on the final plat.
20. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that
identifies the maintenance of the watercourse setback landscaping. The landscaping
identified in the watercourse planting plan must be installed or financially guaranteed prior to
final plat approval.
21. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be
installed prior to final plat approval.
22. BMC 38.410.060. Utility easements shall be provided in accordance with the Bozeman
Municipal Code. The required ten foot front yard easement is required for all lots unless
written confirmation is submitted with the preliminary plat from ALL utility companies
providing service indicating that front yard easements are not needed.
23. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the
creation of a POA (Documents)shall be submitted at least 30 working days prior to submitting the final plat application for review by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to
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pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow
removal, maintenance and upkeep of all common areas, public and private parks, trails, storm
water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all
parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet
structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts.. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time
of recording of the final plat.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on May 19, 2021.
Public hearing date for the Planning Board was on June 21, 2021. The hearing was held via
WebEx. The Planning Board recommended approval 5-1 of the subdivision.
Public hearing date for the City Commission is July 20, 2021 at 6:00 PM. The hearing will be
held via WebEx with a WebEx link provided with the City Commission Agenda.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
outlined in code provision number 1, the final plat must comply with State statute, Administrative
Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be
included and updated with the required notations and can be added as required by conditions or
code.
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2. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. The applicant
is advised that unmet code provisions, or code provisions that are not specifically listed as a
condition of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or Montana law. Sections 3 and 4 of this report
identify conditions and code corrections necessary to meet all regulatory standards. Therefore,
upon satisfaction of all conditions and code corrections the subdivision will comply with the local
subdivision regulations.
3. Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The application was received on November 11, 2020 and was deemed inadequate for further
review on December 22, 2020. Revised application materials were received on March 10, 2021
and May 14, 2021. The City deemed the application adequate for review on May 19, 2021. Public
hearings are scheduled for June 21 and July 20, 2021.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman Municipal Code. Based on the recommendation of the DRC and other
applicable review agencies, as well as any public testimony received on the matter, the Planning
Board forwarded a recommendation of approval in a report to the City Commission who will make
the final decision on the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the City
Commission shall approve, conditionally approve or deny the subdivision application by August
11, 2021, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was given as described in Appendix C and public comment has
been received and is outlined below.
On June 16, 2021 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board. On July 8, 2021,
the staff report was completed and forwarded with a recommendation of conditional approval for
consideration to the City Commission.
4. Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for City Commission
consideration in Sections 3 and 4.
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5. The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 4 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street rights of way. Code provision 5, 6, 7, and 22 state that utility
easements need to be provided along front yards and are to be granted with the final plat in
accordance with standards. Access must be provided to all sanitary sewer lines and manholes.
6. The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the
parcel
The final plat will provide legal and physical access to each parcel within the developable area.
The subject property is accessed from an internal drive through the Links Condominium
development off Birdie Lane to the east. A Public Access and Utility Easement between Golf
Course Partners and Bridger Center, LLC grants access to the property through the Links
Condominium Development. This is the only public access to the site and all lots are accessed
from this internal drive. Condition of approval 14 recognizes the legal challenge to this public
access easement and requires a valid, recorded public access easement prior to final plat approval.
A relaxation with the PUD is requested for only one access to the site when two are required as
outlined in the PUD staff report. The DRC is in support of this request.
A secondary emergency access is provided at the south of the development between lots 15 and
16 for emergency vehicles. Condition of approval number 12 requires a maintenance agreement
to be provided with the final plat.
Primary Subdivision Review Criteria, Section 76-3-608
1. The effect on agriculture
This subdivision will not impact agriculture. There is no agricultural production on the property.
The subject property is designated as Urban Neighborhood according to the City of Bozeman
Community Plan.
2. The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. A domestic well exists on the
property that will be abandoned in accordance with the Montana Department of Environmental
Quality (MDEQ).
3. The effect on Local services
Water/Sewer – Water and sewer systems exist to serve the subdivision. The subdivider proposes
to extend water and sewer mains to the subdivision. Code provision 7 requires a city standard
sewer easement where the sewer system is located. Code provision 3 requires the applicant to
submit plans for water and sewer main extensions, approved by the Montana Department of
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Environmental Quality, to be reviewed by the City. Building permits will not be issued prior to
City acceptance of site infrastructure improvements, unless concurrent construction is requested
and conditions allow. Water rights exist for the subject property, the applicant proposes to
transfer to the City ownership existing water rights as outlined in code provision 8.
Streets – The Growth Policy and subdivision standards require adequate connectivity of a
development to the street grid. Access is taken from Birdie Drive to the east via a drive aisle that
goes through the Links Condominium to the site. This drive aisle will be privately maintained by
the POA. A secondary access is an emergency vehicle access from the south off Commercial
Drive. As outlined in condition of approval number 12, a maintenance agreement between the
City and associated parties must be provided with the final plat for this secondary access. The
City has the right to enforce clear access since there will be a public road easement. The POA
will maintain the access. Condition number 13 outlines that this access can also be utilized by the
public and the City.
A preliminary public access easement between Golf Course Partners and Bridger Meadows
Development has been provided to the City. Golf Course Partners owns the land in which the
Links Condominium development is located. As outlined in condition of approval number 14,
the valid, recorded easement must be documented on the final plat in order for the project to have
legal access.
A relaxation with the PUD to allow for a narrower street of 50 feet wide rather than the 60 feet
wide local street width lot is requested. The drive itself meets City local street standards
including curb-to-curb width, slopes, and horizontal alignment. The drive ends at a cul-de-sac,
which are typically prohibited unless they are deemed necessary due to site constraints and lack
of options for legal access. A relaxation with the PUD requests the use of a cul-de-sac which has
been found to be necessary for providing adequate access to the lots.
A sidewalk is provided on the west side of Shady Glen Lane rather than on both sides of the
street. A relaxation with the PUD requests that there only be a sidewalk on one side of the street
since the East Gallatin trail system is on the north side of the street.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Each individual lot will have roof drainage routed to rain barrels or on site
infiltration facilities or to surface drain the runoff to the street to drain into stormwater storage,
infiltration and treatment facilities. The maintenance of the stormwater facilities is the
responsibility of the POA as outlined in condition of approval 7. Inspection of installed facilities
prior to final plat will verify that standards have been met.
Parklands – Parkland will be provided through cash-in-lieu of a land dedication equating to .54
acres. As the subject property is adjacent to Glen Lake Rotary Park to the west and Story Mill
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Community Park to the south, the Parks Division determined that physical land was not
necessary. Cash-in-lieu of parkland is required with the final plat as outlined in condition 17.
4. The effect on the Natural environment
No significant negative impacts to the natural environment have been identified. Where intact
wetlands and watercourses are present, setbacks have been delineated and identified pursuant to
BMC 38.410.100. A 50 foot watercourse setback impacts lots 4-15. A relaxation to reduce the
watercourse setback along these lots is requested with the PUD. Condition number 17 outlines
that no structures can be built within the watercourse setback. Fill will be placed within the
wetlands in order to mitigate for the proposed watercourse buffer width reductions. In order to
mitigate for the proposed watercourse buffer, native grasses will be planted within and along the
buffer. Code provision 14 states that a watercourse planting plan must be prepared that identifies
the maintenance of the watercourse setback landscaping and that must be installed or financially
guaranteed prior to final plat approval.
Condition 16 requires appropriate permitting from the Gallatin County Conservation District,
Montana Department of Environmental Quality, and U.S. Army Corps of Engineers when there
is any disturbance of wetlands on site.
There is a 100-year floodway on the west side of the property. There is a proposed fill that is
localized to lots 3-6 and 9-12. The excavation area is a historic artificial fill from an old road or
railroad bed that is taking up space within the existing floodplain. This fill was placed prior to
the current FEMA floodplain mapping and report. This project proposes to restore elevations to
resemble the elevations prior to fill placement which will increase the flood storage volume.
Condition 15 requires a floodplain permit to be approved prior to final plat approval. In total,
there will be .09 acres of impacts on the wetlands and .41 acres of impacts to the floodplain area.
No additional mitigation to the floodplains and wetlands are required beyond general permits as
the impacts are under 1/10th of an acre.
The site is in an area of high groundwater which may negatively impact future structures or
cause illicit discharges into the sanitary sewer and over burden the surface drainage system.
Condition 7c prohibits use of basements or crawl spaces unless a professional engineer certifies
that the structure has been designed in such a way to accommodate seasonal high groundwater
and requires addition of a notation of this restriction on the conditions of approval sheet. This
requirement will protect both future structure owners from future hazards of flooding and lessen
burden on the public from illicit discharges.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application will irrigate open space and boulevard strips
landscaping with wells.
5. The effect on Wildlife and wildlife habitat
Wildlife habitat exists on the subject property. In a statement from the Montana Fish, Wildlife
and Parks (MFWP) states that wildlife conflicts have happened in the area with black bears,
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moose, and mountain lions. The MFWP gave recommendations to assist in mitigating the
conflicts during construction, landscaping, and post construction. They also stated that the
development alone is not likely to negatively impact big game at a population level as the area is
a small parcel and most will be preserved in open space.
The open space will contain a 7.15 acre wildlife refuge which is contiguous to the 47 acre Glen
Lake Rotary Park. This connection between the open spaces amplifies benefits to the wildlife in
the area. Protective covenants for the property place restrictions, limitations, and regulations on
all activities that may have any adverse effect on wildlife, native plants, and fisheries. The
critical areas will be preserved by avoidance and any areas disturbed during construction will be
reclaimed through plantings of diverse riparian vegetation.
6. The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact public health and safety. The intent of the regulations in Chapter 38 of
the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
subdivision has been reviewed by the DRC which has determined that it is in general compliance
with the title with conditions and code provisions. Any other conditions deemed necessary to
ensure compliance have been noted throughout this staff report. Condition of approval 1 requires
full compliance with all applicable code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann.
and as a result, the Department of Community Development has reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements. All infrastructure will meet City standards and the improvements to the
watercourses will not impact the current floodplains on the project site nor will they increase
flood risk on the property or surrounding properties.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on September 25, 2019.
The DRC found that more information was needed prior to the application going forward to
preliminary plat so revisions were submitted on February 5, 2020.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
1. 38.220.060.A.1 Surface Water
The property contains natural and artificial surface water systems as identified in the C-1 Site
Grading Plan and Drainage Plan. The East Gallatin River has a FEMA defined and regulated
100-year floodplain and floodway. Artificial surface waters on-site include an artificial lined
pond in the southwestern quadrant of the site, a detention pond north of the site, an on-site
detention pond in the southwest corner of the site, and an existing drainage ditch along Boylan
Road at the northeastern corner of the site. The drainage ditch runs continuously due to ground
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water discharge from a French drain groundwater collection system. The lined pond fills with
groundwater and overflows west to the East Gallatin River.
