HomeMy WebLinkAbout12-07-21 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 (Tonkovich)
F.2 Authorize the Mayor to Sign a Mutual Release and Settlement Agreement in Gallatin
County, Montana v. City of Bozeman No. DV-20-10B(Saverud)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, December 7, 2021
This meeting will be held using Webex, an online videoconferencing system. You can join this meeting:
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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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request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and
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You may also send the above information via text to 406-224-3967. As always, the meeting will be
streamed through the Commission's video page and available in the City on cable channel 190.
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F.3 Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program Grant Award Amendment to XY Planning Network
(Amended Contract # MT-BSTF-1-21-09A)(Fontenot)
F.4 Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Sewer and Water
Pipeline and Access Easement and Agreement, Utility Easement with Bozeman COHO, LLC
for the Bozeman CoHousing Site Plan (21096)(Paz-Solis)
F.5 Authorize the City Manager to Sign a Mutual Access Easement and Agreement for Lot 4E
and 4D and a Mutual Access Easement and Agreement for Lot 4C and 4B and with Montana
Land Project LLC for the Traditions Subdivision Phase 1 (21322)(Schultz)
F.6 Authorize the City Manager to Sign a Public Access Easement, Sewer and Water Pipeline and
Access Easement and Agreement, Utility Easement with Fallon First, LLC for the Fallon
Condo Site Plan (21175)(Schultz)
F.7 Authorize the City Manager to Sign a Temporary Right-of-way Agreement and Temporary
Construction Permit Needed for the City to Install Improvements to Story Mill Road - Parcel
1 (Canyon Gate Investors, LLC)(Murray)
F.8 Authorize the City Manager to Sign a Professional Services Agreement for a Term Contract
with Walker Consultants for Parking Services Program and Task Order #1(Veselik)
F.9 Authorize the City Manager to Sign a Professional Services Agreement with K2 Ventures Inc.
to Provide Snow Removal Services for the City of Bozeman Parks and Trails District(Kline )
F.10 Authorize the City Manager to Sign an Amendment 1 to the Professional Services
Agreement with Sanderson Stewart to Provide Pre-Design Services for the Fowler
Connection (Huffine to Oak) Project(Lonsdale)
F.11 Authorize the City Manager to Sign an Amendment 1 to the Professional Services
Agreement with Maddaus Water Management Inc. for the 2020 Water Conservation
Plan(Ahlstrom)
F.12 Authorize the City Manager to Sign an Addendum 2 to the Professional Services Agreement
with The Nest Collective, LLC for Public Works Department Public Relations Services(Shirley)
F.13 Authorize the City Manager to Sign an Amendment 2 to Task Order 12 with Sanderson
Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse
Project(Lonsdale)
F.14 Resolution 5360 Clarifying the Member Appointments to the Transportation and
Community Development Citizen Advisory Board(Giuttari)
F.15 Resolution 5361 Authorizing Change Order 1 to the Griffin Drive and Manley Road Street
and Stormwater Improvements Project(Lonsdale)
F.16 Ordinance 2089 Final Adoption Amending Chapter 38 Unified Development Code for
Subdivision Review Procedures And Associated Development Standards Update Text
Amendment to Conform to Amended State Law and Improve Processes, Â Application
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21338(Saunders)
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.Special Presentation
H.1 Triannual Climate Plan Report (Meyer)
I.Action Items
I.1 The South 3rd Growth Policy Amendment to Modify the Future Land Use Map from Public
Institutions to Urban Neighborhood, Addressed at 2303 South 3rd Avenue, Located on the
West Side of South 3rd Avenue and 1/4 Mile South of Kagy Boulevard, Application
21309(Rogers)
I.2 FY23 - FY27 Capital Improvement Plan - Other Special Revenue Funds and General
Fund(Rosenberry)
J.FYI / Discussion
K.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:Kathleen Tonkovich, Assistant Controller
Anna Rosenberry, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:December 7, 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 and Assistant Controller Kathleen
Tonkovich.
Report compiled on: November 24, 2021
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Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Authorize the Mayor to Sign a Mutual Release and Settlement Agreement in
Gallatin County, Montana v. City of Bozeman No. DV-20-10B
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Move to authorize the Mayor to sign the Mutual Release and Settlement
Agreement in Gallatin County, Montana v. City of Bozeman No. DV-20-10B,
resolving the SID 745 dispute.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In early 2020, Gallatin County filed a lawsuit challenging the legality of SID
745 and the County's obligation to pay their share for the improvements to
Ferguson and Oak. Partial payment was made in protest. The City
counterclaimed for breach of contract. The parties each moved for partial
summary judgement and Judge McElyea issued the attached Order on
September 23, 2021. The court found in favor of the County on some
claims, and in favor of the City on others. Importantly, with regard to
whether or not the County was required to pay for their fair and
proportionate costs of the improvements to Ferguson and Oak, the court
agreed with the City that the County was required to pay under an alternate
financing method. Additionally the court awarded the City attorneys fees
related to the claims the city prevailed on. Following the court's order, the
parties again engaged in negotiations and reached the terms set for in the
attached.
The Gallatin County Commission voted to approve this settlement
agreement at their November 30, 2021 commission meeting.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Not enter a settlement and potentially further litigate an appeal of the
court's order.
FISCAL EFFECTS:The settlement calls for the County to pay the City a total of $950,000 which
includes payment by the County of $903,424.65 assessed as their fair and
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proportionate share under an alternate financing method for the
improvements made to Ferguson and Oak. As the Court awarded the City
partial attorney's fees, the remaining amount of $46,575.35 was negotiated
as a fair reimbursement under the settlement.
Attachments:
SID 745 Settelment agreement.pdf
ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT
DV-20-10B.pdf
Report compiled on: November 15, 2021
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DV-20-10B Agreement | Page 1
MUTUAL RELEASE AND SETTLEMENT AGREEMENT RELEASORS: Gallatin County, Montana; and City of Bozeman, Montana
RELEASEES: City of Bozeman, Montana; and Gallatin
County, Montana
DISPUTE: Claims by Gallatin County, Montana relating to the Westside Construction Project and Special Improvement District No. 745, and
Counterclaims by the City of Bozeman
relating thereto, as set forth in the pleadings filed in the Civil Cause described below.
TERMS OF SETTLEMENT: See Paragraph 5, below.
CIVIL CAUSE: Gallatin County, Montana v. City of Bozeman, Cause No.: DV-20-10B, Montana Eighteenth Judicial District Court,
Gallatin County
1. Mutual Release Subject to approval of this Mutual Release and Settlement Agreement (“Agreement”) by
Gallatin County, Montana (“County”) and the City of Bozeman, Montana (“City”), following
compliance with Montana’s Open Meeting laws, in consideration of the terms and conditions set forth in this Agreement, the undersigned Parties agree and do fully and forever mutually release and discharge one another, and their respective successors, assigns, agents, partners, officers, directors, members, managers, employees and attorneys from any and all actions, claims, causes
of action, demands, or expenses for damages or injuries, whether asserted or unasserted, known or
unknown, foreseen or unforeseen, that were or could have been brought upon any facts then in existence, arising out of the Dispute. 2. No Admission of Liability
It is understood that the terms and conditions of this Agreement are given and accepted as the sole consideration for full satisfaction and accord for the purpose of compromise and settlement of the Dispute, and that neither the consideration provided nor the negotiations for settlement shall be considered as an admission of liability.
//
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DV-20-10B Agreement | Page 2
3. Apportionment of Payment to Lienholders
Acceptance by the City of the amounts paid by the County are made in full acceptance of
any obligation by the County to pay for improvements that are the subject of the above described Dispute. And the City shall accept full and sole responsibility to apportion and pay any and all entities who may have valid liens or rights of subrogation or reimbursement for work or materials performed in connection with the subject matter of the referenced Dispute. The Parties further
agree that the release of all claims upon payment and receipt of the amounts stated herein shall
include any claim to costs or attorney fees incurred by the Parties in the referenced Civil Cause. 4. Additional Claims
The Parties mutually represent that no additional claims are contemplated against the other
party or any affiliated entity or person for the losses, damages, or injuries based on the subject matter of this Agreement. 5. Terms of Settlement
The Parties agree and stipulate as follows: A. The County will pay the City a total amount of $950,000 in full and final satisfaction of the Dispute. This amount will be paid as follows:
i. The City will retain the $618,028.71, which the County previously paid to the City
under protest; and ii. The County will pay the City the remaining balance of $331,971.29 to the “Peter G. Scott Law Offices, PLLC – IOLTA” account within fifteen (15) days after the execution of this Agreement.
Within fifteen (15) days after payment by the County, counsel for the parties shall jointly move the Court to dismiss all remaining claims in the Civil Cause with prejudice, as fully settled upon the merits.
6. Authority to Execute Agreement Each person executing this Agreement on behalf of the respective parties represents that he or she has is authorized to do so by the Parties’ respective governing Commissions, has consulted with legal counsel, and does so with a full understanding of the legal effect of the
Agreement 7. Future Damages Inasmuch as the injuries, damages, and losses resulting from the Dispute may not be fully
known and may be more numerous or more serious than it is now understood or expected, the Parties agree, as a further consideration of this Agreement, that this mutual release applies to any and all injuries, damages, and losses resulting from the Dispute described herein, even though now
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DV-20-10B Agreement | Page 3
unanticipated, unexpected and unknown, as well as any and all injuries, damages, and losses which have already developed and which are now known or anticipated.
8. Severability Should any provision of this Agreement be determined to be unenforceable, all remaining tenants and clauses shall remain in force and shall be fully severable.
9. Final Agreement This written Agreement constitutes the final agreement between the Parties and shall supersede any oral agreements to the contrary.
10. Binding Agreement This written Agreement is binding upon both Parties’ successors, assigns, agents, partners, officers, directors, members, managers, and employees for each person or entity executing this
Agreement. 11. Choice of Law The laws of the State of Montana shall apply to the interpretation of this Agreement.
12. Counterparts This Agreement may be executed in counterparts. Each counterpart bearing original signatures together with the Agreement shall constitute one instrument. Electronic or facsimile
copies of signature pages shall be considered and are hereby deemed to be original signatures for all purposes. [SIGNATURE PAGE FOLLOWS]
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DV-20-10B Agreement | Page 4
Releasor/Releasee – Gallatin County, Montana
By: Scott MacFarlane Date Chair, Gallatin County Commission
STATE OF MONTANA ) :ss.