2. 38.220.060.A.2 Floodplains
The East Gallatin River floodplain is located within the project area. There is a 100-year
floodway that is unaffected by the project on the west side of the development. Any fill within
the floodplain fringe will require a floodplain permit from the City of Bozeman. A minor amount
of fill on the edge of the floodplain fringe and outside of the floodway is expected. None of this
fill will be placed until the CLOMR-F and City floodplain permit are approved.
3. 38.220.060.A.3 Groundwater
Data collected from monitoring wells registered a minimum depth to groundwater of 3.6 feet and
a maximum depth of 4.4 feet in 2015 and a minimum depth of 5.7 feet and a maximum depth of
7.1 feet in 2020. No special steps or procedures are needed to protect the groundwater from
degradation. Much of the development will require soil fill to bring finished grade to an elevation
suitable for cover soil above proposed gravity sewer mains. The additional fill material will
further protect the groundwater.
Condition of approval 7 restricts the use of basements and crawl spaces due to high groundwater.
The geotechnical report is included in the application materials.
4. 38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The sediment in the
area consists of various homogenous mixtures of boulders, cobbles, gravel, sand, clay and
volcanic ash. There are no geological hazards located on the property.
Two unusual or manmade features that exist onsite are the mitigated constructed pond and a
remnant Union Pacific railroad bed. Neither feature has any geological significant or presents
any geological hazard that would prevent development of the property.
The building sites’ parent soils provide suitable bearing support for foundations or concrete slab
construction. The top soil and subsurface soil are unsuitable for support of foundations.
5. 38.220.060.A.5 Vegetation
The main vegetative communities found on the property consists of Paulstrine shrub broadleaf
deciduous forest, wetlands, and a fallowed hay pasture grassland. The forested areas were
dominated by sandbar willow, red-osier dogwood, woods rose, quaking aspen and Bebb’s
willow, alder, and canary reed grass. Wetland areas of the subject site were characterized by
plant communities. A large percentage of vegetated wetlands and riparian areas onsite are
supported by saturated groundwater conditions rather than inundation of floodwaters.
Noxious weeds exist onsite. A weed management plan was provided and a final noxious weed
control is required with the final plat as outlined in code provision number 23. Best management
practices will be installed prior to project initiation to ensure that stormwater runoff from the
areas of ground disturbance will be contained and treated onsite during construction. Low impact
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development designs such as infiltration galleries and bioswales will be incorporated into the
project’s final landscape design. These design features will help with water conservation and
serve as a supplementary water source for newly planted and established vegetation.
6. 38.220.060.A.6 Wildlife
Wildlife habitat exists on the property. The applicant is proposing 7.15 acres of wetland refuge.
The development has been designed to limit pet and human activity within the wildlife refuge.
Protective covenants will place restrictions, limitation, and regulations on all activities that may
have any adverse effect on wildlife. See discussion above under primary review criteria.
7. 38.220.060.A.7 Historical Features
There are no known historical features located within the property. If any historic items are
discovered during construction, the State Historic Preservation Office will be contacted.
8. 38.220.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. See discussion above under primary
review criteria.
9. 38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. See discussion
above under primary review criteria.
10. 38.220.060.A.10 Water and Sewer
The subdivision will not significantly burden City water and sewer infrastructure with the
recommended conditions of approval and code provisions. The water system will be a new
looped connection from Boylan Road to the north through Shady Glen Lane and connect to the
existing water main in the Links Condominiums. See discussion above under primary review
criteria.
11. 38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. The stormwater systems
will be maintained by the Bridger Meadows POA. See discussion above under primary review
criteria.
12. 38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. As stated above
under primary review criteria, public access to the site will come from Birdie Drive through the
Links Condominium development and a secondary emergency access easement from the south
off Commercial Drive. A traffic impact study was not required by the City Engineering Division.
See primary review criteria above for further information.
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13. 38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. A standard ten foot front utility easement
will be provided across all lots. See discussion above under primary review criteria regarding
extension of water and sewer. All private utilities are available in the area.
14. 38.220.060.A.14 Educational Facilities
A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The
proposed development will be in the Hawthorne Elementary School, Chief Joseph Middle
School and Bozeman High School attendance areas. At this time, the schools can accommodate
the proposed development, however, the elementary schools are nearing capacity. The bus
systems can accommodate the estimated number of additional students.
15. 38.220.060.A.15 Land Use
There are 16 residential lots proposed on the subject property and 3 areas of open space totaling
7.68 acres.
16. 38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
17. 38.220.060.A.17 Neighborhood Center Plan
Glen Lake Rotary Park and Story Mill Community Park serve as the Bridger Meadows
neighborhood center as it is exempt from the requirement to create a new one since it is within
one-half mile of an existing neighborhood center. In addition, the Bridger Meadows site is
located 1.1 miles from the Rouse and Tamarack streamline bus route, within 100 yards of the
businesses located within Commercial Drive and Bridger Center Drive, and within one mile of
services located in the Cannery District.
18. 38.220.060.A.18 Lighting Plan
The project proposes residential night sky compliant lamp posts as part of each lot’s
development.
19. 38.220.060.A.19 Miscellaneous
Public Lands: The proposed development is directly adjacent to Glen Lake Rotary Park and is
approximately .16 miles from Story Mill Park, which also serves as the Bridger Meadows
Neighborhood Center. The project will create a 7.15 acre (60.2% of the total site area) wildlife
refuge.
Hazards: No known health or safety hazards are on or near the proposed subdivisions
Wildlands-Urban Interface: Not applicable
20. 38.220.060.A.20 Affordable Housing
The City’s Legal Division has advised that due to the state’s adoption of HB 259 related to
inclusionary zoning, the City will not enforce the requirements for affordable housing cash in
lieu as originally required during the preliminary plat and as reflected in the findings of fact. The
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affordable housing plan and plat notes related to affordable housing and cash in lieu have been
removed from this application or will be eliminated prior to final plat.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The intent of the R-1 residential low density district is to
provide for primarily single-household residential development and related uses within the city at
urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in
developed areas consistent with the established development patterns while providing greater
flexibility for clustering lots and housing types in newly developed areas. 2. Providing for such
community facilities and services as will serve the area's residents while respecting the
residential character and quality of the area.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Urban Neighborhood.”
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.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet on June 6, 2021. The site was posted with a notice on June 6, 2021 and a legal
advertisement was published in the Bozeman Daily Chronicle on June 6, June 20, and July 18,
2021. Content of the notice contained all elements required by Article 38.220., BMC.
Public comment has been received in opposition of the project and can be found at the following
link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMAN&cr
=1
APPENDIX C – PROJECT BACKGROUND
The subject property was annexed into the city in May 2018 with R-1 zoning.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant/Representative: Bridger Center LLC, 3701 Tracker Trail, Suite 1B #20,
Bozeman, MT, 59718
Report By: Sarah Rosenberg, AICP, Associate Planner
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #20351, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=228055&cr=1
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-351
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Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Associate Planner
Brian Krueger, Development Review Manager
Martin Matsen, Director of Community Development
SUBJECT:Bozeman Gateway Phase 4 Major Subdivision, Application 19436 (Quasi-
judicial)
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 19436 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions.
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:Bozeman Gateway Phase 4 major subdivision proposes to create a 10 lot
major subdivision that includes 6 developable lots, 1 common area, and 3
open space lots on 15.8 acres within the Bozeman Gateway Planned Unit
Development. The property is zoned B-2.
For full background information, see attached staff report.
UNRESOLVED ISSUES:None
ALTERNATIVES:NA
FISCAL EFFECTS:NA
Attachments:
19436 CC Staff Report.pdf
Report compiled on: July 8, 2021
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19436, Staff Report for the Bozeman Gateway Phase 4 Major Subdivision
Public Hearing Date: Planning Board June 21, 2021 at 6:00 via WebEx. A WebEx link will be
provided with the Planning Board agenda.
City Commission, July 20, 2021 at 6:00 pm via WebEx. A WebEx link will be provided
with the City Commission agenda.
Project Description: Preliminary plat to create a 10 lot major subdivision that includes 6
developable lots, 1 common area, and 3 open space lots on 15.8 acres within the
Bozeman Gateway PUD. The property is zoned B-2.
Project Location: Remainder tracts of Tract 2A of the Amended Plat of West College, Minor
Subdivision Number 195.A, Bozeman, Gallatin County, Montana
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 19436 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions.
Commission Recommend Motion: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings presented
in the staff report for application 19436 and move to approve the subdivision with
conditions and subject to all applicable code provisions.
Report Date: July 8, 2021
Staff Contact: Sarah Rosenberg, Associate Planner
Karl Johnson, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
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The property owner and applicant submitted a preliminary plat application to create 6 lots, 1
common area, and 3 open space lots on 15.8 acres. Phase 4 is part of the Bozeman Gateway
Planned Unit Development (PUD) Subdivision which consists of a 72-acre mixed use
development. It is located directly south and west of the Huffine Lane/West College Street
intersection, west of Fowler Avenue and north of West Garfield Street. Phase 1, 2, and 3 are
currently being development in accordance with the PUD. Phase 4 is unplatted and currently sits
vacant.
Phase 4 is considered the Town Center of the Bozeman Gateway PUD with a “main street” that
runs east-west through the middle of the development. It will continue the concept of open space
corridors that was approved with the PUD and previous phases. A north-south open space
corridor is located on the east side of development and totals 1.72 acres. Phase 4 will include a
combination of residential and commercial. With the adoption of the PUD back in 2006, a
stipulation was placed on the development that it had to contain a residential component within
Phase 4. Phase 4 will include this residential component along with commercial uses.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. The Development Review
Committee (DRC) deemed the application adequate for continued review on May 11, 2021.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by August 5, 2021, unless there is a written extension from the
developer, not to exceed one year.