County of Gallatin )
This instrument was acknowledged before me on the ______ day of November, 2021, by Scott McFarlane, Chair, Gallatin County Commission.
_______________________________________ Notary Public for the State of Montana Typed or Printed Name: ___________________ Residing at: _____________________________
My Commission Expires: _____________, 20__
Releasor/Releasee – City of Bozeman, Montana
By: Cyndy Andrus, Mayor Date Bozeman City Commission
STATE OF MONTANA ) :ss. County of Gallatin )
This instrument was acknowledged before me on the ______ day of November, 2021, by Cindy Andrus, Mayor, Bozeman City Commission. _______________________________________
Notary Public for the State of Montana Typed or Printed Name: ___________________ Residing at: _____________________________ My Commission Expires: _____________, 20__
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Memorandum
REPORT TO:City Commission
FROM:Brit Fontenot, Economic Development Director
SUBJECT:Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky
Economic Development Trust Fund Program Grant Award Amendment to XY
Planning Network (Amended Contract # MT-BSTF-1-21-09A)
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize Mayor Andrus to sign the Montana Department of Commerce Big
Sky Economic Development Trust Fund program amended contract (Contract
# MTBSTF-1-21-09A) and authorize the City Manager, or their designee, to
execute additional amended documents required to facilitate and manage
the amended grant award to XY Planning Network.
STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development
initiatives to improve the skills of our citizens.
BACKGROUND:See Exhibit 1 for full details.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As determined by the Bozeman City Commission.
FISCAL EFFECTS:See Exhibit 1 for full details.
Attachments:
Exhibit 1 cc memo 12.07.21 BSTF Award XYPN FINAL
11.15.21.doc
Exhibit 2 XYPN Extension Request Letter from XYPN.pdf
Exhibit 3 XYPN Extension Request from City.pdf
Exhibit 4 City of Bozeman - MT-BSTF-1-21-09 - Amendment
Approval Letter.pdf
Exhibit 5
Montana_Department_of_Commerce_Contract_MT-B (1)-
unsigned.pdf
Exhibit 6 XY Planning - Amended BAA-MP 11.8.21.pdf
Exhibit 7 Budget_Authorization.pdf
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Report compiled on: November 15, 2021
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Exhibit 1
Commission Memorandum
REPORT TO:Honorable Mayor and City Commission
FROM:Brit Fontenot, Director of Economic Development
SUBJECT:Montana Department of Commerce, Big Sky Economic Development
Trust Fund Program Grant Award to XY Planning Network (Contract # MT-
BSTF-1-21-09A)
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Consent
RECOMMENDATION:
Authorize Mayor Andrus to sign the amended Montana Department of
Commerce Big Sky Economic Development Trust Fund program contract (Contract # MT-
BSTF-1-21-09A) and authorize the City Manager, or their designee, to execute additional
amended documents required to facilitate and manage the grant award to XY Planning
Network.
BACKGROUND:
In a letter dated August 31, 2021 on behalf of the XY Planning Network (XYPN) to
Mayor Andrus requesting a contract extension for Contract # MT-BSTF-1-21-09 in order
to create additional jobs over the next two years. The City supported and the
Department of Commerce granted the extension request. (Exhibits 2 – 4)
On January 12, 2021 the Bozeman City Commission authorized Mayor Andrus to
sign the Montana Department of Commerce Big Sky Economic Development Trust Fund
program contract (Contract # MT-BSTF-1-21-09) and authorize the City Manager, or
their designee, to execute additional documents required to facilitate and manage the
grant award to XY Planning Network. Click here for the packet materials.
On October 13, 2020 the Office of the Governor notified the City of Bozeman
that the City’s application, facilitated by Prospera, was approved and XY Planning
Network was awarded up to $170,000 in BSTF Category I, Job Creation funding by the
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Exhibit 1
Montana Department of Commerce (DoC), Big Sky Economic Development Trust Fund
Program (Contract # MT-BSTF - 1-21-09). XY Planning Network agreed to create up to
34 net new full time jobs in the next year that meet or exceed the BSTF wage rate of
$20.88 per hour, not including employee benefits.
The amended contracts extend the contract terms out for an additional year
and increase the contract award by $80,000 for an additional 16 jobs for a total
contract award not to exceed $250,000 and the creation of a total of 50 eligible net
new jobs. Like the previous contract, wages must meet or exceed the BSTF wage rate
of $20.88 per hour, not including employee benefits. (Exhibits 5 and 6)
As part of the administration of the BSTF grant, the DoC and Prospera require
the sponsoring entity, the City of Bozeman (the “City”), to enter into several agreements
with the DoC, Prospera and the XY Planning Network, including the attached contract
document. (Exhibits 5 and 6)
A net new job must pay the average weekly wage that meets or exceeds the
lesser of 170% of Montana's current minimum wage *AND/OR* the current average
weekly wage of the county in which the employees are to be principally employed. The
value of employee benefits can be included in this wage. The current average annual,
weekly and hourly wage thresholds may be obtained through the BSTF program web
site at www.bstf.mt.gov or may be requested from the Department. These figures are
based upon the average weekly wage data produced by the Montana Department of
Labor and Industry for the most current year available.
An eligible net new job is defined as the following:
1.An eligible net new job is defined as one that is new to the company and
has not been filled before October 8 ,2022;
2.Have at a minimum, a full-time job, meaning a predominantly year-round
position requiring an average of 35 hours of work each week; and
3.The job pays wages that meet or exceed $20.88 per hour, not including
employee benefits.
THE PROSPERA BUSINESS NETWORK:
The City and Prospera work collaboratively on numerous economic development
projects including past BSTF grants. As they have in the past,Prospera will provide grant
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Exhibit 1
administration, contract management and reporting under the BSTF requirements.
Additionally, Prospera currently manages the City’s Revolving Loan Fund.
Once the grant is funded, Prospera will administer the BSTF grant, contracts and
satisfy reporting elements of the BSTF award. Through the Economic Development
Department, the City will maintain oversight of the Prospera management of the BSTF
grant award as the recipient entity for the grant funds, as required by the DoC.
GRANT AGREEMENTS:
The following agreement must be entered into by the City to complete the grant
and provide the award to XY Planning Network:
Montana Department of Commerce Big Sky Economic Development Trust Fund
Program Document, referred to as the Contract (# MT-BSTF – 1-21-09A), provides the
Category 1 funding to the City.
There are additional documents wherein the DoC will require City approval.
Authorization of this Consent item also authorizes the City Manager, or their designee,
to execute all additional documents to facilitate the grant award including:
1.The Sub-recipient Agreement with Prospera authorizes Prospera to
manage the grant program on behalf of the City);
2.The Management Plan identifies the grant management requirements of
the City, Prospera, and XY Planning Network);
3.The Business Assistance Agreement between the City and XY Planning
Network details the conditions XY Planning Network must adhere to in
order to obtain the grant funds including the number of jobs, the salaries
for the jobs, the use of the funds, reporting, and other issues;
4.The Budget Amendment Form reconciles the incoming grant funds with
the City’s overall budget.
UNRESOLVED ISSUES: None
ALTERNATIVES:As proposed by the City Commission
FISCAL EFFECTS: As part of the contract, Prospera will earn administrative fees based
upon the number of net new jobs XY Planning Network creates over the next year.
Additionally, minimal City staff time is required to provide the appropriate review of
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Exhibit 1
documents and approvals. The City will receive the awarded funds from the Montana
Department of Commerce. In order to keep accurate accounting, a corresponding
budget amendment must be signed as part of the complete document stack. (Exhibit 7)
Please note that the Big Sky Trust Fund support provided by the City of Bozeman,
in longstanding partnership with Prospera, is not without financial risk, although the City
and Prospera work closely together with the assisted business to minimize the risk. If
the number of jobs identified in the contract is not filled by the assisted business, but
grant dollars are received by the assisted business, the contract between the assisted
business and the City of Bozeman contains the following financial restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to
sustain that job for the requisite duration, then the Contractor
shall reimburse the Department all funds received for that job. If
the Assisted Business fails to create the required number of jobs,
then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases
operation at the Project Site, then the Contractor shall reimburse
the Department all funds received under this Contract.
AND
Section 3 Compensation and Consideration:
c.The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
1. Fails to create or maintain the number of net
new eligible jobs as specified in the executed
contract and assistance agreement, or
2. Fails to inject the required amount of match into
the project as specified in the executed contract
and assistance agreement.
Additionally the Department may recapture funds if:
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Exhibit 1
a. At the end of the contract period the Department has
overpaid based on the number of net new jobs at the end of
the contract period.
b. The business ceases operations at the Project Site within the
contract period.
In partnership with the Montana Department of Commerce and Prospera, the
City has successfully supported numerous BSTF assisted businesses.
EXHIBITS:
1)December 7, 2021 City Commission Memo;
2)August 31, 2021 XYPN Extension Request Letter;
3)August 31, 2021 City of Bozeman Extension Request Letter;
4)October 19, 2021 Department of Commerce extension approval letter;
5)Amended Montana Department of Commerce, Big Sky Economic Development
Trust Fund Program Contract # MT-BSTF-1-21-09A;
6)Amended Business Assistance Agreement and Management Plan; and
7)Signed budget amendment.
Report compiled on: 11-15-21
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24 E Main Street, Bozeman, MT 59715
August 31, 2021
Mayor Cyndy Andrus
City of Bozeman
PO Box 1230
Bozeman, MT 59771
RE: Contract Extension Request for XY Planning Network, LLC, MT-BSTF-1-21-09
Dear Mayor Andrus:
Please allow this letter to serve as our official request to extend the Big Sky Trust Fund (BSTF) Job Creation grant for XY
Planning Network, LLC.
Since the inception of the contract on October 8, 2020, XY Planning Network, LLC has created and filled a total of 18 net new,
grant eligible positions and we estimate that we’ll draw on 10 more positions this quarter. All employees work or will work out
of our Bozeman, MT location. We are requesting the 2nd year funding in the amount of $80,000.00 which will allow XY
Planning to complete our hiring plan of creating 16 more net new jobs in Montana in Year 2, as well as the additional time to fill
the remaining positions from Year 1.
Since the commencement of our hiring grant on 10/8/21, we’ve added 33 net new jobs at XYPN. Thus far, only 18 of them
have been eligible for the grant program, by being based in Bozeman. With that, the remaining team members are in the
process of relocating here. Their relocation plans have been hindered during the course of the grant by the COVID pandemic
along with the high cost of and lack of affordable housing. We’ve seen further delays with our team relocations because of the
recent uptick in COVID infections across the country and additional variants being revealed. In the end, we support our team
and aim to be gracious with everyone and their relocation timelines, amidst all of the challenges they are facing.
Looking forward, once the remaining new team members relocate here and we take into account our continued growth, we’ll
exceed the original hiring plan’s # of 50 net new jobs, based in Bozeman. We’re conservatively forecasting a total of 58 new
hires over the entire 2 year period, but could easily see this being 75 or more. We’re continuing to grow our customer base
and will add team members, where and when appropriate, to support the rapid growth we’re experiencing.
We respectfully request a grant extension to October 8, 2022 to help us reach our hiring goals and bring quality, high paying
jobs to the Bozeman area.
Thank you for considering our request for a BSTF contract extension and please contact us if you have any questions.
Sincerely,
Travis Gano
Director of Operations
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August 31, 2021
Annmarie Robinson, Section Manager
Big Sky Economic Development Trust Fund
Montana Department of Commerce
PO Box 200505
Helena, MT 59620-0505
RE: BSTF Job Creation Grant: XY Planning, LLC MT-BSTF-1-21-09
Dear Annmarie,
The City of Bozeman requests a 1 year extension to the Big Sky Economic
Development Trust fund grant for XY Planning Network, LLC, MT-BSTF-1-21-09, which
will end on October 8, 2021.
As of August 23, 2021, XY Planning Network, LLC has hired 18 net new
employees out of the 34 authorized under their first year BSTF Job Creation grant
awarded October 8, 2020 with the plan of hiring 10 additional net new jobs in this
quarter. A revised hiring plan, as well as a written request from XY Planning Network,
LLC is attached.
XY Planning Network, LLC plans to fill the remaining 16 jobs from the first year and has
respectfully requested an additional year (through October 8, 2022) and additional jobs
and funds ($80,000 for 16 net new jobs) to complete their hiring plan for the second
year.
XY Planning Network, LLC remains a strong local company, creating jobs, wealth and exposure
for Bozeman. Continued support from the BSTF program will help ensure the company’s
ongoing success.
Sincerely,
Brit Fontenot
Director of Economic Development
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SCOTT OSTERMAN GREG GIANFORTE DIRECTOR GOVERNOR
COMMERCE.MT.GOV | MARKETMT.COM 301 S. PARK AVE. | OFFICE OF TOURISM AND BUSINESS DEVELOPMENT - PO BOX 200533 | HELENA, MT 59620-0533 P: 406.841.2870 | F: 406.841.2871 | TDD: 406.841.2702
October 19, 2021 Mayor Cyndy Andrus City of Bozeman PO Box 1230 Bozeman, MT 59771
RE: Montana Department of Commerce’s Big Sky Economic Development Trust Fund (BSTF) Program, Contract # MT-BSTF-1-21-09 , XY Planning Network, LLC Dear Mayor Andrus:
The Department of Commerce has reviewed your request for an amendment to the above referenced contract. The amendment request included: • Extending the contract for one year; and
• Increasing the contract award by $80,000 for an additional 16 jobs.
The Department has approved the extension of time and the increase in funding and jobs. The new contract amount will be $250,000 for the creation of 50 net new jobs.
A contract amendment will be routed to you through DocuSign. We look forward to successful completion of this grant. Sincerely,
Wayne Johnston Business Assistance Bureau Chief
c: Travis Gano, XY Planning Network, LLC Alexa Freeburg, Prospera Business Network Annmarie Robinson, Big Sky Economic Development Trust Fund Program
DocuSign Envelope ID: ECDD4C2E-1844-4110-8B44-240D012CFD93
43
1 of 3
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-21-09
Montana Department of Commerce City of Bozeman
COMMERCE CONTRACT #MT-BSTF-1-21-09
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT # MT-BSTF-1-21-09A
This Contract Amendment is entered into by and between City of Bozeman, (“Contractor”) and the
Montana Department of Commerce (“Department”). Program funds have been awarded to assist the
Contractor and XY Planning Network, LLC.
The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-21-09
(“Contract”), executed by them on January 27, 2021, as follows:
1. Section 1. Purpose of the Contract is amended to read:
The purpose of this Contract is to provide funding for Big Sky Economic Development Trust
Fund (BSTF) Program (the Program) Economic Development Job Creation Project activities
approved by the Department which the Contractor has applied for project funds pursuant to
Sections 90-1-201 et seq., Montana Code Annotated (MCA).
Program funds have been awarded to assist the Contractor and XY Planning Network, LLC,
24 E Main Street, Bozeman, MT 59715 (the “Assisted Business”) with purchase of computers,
equipment and for wage reimbursement and the creation of jobs in Montana.
The Assisted Business has agreed to create 50 eligible net new jobs at the project site located
at Bozeman, Montana (the “Project Site”) in the Contractor’s jurisdictional area within the
Contract time period. An eligible net new job is defined as one that is new to the company
and has not been filled before October 8, 2020. Eligible new job criteria is a full-time job,
meaning a predominantly year-round position requiring an average of 35 hours of work each
week, and pays wages that meet or exceed $20.88 per hour, before the value of benefits is
added.
In addition, the Contractor and the Assisted Business have agreed to a total new investment
at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial
assistance received, within this Contract time period.
2. Section 6. Effective Date and Time f Performance is amended to read:
(a) This Contract shall take effect on October 8, 2020 and will terminate upon completion
of the final closeout by the Department, or by October 8, 2022, whichever comes
first, unless otherwise terminated in accordance with the terms of this Contract. The
employment level of XY Planning Network, LLC one day prior to the contract effective
date is 36 permanent, full-time employees onsite, per the certified baseline job report.
DocuSign Envelope ID: 34214072-7312-434C-B5B4-D32657E2A5B9
44
2 of 3
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-21-09
Montana Department of Commerce City of Bozeman
(b) All Program award monies must be expended by the Contractor within the timeline
specified in the Contractor’s application, which by reference is made a part of this
Contract. The Contractor may modify the implementation schedule set forth in the
Contractor’s application only upon obtaining prior approval of the Department.
(c) Each party, after termination of this Contract, remains subject to and obligated to
comply with all legal and continuing contractual obligations arising in relation to its
duties and responsibilities that may arise under the contract including, but not limited
to, record retention, audits, and indemnification.
(d) The Department reserves the right to extend this Contract based on but not limited to
the Contractor’s performance of the contracted activities, the Contractor’s compliance
with program requirements and the availability of program funding.
3. Section 7. Budget is amended to read:
(a) The total amount to be awarded to the Contractor under this Contract will not exceed
$250,000 to be used as follows:
• Up to $230,000 (or $4,600 per job) to assist the Assisted Business with the
purchase of equipment and for wage reimbursement; and
• Up to $20,000 (or $400 per job) for eligible administrative expenses.
(b) The Project budget is set forth in the application, as submitted by the Contractor and
approved by the Department, and as specifically incorporated by this reference. The
Department must approve budget adjustments to the Project in advance. To obtain
approval of a budget adjustment, the Contractor shall describe the rationale for a budget
adjustment in writing to the Department.
(c) Any Project expenses the Contractor fails to incur on or before October 8, 2022, will
revert to the Big Sky Economic Development Trust Fund.
(d) The total amount to be awarded to the Contractor under the Contract shall be up to
$5,000 pe eligible net new job created by the Assisted Business for documented costs
with reimbursement not to exceed a total of $250,000 for the entire Contract. The
Department will not reimburse the Contractor for any costs incurred prior to October
8, 2020, nor for any expenses not included in the approved budget or not clearly and
accurately supported by the Contractor’s records.
DocuSign Envelope ID: 34214072-7312-434C-B5B4-D32657E2A5B9
45
3 of 3
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-21-09
Montana Department of Commerce City of Bozeman
4. All other provisions of the Contract remain in full force and effect.
By: ________________________________________________________________
Cynthia Andrus, Mayor Date
City of Bozeman
ATTEST:
_______________________________________________________________
Mike Maas, Clerk Date
City of Bozeman
By: ________________________________________________________________
Adam Schafer, Deputy Director Date
Montana Department of Commerce
DocuSign Envelope ID: 34214072-7312-434C-B5B4-D32657E2A5B9
46
Contract Information Sheet
Division staff are required to complete the items in blue print.