The Planning Board reviewed this application on Monday, June 21. No public comment was
received during the meeting. The Planning Board recommended approval 6-0. The link to the
video can be found here:
https://bozeman.granicus.com/player/clip/104?view_id=1&redirect=true
No written public comment has been received.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. 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. This
alternative is requested if the Commission wishes to amend or add conditions of
approval.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 10
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 14
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 14
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 14
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 16
Preliminary Plat Supplements ........................................................................................... 18
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 20
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 21
APPENDIX C – PROJECT BACKGROUND ............................................................................. 21
APPENDIX D - OWNER INFORMATION & REVIEWING STAFF ....................................... 21
ATTACHMENTS ......................................................................................................................... 21
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SECTION 1 - MAP SERIES
Figure 1. Zoning classification
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Figure 2. Preliminary Plat
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Figure 3. Master Site Plan
Phase 4
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SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application. Staff has considered the
impacts as identified in the staff analysis and application materials and these conditions of
approval are reasonably related and roughly proportionate to the development.
1. BMC 38.220.070. The applicant shall submit with the application for final plat review and
approval, a written narrative stating how each of the conditions of preliminary plat approval
and noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc.
in the submittal.
2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with
required or offered dedications, the subdivider (or owner of the property being subdivided if
the owner is not the subdivider) shall transfer ownership to the property owners’ association
(POA) of any open space proposed to be conveyed to the POA and all its right, title, and
interest in any improvements made to such parkland or open space. For the transfer of real
property, the subdivider or owner of the property shall submit with the application for final
plat a warranty deed or other instrument acceptable to the City Attorney transferring fee
simple ownership to the POA and associated realty transfer certificate. The subdivider or
owner of the property must record the deed or instrument at the time of recording of the final
plat. For personal property installed upon open space owned by the property owners
association, the subdivider shall provide an instrument acceptable to the City Attorney
transferring all its rights, title and interest in such improvements including all applicable
warranties to such improvements.
3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of
any platted tract to the City or other entity in association with filing of the final plat.
4. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they
must be described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
5. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding
open space established in the municipal code the following language shall be included
on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A,
38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all
common open space areas and trails, and responsibility of maintenance thereof and for
city assessments levied on the common open space lands shall be that of the property
owners’ association. Maintenance responsibility shall include, in addition to the common
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open space and trails, all vegetative ground cover, and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets and as
adjacent to public parks or other common open space areas. All areas within the
subdivision that are designated herein as common open space including trails are for the
use and enjoyment by residents of the development and the general public. The property
owners’ association shall be responsible for levying annual assessments to provide for
the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat of the subdivision the subdivider shall transfer
ownership of all common open space areas within each phase to the property owners’
association created by the subdivider to maintain all common open space areas within
Bozeman Gateway subdivision. The City may release the Bozeman Gateway Property
Owners’ Association from the obligation to maintain parks dedicated to the City at the
City’s discretion.”
6. Codes, Covenants & Restrictions must be updated and submitted with initial final plat to
be recorded after approval.
7. The final plat must contain the following notation on the conditions of approval sheet of the
final plat: “The responsibility for the maintenance of the stormwater facilities and associated
landscaping in the open space lots and street frontage landscaping for the perimeter streets
must be that of the property owners’ association. Maintenance responsibility must include the
functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and any vegetative ground cover and landscaping on the open space lots.
The property owners’ association must be responsible for levying annual assessments to
provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping
and open space lots and stormwater facilities. The perimeter streets of this subdivision
include Garfield Street, Harmon Stream Boulevard, and Technology Boulevard.
8. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not the
subdivider) shall transfer ownership to the property owner’s association of all any open space
proposed to be conveyed to the property owner’s association and all its right, title, and
interest in any improvements made to such parkland or open space. For the transfer of real
property, the subdivider or owner of the property shall submit with the application for final
plat a warranty deed or other instrument acceptable to the City Attorney transferring fee
simple ownership to the property owner’s association and associated realty transfer
certificate. The subdivider or owner of the property must record the deed or instrument at the
time of recording of the final plat. For personal property installed upon open space owned by
the property owner’s association, the subdivider shall provide an instrument acceptable to the
City Attorney transferring all its rights, title and interest in such improvements including all
applicable warranties to such improvements.
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9. A notice prepared by the City shall be filed concurrently with the final plat so that it will
appear on title reports. It shall read substantially as follows: Lots within the Bozeman
Gateway Subdivision Phase 4 are subject to specific design standards and unique building
setbacks from property lines. These standards may be found in Bozeman Gateway
Development Manual. Lot owners are advised that these are specific to the Bozeman
Gateway Subdivision and are in place of the general development standards of the City of
Bozeman Zoning. If a development standard is not specifically established in the Bozeman
Gateway Subdivision approval documents the general standards of the City apply.
Modification of the special standards would require an amendment to the Bozeman Gateway
Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the
lot owner to be fully informed as to these standards before beginning any home or site design
process. Approval by the design review entity established in the covenants of the
development does not bind the City of Bozeman to approve a construction plan.
10. BMC 38.570.030. A Special Improvement Lighting District (SILD) must be created prior to
Final Plat Approval. Note that Bozeman Gateway Site Z project will likely be creating a
SILD, so adding these lights to that SILD will be acceptable.
11. BMC 38.400.080. Sidewalks must be installed or financially guaranteed along the north
side of Garfield from the intersection of Harmon Stream Boulevard to the eastern
boundary of this Phase prior to Final Plat approval.
12. BMC 38.410.130. Compliance with BMC 38.410.130 shall be met prior to Final Plat
approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering
Department for any cash in lieu of water rights determination.
13. BMC 38.240.410. Technology Blvd West is a privately maintained street located within
public ROW as referenced in the provided approved PUD documentation. Prior to Final Plat
Approval, the certificate of dedication shall reflect private maintenance.
14. BMC 38.220.040. As presented, forty-five (45) feet of West Garfield Street ROW is to be
dedicated along the southern frontage of the proposed subdivision (intersection of Fowler and
West Garfield). The applicant must dedicate the West Garfield Street ROW in the Certificate
of Dedication of prior to Final Plat Approval. The applicant is advised that the City of
Bozeman will accept responsibility for the maintenance of West Garfield Street.
15. BMC 38.240.510. The applicant must add the required text as stated in BMC Section
38.240.510 to the Conditions of Approval Sheet 3 prior to final plat approval.
16. BMC 38.220.070. The final plat must contain the following notation on the Conditions of
Approval sheet:
a. The responsibility of maintenance for the stormwater facilities, stormwater open
space lots, pedestrian open space lots and street frontage landscaping for the
perimeter streets must be that of the property owners’ association. Maintenance
responsibility must include, all vegetative ground cover, boulevard trees and
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irrigation systems in the public right-of-way boulevard strips along all external
perimeter development streets. The property owners’ association must be responsible
for levying annual assessments to provide for the maintenance, repair, and upkeep of
all perimeter street frontage landscaping and stormwater facilities and all open space
landscaping.
b. All public stormwater facilities not on property dedicated to the City of Bozeman
shall be located within public drainage easements that provide for storm water facility
maintenance responsibility by the property owners association.
c. Due to the known high groundwater conditions in the area no basements will be
permitted with future development of the site. No crawl spaces will be permitted
with future development of the site, unless a professional engineer registered in the
State of Montana certifies that the lowest point of any proposed structure is located
above the seasonal high groundwater level and provide supporting groundwater data
prior to the release of building permit. In addition, sump pumps are not allowed to be
connected to the sanitary sewer system. Sump pumps are also not allowed to be
connected to the drainage system unless capacity is designed into the drainage system
to accept the pumped water. Water from sump pumps may not be discharged onto
streets, such as into the curb and gutters where they may create a safety hazard for
pedestrians and vehicles.
d. All downstream water user facilities will not be impacted by this Subdivision.
e. All lots are subject to a 10-foot wide front yard utility easement.
f. All Open Space and Public Access areas to be owned and maintained by the property
owners association.
g. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat,
then water rights or cash-in-lieu must be provided with any future site plan
development or applicable development application.
17. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and paid
at the time of final plat. A parkland table and CIL amount must be printed on the final
plat. If final plat precedes site plan approval, CIL up to 8 du/ac is required prior to Final Plat
at appraisal value at time of final plat. Balance of additional 4 du/ac due at subsequent site
plan approval.
18. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and
approved by the City of Bozeman before the approval of the final plat.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat.
1. The final plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements
were received, a platting certificate, and all required and corrected certificates. The Final
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Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable
base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin
on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions
of Approval sheet as the last same sized mylar sheet in the plat set.
2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. BMC 38.220.300 & 310. The Property Owners’ Association (POA) documents must be
finalized and recorded with the final plat. The POA documents must include the requirements
of Section 38.220.300 and 320.
4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer
main extensions, streets, and storm water improvements, prepared and signed by a
professional engineer (PE) registered in the State of Montana, which must be provided to and
approved by the City Engineer. Water and sewer plans must also be approved by the
Montana Department of Environmental Quality. The applicant must also provide
professional engineering services for construction inspection, post-construction certification,
and preparation of mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been approved and a
preconstruction conference has been conducted. Building permits will not be issued prior to
City acceptance of the site infrastructure improvements unless all provisions set forth in
Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent
construction.
5. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they
must be described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location. The recorded easement number must be documented on the
final plat.
a. The applicant is advised that all dedicated public easements must be recorded the
City’s standard template easement documents separate from the plat and the recorded
document number must be listed on the final plat. Easements will be deemed
inadequate if they are not in a final draft format (signatures are not required for the
draft review). Easements must be stamped by a licensed professional surveyor. In
preparing signature blocks on any upcoming documents, please make the following
changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk. If a new member is
established, the easement documents must be updated.
6. BMC 38.410.060. The applicant must provide a ten foot private utility easement (power, gas,
communication, etc.) along the developments property frontage. The applicant may contact
the Engineering Department to receive a copy of a utility easement template. The easement
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must be recorded and provided to engineering prior to final plat approval. The recorded
easement number must be written in on the final plat.
7. BMC 38.410.060. The applicant must provide public access easement for the proposed
sidewalk system will reside along Tech Blvd West. The easement must be recorded and
provided to engineering prior to Final Plat Approval. The recorded easement number must be
written in on the final plat.
a. As presented in easement note #7, the note reads as if the open space and sidewalks
are for only those in the subdivision and not the general public. The applicant must
either modify comment #7 or provide a public access easement for the sidewalk
system.
8. BMC 38.410.060.C A public drainage easement shall be provided for all stormwater
facilities conveying runoff from dedicated public ROW. The applicant may contact the
Engineering Department to receive a copy of the drainage easement template. The easement
must be recorded and provided to engineering prior to Final Plat Approval. The recorded
easement number must be written in on the final plat
9. BMC 38.410.060.C. The applicant must provide a city standard thirty (30) foot wide Sewer
and Water Pipeline and Access Easement and Agreement for public water and sewer utilities
located outside of dedicated public right of way. The applicant may contact the Engineering
Department to receive a copy of the easement template. The easement must be recorded and
provided to engineering prior to Final Plat Approval. The recorded easement number must be
written in on the final plat.