Contract Number:MT-BSTF-1-21-09A Division:
Contractor's Name:City of Bozeman MOTBD
Contractor (Signee) Name:Cynthia Andrus
Contractor's Email:candrus@bozeman.net
Contractor's Address:PO Box 1230 Vendor Number:
Contractor's Address 2:Bozeman, MT 59771 23437
Contractor Liaison:Mike Maas
Contractor's Liaison Email:mmaas@bozeman.net Begin Date:
10/8/2020
End Date:
(Federal Funds Required)N/A 10/8/2022
Current Term Amount:250,000.00 Absolute End Date:
Total Contract Value:250,000.00 N/A
Organization Number:535301 Original Contract FY:
RFP Number (if applicable):N/A FY__22__
Program Number:51 Funding Source:
Contract Type:Grant State
(Standard, Sole Source, Exigency, Term Contract, Lease, MOU, PO, Grant)(State, Federal, Both, Other)
Contract Usage:As Needed
(As Needed, Fixed, No Cost)
Purpose of this contract:
Scope & duties of this contract:
Liaison:Kevann Campbell Program Manager:Annmarie Robinson
Liaison Email:K2Campbell@mt.gov Bureau Chief:Wayne Johnston
Liaison Phone:406 841 2792 Additional Email:arobinson3@mt.gov
Alexa Freeburg afreeburg@prosperamt.org
Brit Fontenot bfontenot@bozeman.net
Additional APO Email:Jmorand@mt.gov
Signatures:Carbon Copies:
Division Adminstrator Liaison:
Fiscal Review Director (> $200K):
Legal Counsel Deputy Director (<$25K):
Deputy Director Perceptive:
OBPP
BSTF Award contract extention of timeand additional funding for additional jobs to be created
Job Creation project
DocuSign Envelope ID: 34214072-7312-434C-B5B4-D32657E2A5B9
47
Certificate Of Completion
Envelope Id: 342140727312434CB5B4D32657E2A5B9 Status: Sent
Subject: Montana Department of Commerce Contract #MT-BSTF-1-21-09A for Signature
Source Envelope:
Document Pages: 4 Signatures: 0 Envelope Originator:
Certificate Pages: 6 Initials: 0 Contracts Admin
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
PO Box 200501
301 S. Park Ave
Helena, MT 596200501
doccontracts@esign.mt.gov
IP Address: 161.7.39.7
Record Tracking
Status: Original
11/1/2021 2:51:23 PM
Holder: Contracts Admin
doccontracts@esign.mt.gov
Location: DocuSign
Signer Events Signature Timestamp
Jennifer Pelej
jpelej@mt.gov
Division Administrator
Security Level: Email, Account Authentication
(None)
Sent: 11/1/2021 2:57:42 PM
Electronic Record and Signature Disclosure:
Accepted: 11/1/2021 2:18:52 PM
ID: 704d9350-3086-41c7-b920-875dc304a94b
Kelsey Smith
kelsey.smith@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/1/2021 2:22:21 PM
ID: f3756c2c-276f-435e-8b71-583d7660cabb
Jessica Osterloh
Jessica.osterloh@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/1/2021 2:45:59 PM
ID: 121b5dc1-7c2a-4a35-aaff-3d70da1fa090
Adam Schafer
aschafer@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/1/2021 1:04:29 PM
ID: 5a41f784-a2ba-4dc6-9ede-a3a9db88bdad
Amy Sassano
asassano@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/26/2021 12:42:24 PM
ID: 81a55515-e561-40bf-893d-5d111cf953bc
48
Signer Events Signature Timestamp
Cynthia Andrus
candrus@bozeman.net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/27/2021 1:41:09 PM
ID: 1025277c-558a-4b79-be0c-26149e5be8a1
Mike Maas
mmaas@bozeman.net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/19/2021 10:58:13 AM
ID: 496a2c1f-fd99-4f5d-a84e-e4885846be95
Adam Schafer
adam.schafer@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/27/2021 11:59:18 AM
ID: 09cca91a-be38-4512-81ab-da99ef434bfb
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Alexa Freeburg
afreeburg@prosperamt.org
Security Level: Email, Account Authentication
(None)
Sent: 11/1/2021 2:57:43 PM
Viewed: 11/1/2021 3:14:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annmarie Robinson
arobinson3@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 11/1/2021 2:57:43 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brit Fontenot
bfontenot@bozeman.net
Brit Fontenot, ED Dir.
Security Level: Email, Account Authentication
(None)
Sent: 11/1/2021 2:57:43 PM
Electronic Record and Signature Disclosure:
Accepted: 6/16/2015 8:35:10 AM
ID: 79fd0248-abf5-4575-a049-509ecf212ba1
49
Carbon Copy Events Status Timestamp
Jo Morand
jmorand@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 11/1/2021 2:57:43 PM
Electronic Record and Signature Disclosure:
Accepted: 10/29/2021 6:25:41 AM
ID: 50dd7e66-39c6-46a2-a8b3-14dc0e2e129c
Kev Campbell
k2campbell@mt.gov
Security Level: Email, Account Authentication
(None)
Sent: 11/1/2021 2:57:42 PM
Electronic Record and Signature Disclosure:
Accepted: 9/16/2021 11:43:26 AM
ID: e6c675ec-1986-4173-828a-04b374db3cbb
Cyndi Davis
CDavis3@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/29/2021 4:28:24 PM
ID: eb91b6de-dbbd-4c10-b99e-665bddc42f63
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/1/2021 2:57:44 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
50
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, MT Dept of Commerce (we, us or Company) may be required by law to
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
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the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM
Parties agreed to: Jennifer Pelej, Kelsey Smith, Jessica Osterloh, Adam Schafer, Amy Sassano, Cynthia Andrus, Mike Maas, Adam Schafer, Brit Fontenot, Jo Morand, Kev Campbell, Cyndi Davis
51
electronically from us.
How to contact MT Dept of Commerce:
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receive notices and disclosures electronically as follows:
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To request delivery from us of paper copies of the notices and disclosures previously provided
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state your e-mail, full name, US Postal Address, and telephone number. We do not need
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52
To confirm to us that you can access this information electronically, which will be similar to
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able to read this electronic disclosure and that you also were able to print on paper or
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53
Business Assistance Agreement with Management Plan 1 Government and Assisted Business
BUSINESS ASSISTANCE AGREEMENT
BETWEEN the City of Bozeman and XY Planning Network, LLC
BSTF Grant #: MT-BSTF-1-21-09A
A. PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box
1230, Bozeman, MT 59771-1230, (the “City”), and XY Planning Network, LLC – 24 E Main
Street, Bozeman, MT 59715, (the “Assisted Business”); Tax identification number 46-4697129.
B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $170,000
$250,000 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as
follows:
• Up to $156,400 $230,000 (or $4,600 per job) to assist with purchase of equipment and
wage reimbursement.
a. The Assisted Business has agreed to create 34 50 eligible net new jobs at the project
site located at Bozeman, Montana (the “Project Site”) in the Government’s jurisdictional
area within the Contract time period. An eligible net new job is defined as one that is
new to the company and has not been filled on or before October 8, 2020. Eligible new
job criteria are a full-time job, meaning a predominantly year-round position requiring
an average of 35 hours of work each week; and
b. Pays wages that meet or exceed $20.88 per hour, excluding benefits.
c. In addition, XY Planning Network, LLC has agreed to a total new investment at the
Project Site, which is equal to or greater than $1 for every $1 of BSTF financial
assistance received or up to $170,000 $250,000, within this Contract time period, to
satisfy the required match ratio for the grant.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties
hereto agree as follows:
1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities
as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF
application, including any written modifications resulting from the review of the application by the
Department for grant assistance, all of which, by this reference are made a part hereof. The
Government shall enter into this Assistance Agreement with the Assisted Business that shall be
approved in writing by the Department before the release of funds. The Government will only
release funds to reimburse eligible and documented costs. Management of the BSTF grant is
referenced in the attached Exhibit A of this Contract.
2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will
also submit Project Progress Reports quarterly to the Government and the Department until the
Assisted Business receives Contract closeout approval from the Government and Department.
The Project Progress Report must be provided on or before April 15, July 15, October 15 and
January 15 for each year of the Contract time period and at closeout of the Contract. The
Project Progress Reports shall include, but are not limited to, the following information:
• Certified employment documentation from the Assisted Business that includes the
breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job
Certification Form; and
54
Business Assistance Agreement with Management Plan 2 Government and Assisted Business
• Written Progress Report that should include the following items:
o detailing progress towards achieving the hiring objectives and project goals
that were described in the application with projected completion date;
o any difficulties encountered in working towards these goals;
o any changes within the assisted business structure, business name or
changes to its registration with the Montana Secretary of State’s office; and
o any other pertinent information.
In drawing against the reserved amount, the Assisted Business shall:
• Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet
and Certification as noted above;
• Provide documentation of eligible reimbursable costs/match-usually consultant
invoices; and
• Update the Invoice Tracking spreadsheet, with updates of latest invoices included.
3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted
Business under the Contract shall be up to $5,000 per eligible net new job created by the Assisted
Business, for documented costs with reimbursement not to exceed a total of $4,600 for the entire
Contract.
The City of Bozeman will not reimburse the Assisted Business for any costs incurred prior to
October 8, 2020, nor for any expenses not included in the approved budget or not clearly and
accurately supported by the Assisted Business’s records.
a) The City of Bozeman will authorize the Assisted Business to draw up to $156,400
$230,000 (total BSTF award, minus grant administration) against the funding reserved for
the Assisted Business by the Department. Unless otherwise authorized by the City of
Bozeman, the Assisted Business may receive grant funds periodically over the Contract
period only upon documenting the expenditure of the required matching funds and the
creation of the eligible net new jobs by the Assisted Business, and after incurring eligible
expenses.
b) If the City of Bozeman, determines that the Assisted Business has failed to satisfactorily
carry out the duties and responsibilities under the Contract, the City of Bozeman may
revoke the Assisted Business's ability to access additional funds until such time as the
Government and the Assisted Business agree on a plan to remedy the deficiency.
c) The City of Bozeman, may recapture funds and return funds to the Department if:
• At the end of the contract period the Department has overpaid based on the
number of net new jobs at the end of the contract period; or
• The Assisted Business ceases operations at the Project Site within the contract
period.
d) The City of Bozeman, reserves the right to withdraw a commitment for any BSTF funds
which remain un-disbursed at Contract closeout or at the end of the Contract period.
e) The Assisted Business certifies that no request for reimbursement submitted for eligible
expenses under this Contract shall duplicate any expense submitted to the Department for
reimbursement under any other program administered by the Department.
55
Business Assistance Agreement with Management Plan 3 Government and Assisted Business
4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing October
8, 2020 and will expire once the Montana Department of Commerce officially closes out the BSTF
grant award to the City of Bozeman.
With approval by the Department, the City of Bozeman, reserves the right to extend this Contract
based on, but not limited to, the Assisted Business’s performance of the contracted activities, and
the Assisted Business’s compliance with program requirements. This would include but not
limited to:
a) The Assisted Business has created the net new jobs paying the BSTF wage rate per the
original application; and
b) The submission of:
• a new Job Creation Report and executed Certification Form;
• A formal request from the City of Bozeman, that provides the Department with a
clear picture of the current business activities which clearly outlines why a contract
extension is being requested;
• A new hiring plan that covers the extension period; and
• Any additional information as requested by the Department in making their
determination of approval.
5. LIAISON: The contact person for the City of Bozeman, is Brit Fontenot, Director of
Economic Development (406) 582-2258, or successor, and Travis Gano, Director of
Operations (406) 413-9200 or successor for the Assisted Business and Heather Walstad,
Director of Finance, (406) 413-9200 or successor for the Assisted Business.
6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and
signing the Job Creation Certification for the Assisted Business is Travis Gano, Director of
Operations (406) 413-9200 travis.gano@xyplanningnetwork.com, or successor in the same
job role.