10. BMC 38.240.410.Technology Blvd West is a privately maintained street located within
public ROW as referenced in the provided approved PUD documentation. Prior to Final Plat
Approval, the certificate of dedication shall reflect private maintenance.
11. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat
prior to the completion of all required improvements, an Improvements Agreement shall be
entered into with the City of Bozeman guaranteeing the completion of all improvements in
accordance with the preliminary plat submittal information and conditions of approval. If the
final plat is filed prior to the installation of all improvements, the developer shall supply the
City of Bozeman with an acceptable method of security equal to 150 percent of the cost of
the remaining improvements.
12. BMC 38.240.450. The applicant is advised where public improvements are to be installed
prior to Final Plat Approval, the final plat of subdivision must contain a certificate of
completion of public improvements. Prior to Final Plat Approval, Sheet 1 certificates must
list all completed and accepted improvements, if applicable.
13. BMC 38.240.530. The Certificate of Completion of water-related improvements is not
shown on sheet 1 of the plat and must be shown, if applicable prior to Final Plat Approval.
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14. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of water-
related improvements. The certificate must list all completed and accepted improvements,
including but not limited to all irrigation system record drawings. The subdivision proposes
irrigation of public street frontage. This certificate must be provided on the final plat.
15. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate
Mortgagee certificate must be included.
16. BMC 38.240. The surveyor needs to provide their professional seal of surveyor prior to final
plat approval.
17. BMC 38.410.120. If mail delivery will not be to each individual lot within the development,
the developer shall provide an off-street area for mail delivery within the development in
cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow
any mail delivery area constructed within a City right-of-way. If cluster boxes are use a
dedicated area to pull up and access the boxes must be provided.
18. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of
land dedication, the amount must be stated on the final plat.
19. BMC 38.410.060. Utility easements shall be provided in accordance with the UDC. The
required 10-foot front yard easement is required for all lots unless written confirmation is
submitted with the preliminary plat from all utility companies providing service indicating
that front yard easements are not needed.
20. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain,
but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all
additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of
the subdivision, including placement of boulevard trees at a regular spacing for each
residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9)
noxious weed control, and 10) assessment of existing and future Special Improvement
Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed
and submitted with the initial final plat to be filed with the Gallatin County Clerk and
Recorder at the time of final plat recordation.
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SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on May 11, 2021.
Public hearing date for the Planning Board was on June 21, 2021. The hearing was held via
WebEx. The Planning Board recommended approval 6-0 of the subdivision.
Public hearing date for the City Commission is July 20, 2021 at 6:00 PM. The hearing will be
held via WebEx with a WebEx link provided with the City Commission Agenda.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
outlined in code provision number 1, the final plat must comply with State statute, Administrative
Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be
included and updated with the required notations can be added as required by conditions or code.
2. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. The applicant
is advised that unmet code provisions, or code provisions that are not specifically listed as a
condition of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify
conditions and code corrections necessary to meet all regulatory standards. Therefore, upon
satisfaction of all conditions and code corrections the subdivision will comply with the local
subdivision regulations.
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3. Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The application was received on October 3, 2019 and was deemed inadequate for further review.
Revised application materials were received on January 1, 2020, March 11, 2020, and April 7,
2021. The City deemed the application adequate for review on May 11, 2021. Public hearings are
scheduled for June 21 and July 20, 2021.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board must
forward a recommendation in a report to the City Commission who will make the final decision
on the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city
commission shall approve, conditionally approve or deny the subdivision application by August
5, 2021, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was given as described in Appendix C. No public comment has
been received.
On June 16, 2021 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board. On July 8, 2021,
the staff report was completed and forwarded with a recommendation of conditional approval for
consideration to the City Commission.
4. Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for City Commission
consideration in Sections 3 and 4.
5. The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 4 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways. Code provision 5, 6, and 7 state that utility easements
need to be provided and granted with the final plat in accordance with standards.
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6. 6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
Access to the property is from West Garfield Street to the south which is a City maintained road
and Harmon Stream Boulevard to the west which is a privately maintained road. Technology
Boulevard West is being extended from the east and required to be privately maintained per
condition of approval number 13 and code provision number 10.
Primary Subdivision Review Criteria, Section 76-3-608
1. The effect on agriculture
This item was waived by the DRC with the pre-application.
2. The effect on Agricultural water user facilities
Agricultural water user facilities on site include canals, irrigation ditches, and streams that
provide irrigation water to downstream users. The Farmer’s Canal, tributary to the Baxter Border
stream, Section Line Ditch, and Upper Cattail Creek (Harmon Stream) all transport irrigation
water through the property. No modifications to the existing agricultural water user facilities will
be done with this phase and the ability of the facilities to deliver water to downstream users will
be protected.
3. The effect on Local services
Water/Sewer – Water and sewer systems exist to serve the subdivision. The subdivider proposes
to extend water and sewer mains to the subdivision. Code provision 4 requires the applicant to
submit plans for water and sewer main extensions, approved by the Montana Department of
Environmental Quality, to be reviewed by the City. Code provision 9 requires a city standard
sewer easement where the sewer system is located. Building permits will not be issued prior to
city acceptance of site infrastructure improvements, unless concurrent construction is requested
and conditions allow. Water rights exist for the subject property, the applicant proposes to
transfer to City ownership existing water rights as outlined in condition number 12.
Streets – The Growth Policy and subdivision standards require adequate connectivity of a
development to the street grid. Access is taken from West Garfield to the south, Harmon Stream
Boulevard to the west, and Technology Boulevard to the east. Diagonal parking is provided
along Technology Boulevard. All internal streets will be privately maintained as outlined in
condition of approval number 3 and code provision number 10.
A traffic impact study was provided with the application and found that the infrastructure that
exists and is proposed for the project will service the development.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified.
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19436 Staff Report for Bozeman Gateway Phase 4 Major Subdivision Page 17 of 22
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Phase 4 lies within the scope of the previously approved drainage plan and will
incorporate minor basins and low impact development for runoff. The responsibility of the
stormwater facilities is the responsibility of the Property Owners Association (POA) as outlined
in condition of approval 16. Inspection of installed facilities prior to final plat will verify that
standards have been met.
Parklands – Since phase 4 contains the residential component, parkland is required. Parkland
will be provided through cash-in-lieu of a land dedication equating to 2.15 acres. Cash-in-lieu of
parkland is required with the final plat as outlined in condition 17.
4. The effect on the Natural environment
No significant negative impacts to the natural environment have been identified. There are no
floodplains located within the subject property. A wetland delineation report was completed and
determined that no waters are located within the project area.
The site is in an area of high groundwater which may negatively impact future structures or
cause illicit discharges into the sanitary sewer and over burden the surface drainage system.
Condition 16d prohibits use of basements or crawl spaces unless a professional engineer certifies
that the structure has been designed in such a way to accommodate seasonal high groundwater
and requires addition of a notation of this restriction on the conditions of approval sheet. This
requirement will protect both future structure owners from future hazards of flooding and lessen
burden on the public from illicit discharges.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application will irrigate open space and boulevard strips
landscaping with wells.
5. The effect on Wildlife and wildlife habitat
No significant negative impacts to the wildlife and wildlife habitat have been identified. There
are no known populations of large mammals or endangered species that occupy the site.
6. The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact public health and safety. The intent of the regulations in Chapter 38 of
the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
subdivision has been reviewed by the DRC which has determined that it is in general compliance
with the title with conditions and code provisions. Any other conditions deemed necessary to
ensure compliance have been noted throughout this staff report. Condition of approval 1 requires
full compliance with all applicable code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann.
and as a result, the Department of Community Development has reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
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19436 Staff Report for Bozeman Gateway Phase 4 Major Subdivision Page 18 of 22
requirements. All infrastructure will meet City standards and the improvements to the
watercourses will not impact the current floodplains on the project site nor will they increase
flood risk on the property or surrounding properties.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on February 21, 2019. The
DRC found that more information was needed prior to the application going forward to
preliminary plat so revisions were submitted on April 22, 2019.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
1. 38.220.060.A.1 Surface Water
Phase 4 has been significantly disturbed due to surrounding commercial development. An
unnamed drainage along the eastern side of the property once drained into the Farmer’s Canal
which has since been rerouted and piped underground along the south boundary of the project.
With the rerouting of the Farmer’s Canal, a steady source of water was no longer provided to the
unnamed drainage and wetland feature. Therefore, the unnamed drainage has become a drainage
swale which now only receives occasional stormwater runoff from surrounding parking areas
and streets.
Two culvert/bridge crossings will be installed with the project providing access across the
unnamed drainage to parking facilities. The Drainage Plan calls for 30” concrete culverts or an
equivalent capacity bride span to be installed at the crossings.
2. 38.220.060.A.2 Floodplains
There are no floodplains on the subject property.
3. 38.220.060.A.3 Groundwater
Groundwater depth was monitored and had depths that vary from 7-11’ below the ground
surface. As a supplement to the original water table, a hydrograph from a nearby well has been
submitted with the application. Elevating the roads slightly above the existing ground assist in
providing separation to the groundwater. Condition of approval 16 restricts the use of basements
and crawl spaces due to high groundwater.
4. 38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. Alluvial deposits
derived from the mountains south of Bozeman underlie the subdivision. There are no geological
hazards or unusual features that limit the suitability of the land for the proposed uses.
Two soil types exist on the site that are similar to those found throughout Bozeman. Limitations
to development are primarily depth to groundwater, bearing capacity, frost heave potential,
shrink-swell potential and flooding.
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19436 Staff Report for Bozeman Gateway Phase 4 Major Subdivision Page 19 of 22
To minimize erosion, the construction contract shall provide for seeing of slopes in cut and fill
areas. Methods of erosion control and revegetation shall be in conformance to the Montana
Department of Environmental Quality Montana Sediment and Erosion Control Manual.
5. 38.220.060.A.5 Vegetation
On site vegetation is limited to grasses, forbs and a few locations with low growing shrubs, such
as wild roses, found along fence lines and near drainage courses. There are no critical plant
communities on site. A weed management plan is included in the application.
6. 38.220.060.A.6 Wildlife
See discussion above under primary review criteria.
7. 38.220.060.A.7 Historical Features
There are no known historical features located within the property. A Cultural Evaluation was
conducted in 2004 that stated that the Farmer’s Canal may be significant in terms of National
Register criteria but the integrity of the entire canal system has been compromised over time. If
any historic items are discovered during construction, the State Historic Preservation Office will
be contacted.
8. 38.220.060.A.8 Agriculture
Materials waived.
9. 38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. See discussion
above under primary review criteria.
10. 38.220.060.A.10 Water and Sewer
The subdivision will not significantly burden city water and sewer infrastructure with the
recommended conditions of approval and code provisions. See discussion above under primary
review criteria.
11. 38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. The stormwater systems
will be maintained by the Bozeman Gateway POA. See discussion above under primary review
criteria.
12. 38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. See primary review
criteria above for further information.
13. 38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. Standard 10-ft utility easements will be
provided across all lots. See discussion above under primary review criteria regarding extension
of water and sewer. All private utilities are available in the area.
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19436 Staff Report for Bozeman Gateway Phase 4 Major Subdivision Page 20 of 22
14. 38.220.060.A.14 Educational Facilities
A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The
assumption was made that the existing zoning designation and mixed-use development will not
generate many students within the development.
15. 38.220.060.A.15 Land Use
Phase 4 is consistent with those allowed by B-2 zoning. Existing land uses bordering the east and
north sides of the Bozeman Gateway property are commercial businesses. The properties
bordering the south are public lands owned by Montana State University and is agricultural use.
The proposed uses will not adversely affect adjacent land uses in the area.
Access to the existing public lands will not be affected by the development. All open space
within the planned area will be open to the public and easily accessible. No hazards or nuisances
will be created by the development. Safety issues related to construction activity will be
effectively controlled by standards construction management practices.
16. 38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
17. 38.220.060.A.17 Neighborhood Center Plan
The open space lots along the eastern perimeter of Phase 4 connect to the existing trail and open
space network to the north. This shared community space and trail system encourages gathering,
relaxing and recreating. A bike/pedestrian trail and sidewalk connects to the properties on the
north which then connect to the overall trail network of the development that continues eastward
to MSU.
18. 38.220.060.A.18 Lighting Plan
The preliminary lighting plan is in accordance with the requirements of the UDC and Bozeman
Gateway Development Manual. Light spacing on streets meets the requirements of the City of
Bozeman Design Standards and Specifications Policy.
19. 38.220.060.A.19 Miscellaneous
Materials waived.
20. 38.220.060.A.20 Affordable Housing
Materials waived.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The intent of the B-2 community business district is to
provide for a broad range of mutually supportive retail and service functions located in clustered
areas bordered on one or more sides by limited access arterial streets. Multi-household
dwellings, townhouses, and apartments are allowed as a secondary use due to their
complementary nature and ability to enhance the walkability of these districts. Design standards
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19436 Staff Report for Bozeman Gateway Phase 4 Major Subdivision Page 21 of 22
emphasizing pedestrian oriented design are important elements of this district. Use of this zone is
appropriate for arterial corridors, commercial nodes, and/or areas served by transit.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Regional Commercial and Services.”
Regionally significant developments in this land use category may be developed with physically
large and economically prominent facilities requiring substantial infrastructure and location near
significant transportation facilities. Due to the scale of these developments, location, and
transition between lower density uses is important. Residential space should be located above the
first floor to maintain land availability for necessary services. Development within this category
needs well-integrated utilities, transportation, and open space networks that encourage pedestrian
activity and provide ready-access within and adjacent to development. Large community scale
areas in this land use category are generally 75 acres or larger and are activity centers for several
surrounding square miles. These are intended to service the overall community as well as
adjacent neighborhoods and are typically distributed by a one-to two-mile separation.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet on June 6, 2021. The site was posted with a notice on June 6, 2021 and a legal
advertisement was published in the Bozeman Daily Chronicle on June 20 and July 18, 2021.
Content of the notice contained all elements required by Article 38.220., BMC.
No public comment has been received at the time of the writing of this staff report.
APPENDIX C – PROJECT BACKGROUND
Bozeman Gateway was created as a Planned Unit Development in 2006. There are five phases in
total. Phases 1-3 have been subdivided and currently under development.
APPENDIX D - OWNER INFORMATION & REVIEWING STAFF
Owner/Applicant: Mitchell Development & Investments, LLC, PO Box 738, Great Falls, MT
59403
Representative: Morrison-Maierle, Inc., PO Box 1113, Bozeman, MT 59718
Report By: Sarah Rosenberg, AICP, Associate Planner
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #19436, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
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19436 Staff Report for Bozeman Gateway Phase 4 Major Subdivision Page 22 of 22
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=210885&cr=1
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=19-436
197
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:1919 Bridger Drive Annexation and Zone Map Amendment for the
Establishment of a Zoning Designation of R-2 for a property Addressed at
1919 Bridger Drive, Application 21123
MEETING DATE:July 20, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Annexation Motion
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21123 and move to approve the
1919 Bridger Drive Annexation with recommended terms of annexation, and
direct staff to prepare an annexation agreement for signature by the parties.
Zoning Motion
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21123 and move to approve the
1919 Bridger Drive Zone Map Amendment, with contingencies required to
complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant, Matt & Morgan Hausauer, seeks to annex three parcels
totaling roughly 0.5557 acres into the City limits and establish initial zoning
of R-2, Residential Moderate Density. The property is currently zoned
“Residential Suburban” within the county. Nearby municipal zoning includes
Residential Single-Household Low Density (R-1) to the north and Residential
Suburban (R-S) to the south. Land to the east and west is unincorporated
and zoned “Residential Suburban” within the county. The future land use
map in the Bozeman Community Plan designates the property as “Urban
Residential” which the R-2 district serves to implement. The adjacent road
rights-of-way was annexed with previous annexations. There is an existing
home on the parcel.
198
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended
contingencies;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
A1_DevelopmentReviewApplication_03-10-2021.pdf
21123 1919 Bridger Drive Annex ZMA CC SR.docx
Annexation Map_03-10-2021.pdf
ZMA Map_04-22-2021.pdf
RC Narrative_04-22-2021.pdf
N1_Adjoiners List_03-10-21.pdf
06-28-21 Public Comment - R. Watson - 1919 Bridger Drive
Annexation.pdf
Report compiled on: July 8, 2021
199
PROJECT INFORMATION
Project Name:
Project Type(s):
Street Address:
Legal Description:
Description of Project:
Current Zoning:
Gross Lot Area:
Block Frontage(s):
Number of Buildings:
Type and Number of Dwellings:
Building Size(s):
Building Height(s):
Number of Parking Spaces:
Affordable Housing (Y/N):
Cash-in-lieu Parkland (Y/N):
Departure/Deviation Request (Y/N):
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
Community Development
Development Review Application Page 1 of 3 Revision Date: June 2020
SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban Renewal District: Downtown North 7th Avenue Northeast North Park None
VICINITY MAP
200
DEVELOPMENT REVIEW APPLICATION
REPRESENTATIVE
Name:
Full Address:
Email:
Phone:
APPLICANT
Name:
Full Address:
Email:
Phone:
PROPERTY OWNER
Name:
Full Address:
Email:
Phone:
CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be
assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site
during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the above information is true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the
approved final plan may result in delays of occupancy or costs to correct noncompliance.
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Representative Signature:
Printed Name:
Development Review Application Page 2 of 3 Revision Date: June 2020 201
APPLICATION FEE
Varies by project type
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Development Review Application Page 3 of 3 Revision Date: June 2020
REQUIRED FORMS
Varies by project type
DEVELOPMENT REVIEW APPLICATION
Check all that apply FORM
1. Administrative Interpretation Appeal AIA
2. Administrative Project Decision Appeal APA
3. Annexation and Initial Zoning ANNX
4. Commercial/Nonresidential COA CCOA
5. Comprehensive Sign Plan CSP
6. Condominium Review CR
7. Conditional Use Permit CUP
8. Extension to Approved Plan EXT
9. Growth Policy Amendment GPA
10. Informal Review INF
11. Master Site Plan MSP
12. Modification/Plan Amendment MOD
13. Neighborhood/Residential COA NCOA
14. Pre-application Consultation None
15. PUD Concept Plan PUDC
FORM
16. PUD Preliminary Plan PUDP
17. PUD Final Plan PUDFP
18. Reasonable Accommodation RA
19. Site Plan SP
20. Special Use Permit SUP
21. Special Temporary Use Permit STUP
22. Subdivision Exemption SE
23. Subdivision Pre-Application PA
24. Subdivision Preliminary Plan PP
25. Subdivision Final Plat FP
26. Wetland Review WR
27. Zone Map Amendment ZMA
28. Zone Text Amendment ZTA
29. Zoning/Subdivision Variance Z/SVAR
30. Zoning Deviation/Departure None
31. Other:
APPLICATION TYPE
202
CVA
Page 1 of 2 4-8-20
Development Review Application COVID-19 Acknowledgment of Application Processing Delays On March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On March 12, 2020, the Governor of the State of Montana issued Executive Order No. 2-2020 Declaring a State of Emergency to Exist Within the State of Montana Related to the Communicable Disease COVID-19. The City of Bozeman issued a COVID-19 emergency declaration on March 16, 2020. The City subsequently issued Order ED-05 setting forth public meeting protocols on March 31, 2020 and Order ED-06 closing City facilities to public entry, including the Stiff Professional Building, on March 23, 2020. Order ED-05 states in relevant parts, “In accordance with the Emergency Declaration, public meeting agendas will be limited to only essential matters. . . .” It describes notice requirements, the use of videoconferencing or telephonic technology to hold remote hearings, and providing the public an opportunity to participate remotely. A copy of Order ED-05 is attached to this form. On March 27, 2020 the Attorney General of the State of Montana issued a letter of guidance to local governments recommending public meetings be held only for essential business, and those public meetings be held remotely. Provisions in the emergency declarations and City of Bozeman Orders may restrict or delay the ability of the City to complete the review and finally approve certain development review applications.
Acknowledgment and signatures
This acknowledgement must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted and processed.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code the City’s COVID-19 Emergency Declaration and subsequent Orders issued by the City Manager. I acknowledge that the City may be delayed in the processing of my application and may not be able to complete the application review within standard time limits due to the constraints present under the emergency orders. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Certification of Acknowledgment – I understand that there may be delays in the processing of my application and that it may reach a point in processing where it may not proceed to final approval and that I will not hold the City responsible for any delays presented under the emergency order.
Applicant Signature:
Printed Name:
Owner Signature:
203
Page 2 of 2 4-8-20
Printed Name:
Owner Signature
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures.