7. PROJECT MONITORING: The Department or any of its authorized agents may monitor and
inspect all phases and aspects of the Contractor’s performance to determine compliance with the
SCOPE OF WORK, the proper use of Program funds, and other technical and administrative
requirements of this Contract, including the adequacy of the Contractor’s records and accounts.
The Department will advise the Contractor of any specific areas of concern and provide the
Contractor opportunity to propose corrective actions acceptable to the Department.
Failure by the Contractor to proceed with reasonable promptness to take necessary corrective
actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the
Department may terminate this Contract in whole or in part or reduce the contract price or award
to reflect the reduced value of services received.
8. COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Assisted Business accepts
responsibility for supplying, and requiring all subcontractors to supply, the City of Bozeman with
proof of compliance with the Montana Workers’ Compensation Act while performing work for the
State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-71-417.) Neither the
Assisted Business nor its employees are employees of the Government. The proof of
56
Business Assistance Agreement with Management Plan 4 Government and Assisted Business
insurance/exemption must be in the form of workers’ compensation insurance, an independent
contractor exemption, or documentation of corporate officer status and must be received by the
Government within 10 working days of the execution of this Contract, and must be kept current
for the entire term of the contract.
CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 11
TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS FAILS TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
Coverage may be provided through a private carrier or through the State Compensation Insurance
Fund (406) 444-6500. An exemption can be requested through the Department of Labor and
Industry, Employment Relations Division (406) 444-1446. Corporate officers must provide
documentation of their exempt status.
9. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the
Assisted Business agrees to provide the Government, Montana Department of Commerce,
Legislative Auditor or their authorized agents, access to any records necessary to determine
contract compliance. The Assisted Business agrees to create and retain records supporting the
BSTF project activities for a period of three years after either the completion date of the Contract
or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State
of Montana or third party.
10. TERMINATION OF CONTRACT: This Contract may only be terminated in whole or in part
as follows:
a) Termination Due to Loss or Reduction of Funding. The Government, at its sole
discretion, may terminate or reduce the scope of this Contract if available funding sources
are eliminated or reduced for any reason. If a termination or modification is so required,
the Government may, if sufficient program funds are available, compensate the Assisted
Business for eligible services rendered and actual, necessary, and eligible expenses
incurred as of the revised termination date. The Government will notify the Assisted
Business of the effective date of the termination or modification of this Contract and, if a
reduction in funding is required, will provide the Assisted Business with a modified Project
budget.
b) Termination for Cause with Notice to Cure Requirement. The Government may
terminate this Contract for failure of the Assisted Business, its contractors, or
subcontractors to perform or comply with any of the services, duties, terms or conditions
contained in this Contract after giving the Assisted Business written notice of the stated
failure. The written notice will demand performance of the stated failure within a specified
period of time of not less than thirty (30) days. If the demanded performance is not
completed within the specified period, the termination is effective at the end of the specified
period.
c) Effect of Termination. In the event of termination due to the Assisted Business’s, its
contractors', or subcontractors' failure to perform or comply with any of the services, duties,
terms, or conditions of this Contract, any costs incurred will be the responsibility of the
Assisted Business. However, at its sole discretion, the Government may approve requests
by the Assisted Business for reimbursement of expenses incurred. The Government’s
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Business Assistance Agreement with Management Plan 5 Government and Assisted Business
decision to authorize payment of any costs incurred or to recover expended Program funds
will be based on a consideration of the extent to which the expenditure of those funds
represented a good faith effort of the Assisted Business to comply with the any of those
services, duties, terms, or conditions of this Contract, and on whether the failure to comply
with any of those services, duties, terms, or conditions resulted from circumstances beyond
the Assisted Business’s control.
11. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under
this Contract, fully comply with all applicable federal, state, local and tribal laws, rules and
regulations, including Executive Order No. 12-2015 Amending and Providing For Implementation
of the Montana Sage Grouse Conservation Strategy , the Montana Human Rights Act, the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of
1990, and Section 504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable
Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Assisted Business
subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207,
Executive Order No. 04-2016, the Assisted Business agrees that the hiring of persons to perform
the Contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to
childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic
information, sexual orientation, gender identity or expression, national origin, ancestry, age,
disability, military service or veteran status, or marital status.
The Affordable Care Act requires an Assisted Business, if the Assisted Business is an applicable
large employer under the ACA, to provide healthcare coverage for its employees, who provide
services for the State and work for 30 or more hours per week. This coverage must also cover
the eligible employee’s dependents under the age of 26. The coverage must (a) meet the
minimum essential coverage, minimum value, and affordability requirements of the employer
responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise satisfy the
requirements of the Code § 4980 H (ACA) if provided by the State.
12. NONDISCRIMINATION AND EQUAL PAY: The Assisted Business agrees that all hiring by
Assisted Business of persons performing this Agreement shall be on the basis of merit and
qualifications. The Assisted Business will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations, and
contracts. The Assisted Business 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 Assisted Business 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.
Assisted Business 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). Assisted Business must report to the City any violations of the Montana Equal Pay Act
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Business Assistance Agreement with Management Plan 6 Government and Assisted Business
that Assisted Business has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Assisted Business shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
13. INDEMNITY/WAIVER OF CLAIMS/INSURANCE: To the fullest extent permitted by law,
Assisted Business 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 Assisted Business; or
(ii) any negligent, reckless, or intentional misconduct of any of the Assisted Business’s agents.
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). Assisted Business’s
indemnity 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 Assisted Business
to assert its right to defense or indemnification under this Agreement or under the Assisted
Business’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 Assisted Business 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.
Assisted Business 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 award of funds under 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.
14. CONSENT TO ELECTRONIC SIGNATURES: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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Business Assistance Agreement with Management Plan 7 Government and Assisted Business
Travis Gano, Director of Operations Date
XY Planning Network, LLC
Heather Walstad, Director of Finance Date
XY Planning Network, LLC
Jeff Mihelich, City Manager Date
City of Bozeman
ATTEST:
______________________________ _____________________________
Mike Maas, City Clerk Legal Review
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Business Assistance Agreement with Management Plan 8 Government and Assisted Business
Exhibit A
MANAGEMENT PLAN
On October 8, 2020, the City of Bozeman was awarded a grant from the Big Sky Economic
Development Trust Fund (BSTF) Program to assist XY Planning Network, LLC. with purchases
of equipment and wage reimbursement and the creation of jobs in Montana. Prospera
Business Network (PBN) will be responsible for assisting with the administration of the BSTF
grant. This Management Plan is written to assure proper management of the BSTF grant, which
includes financial management of grant funds, compliance with state and federal requirements,
and the timely start-up and completion of project activities.
A. ADMINISTRATIVE STRUCTURE
1. City of Bozeman GOVERNMENT
The following persons will have lead responsibility for administering the Government’s BSTF grant
to facilitate an expansion of the Assisted Business:
a. Jeff Mihelich, City of Bozeman’s City Manager, will have responsibility for all
official contacts with the Montana Department of Commerce (Department). The City
of Bozeman Commissioners will have the ultimate authority and responsibility for
the implementation of the Government’s BSTF grant to facilitate an expansion of the
Assisted Business. The City of Bozeman Commissioners will approve and sign
administrative documents and approve all payment requests to the BSTF program.
The City of Bozeman Commissioners will approve all contracts and payment
requests. The telephone number for the Chief Elected Official is (406) 582-2383.
b. Greg Sullivan, City of Bozeman’s Attorney, will review any proposed contractual
agreements associated with the BSTF grant, advise the Commissioners regarding
the agreements, and provide any other legal guidance as requested. Telephone:
(406) 582-2309.
c. Aaron Funk, City of Bozeman, Controller, has been designated as the Fiscal
Officer and will be responsible for maintaining all financial records related to the
BSTF grant funds for the Government. Telephone: (406) 582-5335.
d. Mike Maas, City Clerk, will be responsible for maintaining all official records
related to the BSTF grant for the Government. Telephone: (406) 582-2321
e. Brit Fontenot, City of Bozeman, Director of Economic Development, has been
designated as the Project Manager and will be responsible for maintaining records
related to the management of the BSTF grant funds for the Government. This
contact will be the liaison between the EDO, the Commissioners and the
Government Attorney. Telephone: (406) 582-2258.
2. Prospera Business Network, ECONOMIC DEVELOPMENT ORGANIZATION (EDO)
The EDO will provide general technical assistance, coordination of funding sources, assurances
of compliance with all applicable state requirements for the BSTF grant program. The Government
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Business Assistance Agreement with Management Plan 9 Government and Assisted Business
has designated the EDO as its Administrator. The following EDO personnel will be responsible
for the project:
a. Paul Reichert, Executive Director, will be responsible for all official contacts with
the Government on behalf of the EDO. Telephone: (406) 587-3113.
b. Alexa Freeburg, Grants Manager, will serve as the EDO Administrator and will be
responsible for overall coordination of the BSTF grant awarded to the Government.
Telephone: (406) 587-3113.
3. XY Planning Network, LLC, ASSISTED BUSINESS
The following Assisted Business Officer will be responsible for the implementation of the project:
a. Travis Gano, Director of Operations, will serve as the Business Official for the Assisted
Business. This person will have responsibility for all official contacts with the
Government. Telephone: (406) 413-9200.
b. Travis Gano, Director of Operations, will serve as the Business Contact for the
Assisted Business and will be the liaison with the EDO and the BSTF Department Staff.
Telephone: (406) 413-9200.
B. PROJECT MANAGEMENT
1. Brit Fontenot, Director of Economic Development, will:
a. Work with the EDO Administrator and the Department in the timely execution of the
BSTF contract between the Government and the Department.
b. Work with the EDO Administrator and the Assisted Business in the development of
a Business Assistance Agreement.
c. Make appropriate recommendations and route all contract documents,
administrative documents, and payments as necessary.
d. Review all proposed expenditures of BSTF funds to ensure compliance with the
BSTF contract.
e. Review, approve, and submit the BSTF payment requests, after preparation by EDO
Administrator and approval by the City of Bozeman, to the BSTF Program,
Montana Department of Commerce, and ensure disbursement of funds.
f. Review and approve all BSTF closeout documents.
2. Prospera Business Network will serve as, EDO Administrator, responsible for the
following day to day project activities and will:
a. Assisting the Government and the Department in developing the Government
contract, along with all the required paperwork, with the Department that will address
all requirements related to effective project start-up and implementation.