204
Page 1 of 34
21123 Staff Report for the 1919 Bridger Drive Annexation & ZMA
Public Hearings: Zoning Commission (map amendment only) June 28, 2021
City Commission (Annexation and map amendment) July 20, 2021
Project Description: Annexation of 0.5557 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of R-2.
Project Location:1919 Bridger Drive and more accurately described as Lots 34, 35, and 36,
Ed Vogel Subdivision No. 1, Located in the Southeast One-Quarter (SE ¼) of Section
32, Township One South (T1S), Range Six East (R6E), P.M.M., Gallatin County, MT.
The annexation and zone map amendment would also apply to the streets adjacent to
the property.
Recommendation: Meets standards for approval with contingencies.
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 21123 and move to approve
the 1919 Bridger Drive Annexation with recommended terms of annexation, and direct
staff to prepare an annexation agreement for signature by the parties.
Recommended Zoning Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21123 and move to approve the 1919
Bridger Drive Zone Map Amendment, with contingencies required to complete the
application processing.
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 21123 and move to recommend approval
of the 1919 Bridger Drive Zone Map Amendment, with contingencies required to
complete the application processing.
Report:July 8, 2021
Staff Contact:Tom Rogers, Senior Planner
Lance Lehigh, Engineer III
Agenda Item Type:Action –Legislative
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Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 2 of 34
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There are no identified conflicts between the City and Applicant regarding the zoning at this
time.
Project Summary
The applicant, Matt & Morgan Hausauer, seeks to annex three parcels totaling roughly 0.5557
acres into the City limits and establish initial zoning of R-2, Residential Moderate Density.
The property is currently zoned “Residential Suburban” within the county. Nearby municipal
zoning includes Residential Single-Household Low Density (R-1) to the north and Residential
Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned
“Residential Suburban” within the county. The future land use map in the Bozeman
Community Plan designates the property as “Urban Residential” which the R-2 district serves
to implement. The adjacent road rights-of-way was annexed with previous annexations. There
is an existing home on the parcel.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Gallatin County growth policy
Gallatin County/Bozeman Area Plan – County neighborhood plan
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
The Zoning Commission held a public hearing on June 28, 2021. After consideration of the
application materials, Staff report, and public comment the motion to recommend approval of
the ZMA on a vote of 4:0.
The video recording of the public hearing is available at
https://bozeman.granicus.com/player/clip/109?view_id=1&redirect=true
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Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 3 of 34
Discussion of this item begins at 0:15:35 in the recording. Written public comments are
available at the link below.
Staff Presentation begins at 0:20:35
Applicant presentation 0:42:45
Public comment 0:50:40
Board discussion 1:04:25
Zoning Commission Summary
The Commission discussed a variety of issues related to the application including why the
requested R-2 zoning designation is support by staff while the previous application in the area
was zoned R-1. The Commission determined the revised and adopted Bozeman Community
Plan 2020 generally evolved the perception of the future land use category that applies to this
area and the reclassification from Residential to Urban Neighborhood.
Secondly, the Commission discussed the half street/alley bounding these properties with the
Legends Subdivision to the north. Needed ROW is secured through the annexation process. In
this case an additional 30’ feet is required. The City generally takes a long term approach to
continue providing for needed infrastructure to support the development of the City. Over time,
as individual property owners chose to annex into the City the remaining ROW will gradually
be added for the street. In the interim, the expected development on these properties is limited
and likely will not cause capacity or safety concerns.
Two public comments were made. The commenters were supportive of the application but
questioned if the property had access to the half street/alley to the north, if the City
compensated property owners for required right-of-way easement or dedication, and stated that
capacity of the existing street is limited when cars and trailers are parked.
In conclusion the Commission voted to recommend approval of the R-2 zoning designation to
the City Commission.
City Commission Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
207
Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 4 of 34
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues............................................................................................................... 2
Project Summary................................................................................................................. 2
Zoning Commission............................................................................................................ 2
Zoning Commission Alternatives......................................Error! Bookmark not defined.
SECTION 1 - MAP SERIES.................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11
SECTION 3 – ADVISORY COMMENTS ............................................................................ 11
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12
Annexation........................................................................................................................ 12
Zone Map Amendment..................................................................................................... 12
SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS........... 20
Spot Zoning Criteria ......................................................................................................... 29
PROTEST NOTICE FOR ZONING AMENDMENTS......................................................... 31
APPENDIX A - NOTICING AND PUBLIC COMMENT.................................................... 31
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF............................ 34
FISCAL EFFECTS................................................................................................................. 34
ATTACHMENTS................................................................................................................... 34
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SECTION 1 - MAP SERIES
Project Vicinity Map (2018 air photo)
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Project Vicinity Map (2018 air photo)
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Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map – Subject property is designated as
Urban Residential
Urban
ResidentialCommunity
Commercial
Mixed-Use
Parks and
Open
Lands
Residential
Mixed-Use
No City
Services
Urban
Residential
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Project Vicinity Map Showing Near Vicinity Municipal Zoning
B-2
R-1
M-1
R-S
Not
annexed
Not
annexed
Not
annexed
R-S
R-3
R-4
B-2
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified
as the “1919 Bridger Drive Annexation”.
2. An Annexation Map, titled “1919 Bridger Drive Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or
street access easements must be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied on a mylar for City records (18"
by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s
Office. This map must be acceptable to the Director of Public Works and City
Engineer’s Office, and must be submitted with the signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation
Agreement with the City of Bozeman within 60 days of the distribution of the
annexation agreement from the City to the applicant or annexation approval shall be
null and void.
4. The land owners and their successors must pay all fire, street, water and sewer
impact fees at the time of connection; and for future development, as required by
Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any
permit listed therein.
5.City of Bozeman Resolution 5076, Policy 1 – Bridger Drive is classified as a Principal
Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-
of-way ROW width of (110) feet. Currently, only ninety (90 feet) of ROW exists along
the property frontage. An additional 10 feet of ROW must be provided along the
property frontage prior to the adoption of Resolution of Annexation. The ROW must be
executed using the City’s standard language. The applicant should contact the City
Engineering Department to receive a copy the standard language.
6. If one does not already exist, a ten foot private utility easement must be provided along
the property’s Bridger Drive frontage as well as along the future local street located at
the back of the property prior to the adoption of Resolution of Annexation. The executed
easement must be delivered to the City Engineering Department. The easement must
be executed on the City’s standard easement form. A copy of the standard easement
form may be obtained from the City Engineering Department.
7. Thirty feet (30 feet) of right-of-way (ROW) must be provided along the rear of the
property prior to the adoption of Resolution of Annexation to allow the future connection
of a local street. The right-of-way must be executed using the City’s standard language.
The applicant should contact the City Engineering Department to receive a copy the
standard language.
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8. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
a. Street improvements to Bridger Drive from Story Mill to Boylan Road including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
a. Intersection improvements to Bridger Drive and Story Mill including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements to Bridger Drive and Boylan Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The applicant may obtain a copy of the template SID waiver from the City Engineering
Department. The document filed must specify that in the event an SID is not utilized for
the completion of these improvements, the applicant agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development, or a combination thereof. The applicant must provide
a copy of the SID waiver filed with the County Clerk and Recorder prior to the adoption
of Resolution of Annexation.
9. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
10. The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent (John Alston) for inspection,
and the applicant must report the abandonment to the Gallatin City County Health
Department. In addition to abandonment of the septic tank and leach field, the applicant
must demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
11. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross contamination.
The applicant must contact the City Water and Sewer Superintendent to inspect the
disconnection prior to connection of water service from the house to the City water system.
12. The applicant must contact Griffin Nielsen with the City Engineering Department to obtain
an analysis of cash-in-lieu of water rights for the proposed annexation. The determined
amount must be paid prior to annexation.
13. A utility easement must be provided for the power line running east to west through
the center of the property with the annexation, if one does not already exists. The
applicant must contact Northwestern Energy to obtain details on the required
easement.
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SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If
the Annexation Agreement is not approved, the Zone Map Amendment application is null
and void.
2. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “1919 Bridger Drive Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “1919 Bridger Drive Zone Map
Amendment.” The map must be supplied as a PDF. This map must be acceptable to the
City Engineer's Office and must be submitted within 60 days of the action to approve the
zone map amendment. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent rights-of-way or street easements, and
total acreage of the property to be rezoned; unless the property to be rezoned can be entirely
described by reference to existing platted properties or certificates of survey.
4. 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.
SECTION 4 – ADVISORY COMMENTS
1. The significant distance between the existing home and the available sewer mains and
available elevation drop may require a private pump system to be installed. The City does
not maintain or operate private pump systems, the owner of the property will be responsible
for any system.
2. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
City of Bozeman adopted impact fee schedule in place at the time of building permit
issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or visit
www.bozeman.net.
3. Upon future development of the parcel, the transfer of water rights or the payment of cash-
in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the amendment. The DRC identified
infrastructure deficiencies that must be addressed with terms of annexation. The City
Commission will address these issues during their public hearing. The Applicant has been
informed what considerations need attention.
The City Commission will hold a public meeting on the annexation on July 20, 2021. The
meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff finds the
application meets criteria for approval as submitted. The 1919 Bridger Drive Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation, application 21123.
The Development Review Committee (DRC) considered the amendment. The DRC identified
did not identify any infrastructure or regulatory constraints that would impede the approval of
the Zone Map Amendment application.
The Zoning Commission will hold a public hearing on this ZMA on June 28, 2021 and will
forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment onJuly 20, 2021.
The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
In evaluating compliance with the following Goals and Policies, Staff considers the application
materials, Terms of Annexation, and adopted standards of the City to determine whether the
Goal or Policy can be met.
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
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The property in question is contiguous to the City limits. The property is bounded on the
north and south sides by City limits and County zoned property to the east and west.
However, the property is a part of a number of properties which are wholly surrounded
inholding.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
The subject property is not wholly surrounded.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
The subject property is not currently contracting for services.
Goal 4: The City of Bozeman requires annexation of all land proposed for
development lying within the existing and planned service area of the municipal water
and sewer systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
The subject property lies within the planned service area of the municipal water and sewer
services. Existing sewer and systems are installed. As noted above, the area in question is an
inholding with nearby properties currently being served by full City services included
emergency services, and streets.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
As shown in Section 1, the subject property is planned as Urban Neighborhood and is within
the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the
report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
The subject property is within a number of inholdings wholly surrounded by City Limits. A
nearby property within the same subdivision was annexed by the City in 2018 at the property
owner’s request, see application 18143. The annexation of the subject property would further
this goal.
Goal 7: The City of Bozeman encourages annexations which will enhance the
existing traffic circulation system or provide for circulation systems that do not exist at
the present time.
The subject property will provide additional right of way for Bridger Drive and the unnamed
road to the north, see Term of Annexation 5 and 7. No addition internal street network is
required to serve the property.
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Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
The subject property is 0.5557 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
After annexation, the subject property will be bound to the provisions of 38.410.130
which require evaluation of water adequacy and provision of water if needed at time of
development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Term of Annexation 12. The landowner will consent
to this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
The subject property is located within the City’s planned water and sewer service area. See
Goal 4 above. The applicant proposes zoning for future development of homes. There is an
existing home on the property which uses an onsite well and septic system. The annexation
terms include requirements for future abandonment of the septic system and connection to
the municipal sewer system. Any new construction must connect with initial construction to
the municipal system.
Terms of Annexation 9 - 11 address the termination of the existing on-site septic system.
Exact timing will depend on the sequencing of future development. The City’s water and
sewer systems are adjacent to the property. See the maps below. Per Term of Annexation 9,
the Annexation Agreement required to finalize the requested annexation will require the
applicant to design extensions of services to meet the City’s adopted infrastructure standards.
These include provisions for minimum water pressure and volumes, adequate sewer flows by
volume, gravity flow of sewers, and other standards necessary to protect public health and
safety and ensure functional utilities.
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Existing Sewer Service Map
Existing Water Service Map
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Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
The recommended Terms of Annexation include requirements for provision of right of way
for Bridger Drive, an arterial street, and the unnamed street to the north. See Terms of
Annexation 5 and 7. Dedicated Streets or public street and utility easements provide locations
for municipal water and sewer mains. Waivers of right to protest special improvement districts
are included in Term of Annexation 8 for streets affected by the future development of the
property.
Any additional easements and rights of way will be provided within the property with future
development of the property as required by municipal standards. Exact locations will be
determined by further technical analysis and site design.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
The subject property is planned for Urban Neighborhood. No change to the growth policy is
required. The application includes a request for initial zoning of R-2. See the zone map
amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
The property is designated “Urban Neighborhood” on the future land use map. No growth
policy amendment is required. See discussion under zone map amendment Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be
determined by the City Commission, in compliance with the Bozeman Growth Policy
and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
The property proposed for annexation requests a zoning designation of R-2. See the zone map
amendment section of this report for review of the zoning criteria. The Zoning Commission
held a public hearing on June 28, 2021. A motion recommending approval of the requested R-
2 zoning was passed unanimously. See the discussion under Section in the Executive
Summary.
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Note: The annexation and the placement of a zoning district designation on the property by the
City does not guarantee available services or approval of a specific development. Section
38.300.020.C of the Unified Development Code states: “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.”
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
The applicant has requested R-2, the Residential Moderate Density District. See Section 6 of
this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Yes. The property proposed for annexation is accessed from Bridger Drive to the south,
a principal arterial, which is paved to the edge of the subject property.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Yes. The property owner shall provide usable water rights, or cash in-lieu of water rights
thereof, in an amount to be determined by the Director of Public Works, as outlined by Section
38.410.130 of the municipal code. The calculated amount will be determined by the Director
of Public Works and based on the zoning designation approved by the City Commission. This
will be addressed with the annexation agreement.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
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provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Yes. City infrastructure and emergency services are available to the subject property. An
eight-inch water main is located in the alley north of the property – approximately 250
feet from the existing structure. An eight-inch sewer main is also located in the alley
north of the property. The property is located adjacent to residential development that
is currently served by Bozeman Fire.
Recommended Term of Annexation #9 includes the provision that the applicant will be
responsible for installing facilities required to provide full municipal services to the
property in accordance with city policy at the time of connection.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
The property is not currently provided City services. No emergency connection is requested.
City services will be required to be provided concurrent with future development. Terms of
Annexation 9 - 12 address connection to services.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Mapping to meet the requirements of the Director of Public Works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and
bounds legal description of said property. Mapping requirements are addressed in
Recommended Term of Annexation # 2.
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Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
This annexation does not require immediate payment of fees. The annexation agreement will
provide notice of obligations to pay impact fees at times as required in ordinance. See Term
of Annexation #4.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle,
and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
This policy will be implemented only if the Commission acts to grant preliminary approval.
If the application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
The necessary agencies were notified and provided copies of the annexation on May 13,
2021.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
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from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
There is one home on the property which has on-site well and septic system and will be
required to severe thee use of the on-sight systems and connect to City water and sewer service.
Aterm of annexation requires connection to municipal water and sewer implements this policy.
In conjunction with future connection the septic system must be properly abandoned and the
well disconnected from the domestic supply. Terms of Annexation 8-10 address these issues.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for 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 discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria.
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 application was initially submitted on October 16, 2021. Additional information was
requested from the applicant to complete required submittal requirements and detail proposed
infrastructure connections. Information was submitted on December 7, 2021.
The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments
and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally.
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Application of the criteria varies depending on whether an amendment is for the zoning map
or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance
with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application has been within in the anticipated growth area of the City. As
shown on the maps in Section 1, on the excerpt of the current future land use map, the property
is designated as Urban Residential. The Urban Residential 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-2 district is an implementing district of the Urban Residential
category.
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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
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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, even within already developed areas. It is
inconsistent with this approach to zone at annexation 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 Applicant argues the proposed zone change in accordance with the Growth Policy by
stating, “The proposed zoning is consistent with the recently adopted growth policy plan. The
future land use map from the growth policy designates this property as Urban Neighborhood.
The Urban Neighborhood designation supports the R-2 zoning proposed with this application.
The proposed zoning meets several of the goals and policies identified in the growth policy
plan including:
• Basic Planning Precepts – Principles Applied in this [Growth Policy] Plan -“Infill
development and redevelopment should be prioritized.” The proposed application represents
an infill development as it is surrounded by City limits/developments.
• Goals, Objectives, and Actions – DCD-1.5. “Identify underutilized sites, vacant, and
undeveloped sites for possible development or redevelopment.” The property currently has one
dwelling unit on over 0.5 acres of land which is well below the residential density objectives
identified throughout the Plan.
• Page 13 – “Municipal development enables use of highly effective centralized water and
sewer systems. Such centralized systems are more protective of water quality both at the
surface and underground.” The proposed annexation and zoning will abandon the existing on-
site septic and water systems by connecting to the existing municipal water and sanitary sewer
system.”
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested R-2 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
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The proposed zoning is consistent with the future land use map and is within the current
facilities plans. Although limited infrastructure is currently installed near the subject property
this action is the first step in correcting this deficiency.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The zone map amendment is proposed in association with an annexation. The area to be
annexed, for all intent and purpose, wholly surrounded by the City boundary and eliminates
one of a number of isolated inholding with the City service area and street network.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property, for all intent and purpose, is wholly surrounded by the City. The property is
seeking annexation and municipal zoning for the purpose of maintaining and possibly
expanding the use and intensity of the site. The application is in accordance with the growth
policy.
B. Secure safety from fire and other dangers.
Yes. The existing building is constructed of unknown quality, fire, and safety measures. Any
renovations, expansions, or removal and replacement must meet the development standards of
the City and, in some cases, might require retrofitting to ensure the building is safe for
occupants and neighboring properties.
The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach
of the Fire Department. Fire protection water supply will be provided by the City of Bozeman
water system. The property is not within any delineated floodplain. Upon annexation the
subject property will be provided with City emergency services including police, fire and
ambulance. The initial zoning of R-2 is not likely to adversely impact safety from fire and
other dangers. The property will be required to conform to all City of Bozeman public safety,
building and land use requirements. The City provides emergency services to adjacent
properties and there will be no difficulty extending service to this parcel.
C.Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Public health and safety will be
positively affected as the proposed annexation will allow the existing structure to connect to
the City sewer system, thereby removing a septic system and lessening resulting groundwater
discharge.
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As noted in criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and
full connection to the greater transportation network for users ensuring the promotion of public
health, safety and general welfare.
Public health and safety will be positively affected by requiring new and redevelopment to
connect to municipal sanitary sewer and water systems, which will prevent groundwater
pollution and depletion by wells and septic systems.
D.Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements.
Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning
amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address
public safety, etc. It is often difficult to assess these issues in detail on a specific
site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, 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. Private development must demonstrate compliance with standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. 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.
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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.”
The development of public infrastructure improvements to serve the property will be required
to conform to the City of Bozeman’s adopted standards which require properties to construct
public infrastructure and/or pay impact fees, assessments, and taxes to support transportation,
water, sewer, school, parks, and other public requirements. City water and sewer lines are
located adjacent to the property to the north (approximately 250-feet from the existing
structure) and the terms of annexation require the applicant to connect to municipal services
and install any facilities required to provide full municipal services to the property. The
property is accessed from Bridger Drive (principal arterial) and the Bridger Creek trail is
located across Bridger Drive. Park dedication is not required as there is an existing residence
on the property. Any future development of the property will be evaluated for additional
required improvements during the plan review process.
E.Reasonable provision of adequate light and air.
Yes. The R-2 zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to City standards for setbacks, height, lot coverage,
and buffering.
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.
F.The effect on motorized and non-motorized transportation systems.
Neutral. The proposed R-2 zoning designation will have a neutral effect on the City’s
motorized and non-motorized transportation systems as the property is occupied by an existing
residence. As a result, the impact to the motorized and non-motorized transportation systems
is not anticipated to change. The terms of annexation require dedication of 30 feet of right-of-
way along the rear (north) of the property to allow the future connection of a local street. In
the event this local street is built, it would have a positive effect on the motorized and non-
motorized transportation systems as it would increase street connectivity adjacent to the
Legends subdivision and result in the addition of a sidewalk. Further, the small size of the
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property and the lower-intensity zoning proposed will not create a measurable effect on
transportation systems
The recommended terms of annexation and City’s development approval processes, for
example requirements for easements, the waiver of the right to protect special improvement
districts related to transportation, and construction of future roads are expected to sufficiently
address impacted transportation systems as a result of the map amendment.
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
“Development creates or funds many of the City’s local streets, intersection upgrades,
and trails. Therefore, although a text or map amendment may allow more intense
development than before, compliance with the adopted Plans and standards will
provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and the
compliance of future development with adopted standards will offset impacts from
development.
G.Promotion of compatible urban growth.
Yes. Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.7 BMCto 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
“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.