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Business Assistance Agreement with Management Plan 10 Government and Assisted Business
b. Assisting the Government and the Assisted Business with the preparation of a
Business Assistance Agreement.
c. Establishing and maintaining complete and accurate project files and preparing all
documentation and reports incidental to administration of the project.
d. Assist the assisted business with the baseline and subsequent Job Creation Report
and Job Creation Certification.
e. Meet regularly with the Assisted Business to monitor the business’s compliance with
the requirements of the grant assistance agreement including implementation of the
project hiring or hiring/training plan.
f. Reviewing all proposed project expenditures or payment requests from the business
to ensure their propriety and proper allocation of expenditures to the BSTF project
budget.
g. In cooperation with the Project Manager, processing payment requests and
preparing payment requests for the Department, including the Request for Payment
Form and the Project Progress Report with each payment request and quarterly as
specified by the Department.
h. Assist the Government during the BSTF on-site monitoring visit which is conducted
to ensure compliance with the requirements of the BSTF contract.
i. Preparing all required performance reports and Project Closeout Certification for
submittal to the Department.
j. Closing the BSTF project in a timely fashion within the period of the contract
between the Department and the Government.
k. Attending City of Bozeman Commissioners meetings to provide project status
reports and representing the BSTF project at any other public meetings as deemed
necessary by the City.
l. It is understood and agreed that the EDO’s services within this Management Plan
does not include any of the following: the disbursement or accounting of funds
distributed by the Government’s financial officer, legal advice, fiscal audits or
assistance with activities not related to the BSTF project.
3. Travis Gano with XY Planning Network. LLC, will:
a. Will oversee the compliance with the proposed Hiring Plan as submitted in the BSTF
Application.
b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job
Creation Certifications and Progress Reports.
c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy
the matching funds requirement.
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Business Assistance Agreement with Management Plan 11 Government and Assisted Business
d. Maintain own project files.
e. Assist the Project Manager, EDO Administrator with monitoring of the project.
f. Will notify the Government Project Manager, EDO Administrator and Montana
Department of Commerce of any changes within its business structure, business
name or changes to its registration with the Montana Secretary of State’s office.
C. FINANCIAL MANAGEMENT
As designed in the BSTF contract, the total amount of the BSTF award will not exceed $170,000
$250,000.
1. Government – Awardee
The Fiscal Officer will be responsible for:
a. Depositing and recording the BSTF funds into the City of Bozeman’s existing
accounting system based on claims and supporting documents approved by the
Project Manager and City of Bozeman Commissioners.
b. Preparing checks/warrants for approved expenditures.
c. Disbursing funds in accordance with the Government’s established claim review
procedures.
d. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
e. The original financial documents (claims with all supporting documents attached) will
be retained in the Government’s offices.
2. Economic Development Organization - Administration Funds
a. Administrative payments will consist of reimbursement for $400 per eligible net new job
created by the Assisted Business
b. If an additional award is made for year two to the City of Bozeman, to assist XY Planning
Network, LLC, and for the creation of up to 16 jobs, that assistance reimbursement
would be for additional funds up to $80,000, with up to $6,400 for admin expenses and
up to an additional $73,600 to go to XY Planning Network, LLC.
3. Assisted Business - Project Funds
The Business Contact will be responsible for:
a. Supply invoices for reimbursement and match requirement and update the tracking
spreadsheet for completeness and accuracy.
b. Ensuring accurate deposit for each draw taken and recording the funds into the
Assisted Business’s existing accounting system.
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Business Assistance Agreement with Management Plan 12 Government and Assisted Business
c. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
d. The original financial documents (claims with all supporting documents attached) will
be retained in the Assisted Business’s office files for at least three years.
The Government’s application to the Department for BSTF funding, dated October 8, 2020, and
all applicable federal and state statutes and regulations are incorporated into this Agreement by
this reference.
This Management Plan will expire once the Montana Department of Commerce officially closes
out the BSTF grant award to the Government.
WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE
MANAGEMENT AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE
PROJECT:
GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER
Brit Fontenot Date Aaron Funk Date
Director of Economic Development Controller
City of Bozeman City of Bozeman
Prospera Business Network (EDO): BUSINESS CONTACT
Paul Reichert Date Travis Gano Date
Executive Director Director of Operations
Alexa Freeburg Date
Grants Manager
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Business Assistance Agreement with Management Plan 13 Government and Assisted Business
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the __th day of
November 2021.
Jeff Mihelich, City Manager Date
City of Bozeman
Travis Gano Date
XY Planning Network, LLC.
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Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Sewer
and Water Pipeline and Access Easement and Agreement, Utility Easement
with Bozeman COHO, LLC for the Bozeman CoHousing Site Plan (21096)
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign an Irrevocable Offer of Dedication, Sewer
and Water Pipeline and Access Easement and Agreement, Utility Easement
with Bozeman COHO, LLC for the Bozeman CoHousing Site Plan (21096).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Irrevocable Offer of Dedication
Sewer and Water Pipeline and Access Easement and
Agreement
Utility Easement
Report compiled on: November 22, 2021
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Memorandum
REPORT TO:City Commission
FROM:Mikaela Schultz, Engineer I
Lance Lehigh, Interim City Engineer
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign a Mutual Access Easement and
Agreement for Lot 4E and 4D and a Mutual Access Easement and Agreement
for Lot 4C and 4B and with Montana Land Project LLC for the Traditions
Subdivision Phase 1 (21322)
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Mutual Access Easement and
Agreement for Lot 4E and 4D and a Mutual Access Easement and Agreement
for Lot 4C and 4B and with Montana Land Project LLC for the Traditions
Subdivision Phase 1 (21322).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Mutual Access Easement and Agreement for Lot 4C and 4B
Mutual Access Easement and Agreement for Lot 4E and 4D
Report compiled on: November 16, 2021
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Memorandum
REPORT TO:City Commission
FROM:Mikaela Schultz, Engineer I
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign a Public Access Easement, Sewer and
Water Pipeline and Access Easement and Agreement, Utility Easement with
Fallon First, LLC for the Fallon Condo Site Plan (21175)
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Access Easement, Sewer and
Water Pipeline and Access Easement and Agreement, Utility Easement with
Fallon First, LLC for the Fallon Condo Site Plan (21175).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Access Easement
Sewer and Water Pipeline and Access Easement and
Agreement
Utility Easement
Report compiled on: November 24, 2021
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Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Scott Shirley, Interim Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Temporary Right-of-way Agreement
and Temporary Construction Permit Needed for the City to Install
Improvements to Story Mill Road - Parcel 1 (Canyon Gate Investors, LLC)
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Temporary Right-Of-Way Agreement
and Temporary Construction Permit needed for the City to install
improvements to Story Mill Road. - Parcel 1 (Canyon Gate Investors, LLC).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:By adopting the City of Bozeman Capital Improvement Plan the City
Commission has directed staff to install improvements to Story Mill Road. In
order to carry out that direction it is necessary to acquire Right-of-Way. The
attached documents, which have been executed by the property owners, are
the result of those efforts and are necessary to the completion of that
project.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Story Mill Temp ROW Agreement and Const Permit.pdf
Report compiled on: November 23, 2021
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Memorandum
REPORT TO:City Commission
FROM:Michael Veselik, Parking Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement for a
Term Contract with Walker Consultants for Parking Services Program and
Task Order #1
MEETING DATE:December 7, 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:The City of Bozeman Parking Services program released a request for
proposals (RFP) in October. The RFP sought responses related to a host of
services to support the Parking Program. After a review of the proposals and
a round of interviews, the selection committee chose Walker Consultants.
Walker is a firm with more than 50 years of experience in the parking
industry. The initial agreement is for a one-year term contract with the
option to extend for up to five years. The term contract model provides
Economic Development and Parking Services with increased flexibility and to
adjust workflow based on the needs of the Department. The first task order
is for Walker to provide revenue modeling for various on- and off-street
pricing scenarios. A revenue model is an important step for any city to take
when evaluating proposals to manage supply in a parking district. The model
can identify revenue generation, costs of the program, and provide options
for policymakers when making decisions. The model will be used to inform
the City Commission's work session on parking in January.
UNRESOLVED ISSUES:No Unresolved Issues
ALTERNATIVES:No Alternatives
FISCAL EFFECTS:For Task Order #1, the project is not to exceed $60,000.
Attachments:
PSA Agreement with Walker Consultants for a Term Contract
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for Parking Services Consulting.docx
Walker Consultants Task Order Number 1--Revenue
Modeling.docx
Report compiled on: November 24, 2021
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Professional Services Agreement for Term Contract for On-Call Services for the Parking Services Program
Page 1 of 14
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 7th day of December, 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, Walker Consultants, 10375 Park Meadows Drive, Suite 425,
Lone Tree, CO 80124, 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 31
st day of December, 2022, or on the completion of any written Task Order initiated
prior to December 31, 2022. The City reserves the right to extend the agreement on an annual basis
for up to five years.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the specific services and corresponding schedule as mutually agreed upon by City
and Contractor and included in each individual Task Order executed under the authority of this
Agreement. Task Orders shall be attached and made part of this Agreement. For conflicts between
this agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs. Exhibit A includes the Scope of Services that was included in the Request for Proposals.
4.Payment: The terms of compensation to Contractor shall be agreed upon and included
in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders.
Any alteration or deviation from the described services that involves additional costs above the
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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. Exhibit B includes the current rate sheet for Walker
Consultants.
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.
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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.
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 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.
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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
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
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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.
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
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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.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
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11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Mike Veselik, Economic Development Program Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Andrew Vidor, Director of Studies, or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
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The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
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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
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
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date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (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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Exhibit A: Scope of Services
Below is the section for the RFP outlining the request Scope of Services:
Qualified respondents will be required to perform and be responsible for the following services.
Qualified firms should be able to complete all services in-house with no sub-contractor engagement.
Therefore, for and in consideration of the promises, covenants, and agreements herein contained,
the parties mutually agree as follows:
The Contractor shall, in a satisfactory and proper manner as determined by the Economic
Development Program Manager perform all necessary services under this Agreement in connection
with the purpose of the project as outlined below.
A. Assist the Economic Development Program Manager and other city staff on questions and
issues related to parking and mobility system planning, operation, and management.