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The proposed R-2 district is a predominantly residential district. The allowed uses for
residential districts are set in section 38.310.030. The proposed zoning is similar in intensity
and character as neighboring properties. The proposed amendment is associated with an
annexation creating continuity between the existing and surrounding uses. Staff concludes R-
2 zone 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.
Yes. The proposed R-2 zoning promotes the character of the district as the intent of the
Residential Moderate Density district is to “… provide for one- and two-household residential
development at urban densities within the city in areas that present few or no development constraints.”
Surrounding properties are low-density single-household residential. Adjacent properties in
the City are zoned R-1 to the north and R-S (Residential Suburban) to the south. Adjacent
properties in Gallatin County, to the east and west, are zoned Residential Suburban. The
proposed R-2 zoning designation is consistent with the character of the neighborhood as well
as existing development on the property.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and 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. 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.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in this new area
of the R-2 district to be compatible with adjacent development and uphold the character of the
area.
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I. Peculiar suitability for particular uses.
Yes. The property is located in an area of single-household residential development which is
suitable for uses allowed in the R-2 zoning district. The proposed R-2 zoning designation is
suitable for the current use of the property.
Staff concurs with the applicants statement that, “The application does not modify the
existing standards of the R-2 zoning district. The property is within the City’s planning and
utility service boundaries. The property does not have any defining characteristics that would
make it suitable for one particular use. In accordance with the future land use map and the
existing uses surrounding the property, a residential use (as proposed) is likely the most
suitable use for the property. The property does not have any water courses present, is flat,
and is nearly fully developable.
J. Conserving the value of buildings.
Yes. There is an existing single-household residential structure on the property in an area of
compatible residential land uses. The proposed R-2 zoning designation will allow for similar
land use patterns and will thus conserve the value of buildings in the area. The applicant has
not proposed future alteration or development on the property. Any future development on the
property will be subject to standards in the R-2 zoning district which will ensure the
conservation of adjacent building values including but not limited to standards set forth in the
Unified Development Code for fire safety, setbacks, buffers and building heights, which will
help alleviate any potential negative impacts to the values of adjacent buildings as a result of
future development on the subject property. Therefore, this criterion is met.
K.Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As discussed in Criteria A above, this property has been planned for residential uses for
many years. The proposed R-2 zoning designation will encourage the most appropriate use of
land as the property is surrounded by lower density residential development, which is
consistent with the R-2 designation. Furthermore, the proposed R-2 zoning designation is
consistent with the Bozeman Community Plan’s future land use map designation of “Urban
Residential.”
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.
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1.Is the proposed use significantly different from the prevailing land uses in
the area?
No. The R-2 designation already exists in the area, and properties are developed in
accordance with the R-2 district. Because this is simply a small expansion of less dense
residential district that is not substantially different in terms of allowed land uses in the
existing county R-S district (both allow single-detached housing), the land uses allowed on
the subject property are not significantly different than those that currently prevail in the
area. Therefore, staff finds that this criterion is not met.
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 application is submitted by one landowner in conjunction with annexation of the
single 0.5557 acre property. Although the City supports multiparty annexation applications,
landowner annexation of single properties are the most frequent annexations.
As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
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. While the applicant/landowner will directly benefit from the proposed zone map
amendment, the proposed amendment is not at the expense of surrounding landowners or the
general public. As discussed above in the various review criteriaabove, no substantial negative
impacts are identified due to this amendment.
As discussed in Criterion A, the application is consistent both the City’s and the County’s
growth policy. The growth policy is the overall land use policy for the community. Consistency
with the growth policy demonstrates benefit to the general public. As discussed under Criterion
D, the City’s development standards will require the applicant to provide the needed
infrastructure to support any proposed development prior to construction of homes.
Concurrency and adequacy of infrastructure remove most potential injury to others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner at
the expense of others. Development of the site in any manner will create additional demand
for services and change the character of the site as a large lot single home. A change to an
urban district does not inherently injure the surrounding landowners.
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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 Avenue, PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on June 13 and July 4, 2021. The site
was posted on site and notices mailed by the applicant as required by 38.220 and the required
confirmation provided to the Planning Office. Notice was or will be provided at least 15 and
not more than 45 days prior to any public hearing.
As of the writing of this report on July 8, 2021, one written comments have been received on
this application and is attached to this report.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Residential” in the Bozeman Community Plan 2020.
1. URBAN RESIDENTIAL.
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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.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-2, “Residential Moderate Density” in association with
the annexation of the property. According to Sec. 38.300.100(C) of the Unified Development
Code, “The intent of the R-2 residential moderate density district is to provide for one- and
two-household residential development at urban densities within the city in areas that present
few or no development constraints.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of R-2 correlates with the Growth Policy’s future land use designation of
“Urban Residential”.
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Authorized uses in Residential districts are detailed in section 38.310.030.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner:Mathew and Morgan Hausauer, 3004 Meah Lane, Bozeman, MT 59718
Applicant:Mathew and Morgan Hausauer, 3004 Meah Lane, Bozeman, MT 59718
Representative:Mathew and Morgan Hausauer, 3004 Meah Lane, Bozeman, MT 59718
Report By:Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. Future development will incur costs and generate
review according to standard City practices.
ATTACHMENTS
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
Public comment
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4/22/2021
Revision and Correction Narrative
1919 Bridger Drive Annexation and Initial Zoning
Enclosed please find the updated Zone Map Amendment exhibit for the 1919 Bridger Drive Annexation/ZMA. The
ZMA exhibit has been updated to have the R‐2 zoning district cover the entire property instead of the split R‐1/R‐2
zoning previously submitted. The applicant concurs with the City’s analysis that splitting the property into two
zoning districts would likely be considered spot/split zoning.
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Adjoining Property Owners
1919 Bridger Drive, Bozeman, MT 59715
Owner Name Property Address Owner Mailing Address Contiguous?
1 WEAMER, TIMOTHY Y 1915 Bridger Drive 1915 Bridger Drive YES
Bozeman, MT 59715 Bozeman, MT 59715
2 COBALT CAPITAL LLC 1907 Bridger Drive 12834 Topping Manor Drive NO
Bozeman, MT 59715 Saint Louis, MO 63131‐1815
3 GHICADUS, SARAH & DAVID 1901 Bridger Drive 1901 Bridger Drive NO
Bozeman, MT 59715 Bozeman, MT 59715
4 HOLLIER, DAVID 2420 Atsina Lane 2420 Atsina Lane NO
MCCULLOUGH, ASHLEY Bozeman, MT 59715 Bozeman, MT 59715
5 STERL, MICHAEL & MEGAN 2440 Atsina Lane 2440 Atsina Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
6 MIREMONT, KRISTINA 2460 Atsina Lane 6595 Goodwood Ave. NO
Bozeman, MT 59715 Baton Rouge, LA 70806‐7408
7 KUJAWA, THOMAS & KALLIE 2463 Blackfeet Lane 2463 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
8 WEBB, MOLLY 2443 Blackfeet Lane 2443 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
9 RAMSAY, LAWRENCE SCOTT 2423 Blackfeet Lane 285 Snowline Road NO
RAMSAY, MARCY LYNN Bozeman, MT 59715 Bozeman, MT 59715
10 COPPOLILLO, PETER 2468 Blackfeet Lane 2468 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
11 SCHERER, TROY & JENNIFER 2448 Blackfeet Lane 2448 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
12 MVJ & LLJ LLC 2428 Blackfeet Lane 413 Fleeton Point Circle NO
ATTN: LINDA JAMISON Bozeman, MT 59715 Reedville, VA 22539‐4220
13 TEITELBAUM, BRUCE 1925 Bridger Drive 517 N. Rouse Ave. YES
C/O CHARLES MCDONALD Bozeman, MT 59715 Bozeman, MT 59715
14 HAIN LEE F TRUSTEE 2003 Bridger Drive 2003 Bridger Drive NO
Bozeman, MT 59715 Bozeman, MT 59715
15 HEBERT, THOMAS P SR 2011 Bridger Drive 2011 Bridger Drive NO
Bozeman, MT 59715 Bozeman, MT 59715
16 FINCH, CATHERINE 2200 Powder Park CT 2200 Powder Park CT NO
RINELLA, STEVEN Bozeman, MT 59715 Bozeman, MT 59715
17 HEADLANDS SUB PARK AREA General Delivery General Delivery NO
Bozeman, MT 59718‐9999 Bozeman, MT 59718‐9999
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From:Ryan Watson
To:Agenda
Subject:attention Tom Rodgers/Commission
Date:Monday, June 28, 2021 10:37:08 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
application 21-1230
1919 Bridger Dr. Tom/Commision
I wanted to write to you as I have had extensive interaction with the neighborssurrounding this property and its annexation request.
-We would rather have a smaller version of a standard street or road in the back. It helps withthe neighborhood to have a slower pace and many currently really like the slow feel and less
cause for speed, as kids play and folks are not pushed to drive so fast on a smaller than usualstreet... This being said we also want the ability to build a home,building,or multi unit on the
back forty and have access or split the lot. As oftentimes annexation costs so much that someowners may need to sell a lot in order to annex......
There are numerous issues involving both the fee structure ie impact fees, and the associated
land that the city is requesting. In many instances the city has tried to force their hand in landacquisition and it would be reasonable for us to work together to find options to make it easier
and more equitable for those looking to annex. Really the city wins as we pay more taxes(especially 2 lots) and are required to pay for services. Why then would we be asked to give
upto 35 ft of land for free just to annex. (Normal easements are 15'). -Why didnt city planning work on behalf of these stake-holders early on in the development of
the legends, so that the developer of the legends was required to both put in the width of astandard road knowing that we on bridger drive have larger properties that would likely be
built out to density and need access? If a common access is 15' why are we asked for upwardof 30'?
Many in and along this road would like it to not become a full city street; we have been toldthere are other smaller options to accommodate both a rear access/home and a smaller foot-
print roadway. I believe there are and it may be a way to accommodate future growth with-outa full on city street. Why are we building around cars when what we need is less cars?
-Costs associated with the forfeiture of the land in the easements should include treereplacement/fencing and existing structures this cost could be reimbursed in deducted impact
fees for the 2 parcels, better yet we pay one upfront impact fee for the entire property thatallows the property to be zoned/built out with maximum zoning or something other than r1 for
the future. Several of the neighbors would like both the R# maximum density zoning and theability to split the lot. If we are going to be a community that is focused on affordable housing
we have to start working at making housing and these remaining affordable lots....., bothaffordable and dense and this is what is required. I'd be glad to sit down with any of you to go
over some options to make this good transition for our community.
Ryan Watson1907 Bridger Dr.
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