B. Assist the City with the development and implementation of a new active curb management
strategy for downtown, including development of goals, study & geographical selection,
revenue projections, rate studies, cost and feasibility analyses, program terms & language
development, outreach & program marketing, and implementation assistance.
C. Attend meetings with the general public and other key stakeholders as requested by the City.
D. Provide reports, written analyses, graphics, and/or comments regarding any aspect of City
transit and parking planning, operations, management, including, but not limited to:
a. Parking and Mobility Planning
i. Parking supply and demand
ii. Shared parking opportunities and analysis
iii. Parking and transportation master planning
iv. Comprehensive parking plans
v. Parking needs assessments
vi. Analysis of new equipment and technology
vii. Parking signage, guidance, and wayfinding
viii. Stakeholder and community engagement
ix. Financial experience with underwriting, operational, and financial audits
x. Financial experience crafting proformas and operating budgets
xi. Capital expenditure requirements
xii. Financial feasibility of a new facility or expansion of an existing facility
xiii. Parking facility operation and maintenance planning
xiv. Policy and procedure review and analysis
xv. Specification writing for new equipment or related services
xvi. Parking enforcement
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xvii. Transit planning
xviii. Transportation Demand Management
xix. “Town/Gown” parking and mobility planning
E. The City may require additional items or services of a similar nature, but not specifically
listed above. The Contractor agrees to provide such items or services and shall provide the
City prices on such additional items or services based upon a formula or method that is the
same or similar to that used in establishing the prices in the proposal. The City reserves the
right to services listed in the Scope of Services from other vendors at its sole discretion.
In addition, the contractor shall demonstrate direct experience working for municipalities and
universities, specifically in a medium-size City with high growth and a large university presence.
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Exhibit B: Rate Sheet for Walker Consultants
STANDARD BILLING RATES
City of Bozeman On-Call Services
Senior Vice President ...............................................................................................................................................$310.00
Vice President...........................................................................................................................................................$280.00
Principal/Director .....................................................................................................................................................$260.00
Senior Project Manager/Senior Consultant .............................................................................................................$250.00
Project Manager/Consultant....................................................................................................................................$215.00
Senior Engineer/Senior Architect ............................................................................................................................$210.00
Engineer/Architect ...................................................................................................................................................$185.00
Analyst/Planner/Specialist .......................................................................................................................................$175.00
Assistant Project Manager/Assistant Consultant .....................................................................................................$175.00
Designer....................................................................................................................................................................$175.00
Senior Technician .....................................................................................................................................................$160.00
Technician.................................................................................................................................................................$145.00
Senior Administrative Assistant/Business Manager.................................................................................................$120.00
Administrative Assistant ..........................................................................................................................................$100.00
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City of Bozeman Term Contract
with Walker Consultants.
Task Order Number 1: Revenue Modeling for Downtown Parking
PROJECT:Demand Management in the Downtown Parking Management District
Issued under the authority of the City of Bozeman Professional Services Agreement
Term Contract with Walker Consultants to support the Parking Services Program
This Task Order is dated [] between the City of Bozeman Economic
Development Department and Walker Consultants (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: Mike Veselik, Economic Development Program Manager
Contractor: Andrew Vidor, Director of Studies, Walker Consultants
SCOPE OF WORK:The scope for this task order is to model revenue scenarios for
downtown parking management strategies. The models should include revenue
generation under various rate scenarios for paid on-street parking, paid parking in the
surface lots, and rates for paid parking in the garage. Additionally, models should
include the costs associated with enforcing and managing new demand management
strategies in the downtown core. The revenue model should be completed to inform the
City Commission’s conversation about parking supply and demand management during
their January 25th work session. Additional revisions of the model may occur after the
Commission meeting.
COMPENSATION:Walker Consultants will prepare a budget for the project based on
their rate sheet in the professional services agreement. The work for this task order is
not to exceed a cost of $60,000.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Walker Consultants
Jeff Mihelich Andrew Vidor
City Manager Director of Studies
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Memorandum
REPORT TO:City Commission
FROM:
Luke Kline, Parks and Recreation Contracts Coordinator Mitch Overton, Parks
and Recreation Department Director Chuck Winn, Assistant City Manager
SUBJECT:
Authorize the City Manager to Sign a Professional Services Agreement with
K2 Ventures Inc. to Provide Snow Removal Services for the City of Bozeman
Parks and Trails District
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
K2 Ventures Inc. to Provide Snow Removal Services for the City of Bozeman
Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:
The City of Bozeman Parks and Recreation Department conducted a request
for proposals process to solicit and acquire professional snow removal
services required maintain parks grounds and landscape areas in the newly
established City of Bozeman Parks and Trails Special District. On October 7,
2021 the City received three proposal responses submitted by qualified
vendors to provide the Snow Removal Services. After careful evaluation of
the proposal criteria and required scope of services requested, K2 Ventures
Inc. was determined to be a qualified, responsive and responsible vendor.
K2 Ventures Inc. has been providing commercial snow removal services in
the Bozeman area for over 20 years and has previously completed services
for City of Bozeman and Bozeman Public Schools. The selected contractor K2
Ventures Inc. will complete the services as defined the attached Professional
Services Agreement and described there in as Exhibit A: Scope of Services
P&TD Snow Removal Services and Exhibit B: P&TD Snow Removal Services K2
Ventures Inc.
UNRESOLVED ISSUES:
None.
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ALTERNATIVES:
As suggested by the City Commission.
FISCAL EFFECTS:
Funding is currently allocated for this work within the FY21 and FY22
approved budget for the Parks and Trails District Maintenance Fund of the
Parks and Recreation Department.
Attachments:
PSA P&TD Snow Removal Services K2 Ventures Inc.
(Contract).pdf
Report compiled on: November 15, 2021
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Professional Services Agreement for K2 Ventures Inc.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of December, 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, K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade,
MT 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: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services in Exhibit A. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified and attached hereto as
Exhibit B. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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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.
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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
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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 [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.
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In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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
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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
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
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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 Luke Kline, Contracts 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 Justin Kuntz 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
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designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
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
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the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
143
I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
144
The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
145
1.An executive summary not exceeding two pages which summarizes key points of the
proposal and which is signed by an officer of the firm who is responsible for committing
the firm’s resources.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is
the sole responsibility of the proposing party to ensure that proposals are received prior to the
closing time as late submittals will not be accepted and will be returned unopened. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
146
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI.AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2 PM MST on September 30th, 2021.
VII.CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
VIII.SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
•[10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
147
X.FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix B.
XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B.The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C.The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D.The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E.The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F.This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
Exhibit A
148
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H.Projects under any contract are subject to the availability of funds.
XII.NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that 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,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm 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.
XIII.MISCELLANEOUS
A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C.Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
Exhibit A
149
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E.Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F.Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV.ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Exhibit A
150
K2 Ventures INC
Exhibit B
151
Profile
Name
K2 Ventures INC
EIN:85-3254226
Address and Location
2545 Spain Bridge road,
Belgrade, Mt, 59714
Contact Persons
Justin Kuntz
President
(406) 539-0838
K2venturesmt@gmail.com
Daniel Kappes
Vice President
(406) 595-4779
K2venturesmt@gmail.com
Experience and Expertise
K2 Ventures has 20+ years experience providing snow plowing services to the bozeman
area. Using our past experience we have made our company a “one stop shop” for
snow removal needs using the following equipment and employees:
● 14 Employees
● 10 Trucks with plows
● Two skid steers with plows
● One loader with plow
● Two, four wheelers with plows
● Sand/salt truck
● Liquid Magnesium Chloride Truck
Exhibit B
152
Pricing
● Hand shoveling- $65/ Hour
○ Any work that involves a single person and a snow shovel.
● Four wheeler with Plow- $120/hour
○ 2021 Polaris 850 with Boss hydraulic plows.
● Skid steer with plow- $180/ hour
○ Either a bobcat 650 or 570 with a bucket or Kage plow
● Skid steer with Snow blower- $210/ Per hour
○ Either a bobcat 650 or 570 with bobcat snow blower
● Mini skid steer with Bucket- $165/ Hour
● Mini excavator- $155/ hour
○ Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice.
● Magnesium Chloride Granular salt- 4.5/ pound applied
● Liquid magnesium chloride- $3.75/ Gallon Applied
● Sanding- $65/per hour and $.05 per pound of sand
Pricing
Price list for the equipment Class II & III Trail Maintenance. Specialized attachments for the
equipment will be billed out at an additional fee if necessary. (Additional materials to complete
work purchased separate at itemized as price per. ton / price per cubic yard / or other)
153
References
Bozeman Public Schools
Snow removal
Mathew Stark
406-522-4879
Bozeman Code Compliance
Sidewalk snow Removal
Ken Philips
UPS
Ron Proffit
406-871-2500
US Post office
Carrie Brekke
Carrie.L.Brekke@usps.gov
Saddle Peak Property Management
Lindsay Freitas
406-599-2613
lindsay@saddlepeakproperties.com
Exhibit B
154
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
I ,,/ .. ""
/� 'Z l),:,;1,-tv[<>�) /z N c-(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, fl./ I )triJ.;'-(·'l 5, , ·t:..c/ (name of entity submitting) hereby affirms it will abide by the Equal Pa/Kc:t 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://wayback.arch ive-it.org/ 499/20210701223409/https:/ eg ualpay.mt.gov /, or equivalent "best practices publication and has read the material.
Exhibit B
155
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Scott Shirley, Director or Public Works
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional
Services Agreement with Sanderson Stewart to Provide Pre-Design Services
for the Fowler Connection (Huffine to Oak) Project
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement with Sanderson Stewart to Provide Pre-Design Services
for the Fowler Connection (Huffine to Oak) Project
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Fowler Avenue Connection project is a major transportation project that
will connect Huffine Lane to Oak Street and Davis Lane completing a critical
north-south connection in Bozeman’s transportation network and making
much needed improvements to several intersections. Sanderson Stewart has
a contract for pre-design services for this project. The initial scope of the
project was limited to the north side of Huffine Lane. During the pre-design
process it was identified that improvements to the intersection of Fowler
Avenue and Huffine Lane will likely require work on the south side of Huffine
Lane to ensure that the intersection meets the city's level of service
requirements. Amendment 1 adds the additional work required to gather
survey, geotechnical, and wetland data needed for the design on the south
side of Huffine Lane. The scope of work is attached. Staff recommends
approval of this change order as it will be most cost effective to collect this
data now while the survey, geotechnical, and wetland work for the
remainder of the project is being completed.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:Fees for this will be paid from the Street Impact Fee Fund Project Number
SIF076, and total costs of Amendment 1 will be $14,020.79.
156
Attachments:
20211207_Fowler Ave_Amendment 1 _scope of work.pdf
20211207_Fowler Ave_Amendment 1.pdf
Report compiled on: November 12, 2021
157
Exhibit A
Fowler Avenue Connection – Huffine Lane to Oak Street
Amendment No. 1 Scope of Work – Widening of Fowler Avenue South of Huffine Lane
11/10/21
Sanderson Stewart is pleased to provide this Scope of Work to add the widening of Fowler Avenue, south of
Huffine Lane, to the Fowler Avenue Connection project. MDT completed a Protected Left-Turn Phase Study
on August 5, 2019. The findings of that study indicated there were significant queue lengths on Fowler Avenue
for northbound left turns that cause lane starvation for the through movement. Therefore, the City of Bozeman
Engineering Division has requested that an additional dual left turn lane on Fowler Avenue be added to the
pre-design services. The original Scope of Work for this project will cover the analysis and conceptual design
of the additional left-turn lane. However, an amendment is needed for the additional survey, geotechnical
analysis, and wetland delineation on the south side of Huffine.
Project Scope:
Phase 1 – Topographic Survey
This phase will include project management and a survey of the additional area from Huffine Lane to
Technology Boulevard into the Fowler Avenue Connection project. Additional topographic survey, measure
downs, right of way research, Lidar scanning, and data processing will be needed.
Phase 2 – Geotechnical Analysis
This phase will include one additional soil boring near the southwest corner of Huffine Lane and Fowler Ave.
This work will include one additional 20-foot penetration test boring and laboratory tests including moisture
content, classification, consolidation, and/or corrosion tests. See the attached Scope of Work from SK
Geotechnical for additional information.
Phase 3 – Environmental Surveys
This phase will address the additional Scope of Work elements in the southwest corner of Huffine Lane and
Fowler Avenue going south to Technology Boulevard. Based on preliminary research, this area contains the
West Gallatin Canal and known wetlands, which increases the field and reporting effort for delineating the
wetlands. This will also likely have permitting implications depending on potential impacts. See the attached
Scope of Work from Weston Solutions for additional information.
158
Fowler Avenue Connection - Pre-Design
Amendment 1
11/10/2021
Labor
Category
Total Plan
Hours
Total Plan
Bill Amt
Phase: Topographic Survey
Task: Project Management
Principal 2.00 440.00$
Senior Engineer I 2.00 330.00$
Associate/Sr Principal Land Surveyor 4.00 640.00$
Task: Survey & Scanning Control
Staff Surveyor II 6.00 660.00$
Associate/Sr Principal Land Surveyor 1.00 160.00$
Task: Topographic Survey, ROW & Measure Downs
Staff Surveyor II 16.00 1,760.00$
Task: Lidar Scanning
Staff Surveyor II 5.00 550.00$
Task: Scan Registry
Staff Surveyor II 2.00 220.00$
License Fee 700.00$
Task: Data Processing
Associate/Sr Designer II 12.00 1,440.00$
Task: Travel
Staff Surveyor II 4.00 440.00$
Total for Topographic Survey 54.00 7,340.00$
Phase: Geotechnical Analysis
SK Goetechnical 2,500.00$
Total for Geotechnical Analysis 2,500.00$
Phase: Environmental Surveys
Weston Solutions 4,180.79$
Total for Environmental Surveys 4,180.79$
Total for Fowler Avenue Amendment 1 14,020.79$
Page 1 of 1
159
October 19, 2021 Proposal P-20111-S1
Ms. Danielle Scharf, PE
Sanderson Stewart
Via Email: dscharf@sandersonstewart.com
Dear Danielle:
Re: Supplemental Request No. 1, Additional Boring near SW Corner of Huffine Lane and Fowler
Avenue, Proposed Fowler Avenue Connection, Main Street to Oak Street, Bozeman, Montana
As you requested, we are providing this supplemental request to complete an additional soil boring near
the southwest corner of Huffine Lane and Fowler Avenue where widening of the south leg of the
intersection is planned to provide a center turn lane. This will be completed in accordance with this letter
and our agreement with you dated August 31, 2021.
Scope of Additional Services
As requested, we will complete one additional soil boring near the southwest corner of Huffine Lane and
Fowler Avenue. Prior to mobilizing, our field engineer will stake the planned boring location and call for
utility locates. During our same mobilization for the original borings, we propose to complete one 20-
foot penetration test boring. The boring will be extended to the proposed depth, or auger refusal,
whichever is encountered first. The depth to groundwater will also be recorded.
The samples will be returned to our laboratory for additional laboratory testing. Potential laboratory tests
may consist of moisture content, classification, consolidation and/or corrosion. The results of the
additional boring and laboratory tests will be incorporated into our geotechnical report.
Cost of Services
We will furnish the additional services for a lump sum of $2,500. This will raise our contract amount
from $29,750 to $32,250. If this is acceptable, please provide a supplement to our existing agreement.
General
We appreciate the opportunity to provide these services. If you have any questions, please contact us at
your convenience.
Sincerely,
Cory G. Rice, PE
Senior Engineer
2511 Holman Avenue
P. O. Box 80190
Billings, Montana 59108-0190 p: 406.652.3930; f: 406.652.3944
www.skgeotechnical.com
160
Weston Solutions, Inc. 805 N. Last Chance Gulch Helena, MT 59601 406-646-2401 www.westonsolutions.com
October 25, 2021
Danielle Scharf, P.E. Sanderson Stewart 106 E. Babcock Bozeman, MT 59715 Project No.: 15572.012.001 Re: City of Bozeman Fowler Avenue Connection from Main Street to Oak Street Resource Review, Wetland Delineation and Mitigation Alternatives Contract Modification Request – MOD01 Dear Danielle: Weston Solutions, Inc. (WESTON) is providing this contract modification request to address additional scope work elements that have been requested by city of Bozeman for the Fowler Avenue Connection from Main Street to Oak Street project in Bozeman, Montana. This scope of services covers additional analyses and effort required to complete the Baseline Environmental Surveys and Final Environmental Permits. Field work is anticipated for this additional effort. The proposed modifications are as follows: Baseline Environmental Reviews and Final Environmental Permits
WESTON’s original assumption was to perform the baseline environmental reviews and final environmental permits for Fowler Avenue, from north of the intersection of Main Street through Oak Street. The city of Bozeman requested an additional parcel of property located at the southwest quadrant
of Huffine Lane and Fowler Avenue intersection, to extend to the Intersection of Fowler Avenue and Technology Way. Based on preliminary research of information sources (e.g., historical irrigation survey maps, city of Bozeman’s GIS portal, and Montana State Library’s Digital Atlas), this additional area
contains the West Gallatin Canal and known wetlands, which increases the field and reporting effort for delineating the wetlands. This will also likely have permitting implications depending on potential impacts. Rights-of-entry were unable to be obtained for all private identified properties for the first mobilization of the wetland survey. WESTON is proposing to add an additional field mobilization to complete the
wetland survey for the additional project area and to capture those properties that are awaiting approved rights-of-entry. Additional budget is requested to account for the additional field mobilization. WESTON assumes the following to complete these assessments:
• Upon authorization, Sanderson Stewart will provide WESTON survey area boundaries that accurately depict the survey area including project area access. Sanderson Stewart will provide written rights-of-entry for identified properties.
• WESTON will have safe and timely access to the survey property. WESTON will only survey areas with explicit permission for WESTON access.
As detailed in the attached cost estimate, the total cost for this proposed MOD01 effort is $4,180.79. Please don’t hesitate to contact me if you have any questions or would like to discuss this scope of services in detail. We look forward to continuing our work with you on this project.
161
2
Very truly yours,
Weston Solutions, Inc.
Mindy McCarthy Project Manager Enclosure cc: Mark Bell, P.G. Katie Mittmann
162
Hours % of total Rate Extension
2 7%38.08 76.16
GIS Analyst-Beckley 2 7%30.17 60.34
Wetland Specialist - Mittmann 23 79%39.00 897.00
2 7%37.51 75.02
0 0%23.32 0.00
0 0%48.05 0.00
29
LABOR SUBTOTAL $1,108.52
1.537 OVERHEAD SUBTOTAL $1,703.80
$2,812.32
Lump Sum 0.00
Hours 0 Per Hour 0.00
Title commitments Parcels 0 Per Parcel 0.00
Vehicle Rental Days 1 Per Day $60 60.00
Miles 0 Per Mile $0.575 0.00
Gasoline 1 Per Trip $60 60.00
Days 1 Per Day $225 225.00
Days 1 Per Day $61 61.00
Days (First/Last Travel Day)Per Day $46 0.00
Per Trip $150 0.00
1 Per Day $105 105.00
Roundtrip 1 Per Trip $500 500.00
Days 1 Per Day $20 20
$1,031.00
R/W Appraisals, Negotiation & Acquisition
Soils/Geotechnical Survey/Report/Testing
Cultural Resource Studies/Report
Noise Study
Traffic Study/Report
Biological Resources Studies/Report
Surveys
Subsurface Utility Engineering (Phase lI)
Hazardous Materials (Initial Site Assessment) Landscaping PlansElectrical/Lighting Signalization etcAerial Photography/MappingOtherDrilling Contractor
$0.00
Total Labor/ Overhead 2,812.32Total Direct NonLabor 1,031.00Total Outside Services & Subcontracts 0.00Profit (12% of Total Labor Costs)337.48
$4,180.79
TOTAL DIRECT NONLABOR
TOTAL OUTSIDE SERVICES AND SUBCONTRACTS
TOTAL ESTIMATED COST
PROJECT: Fowler Avenue Connection from Main Street
to Oak Street - MOD01
Estimate Prepared By: Weston Solutions, Inc.
10/21/2021
OUTSIDE SERVICES AND SUBCONTRACTS
COST SUMMARY
Field Supplies ( flags, etc.)
GPS Unit
GENERAL OVERHEAD @
Computer
Mileage
Lodging
Meals
DIRECT NONLABOR
Miscellaneous (Blueline prints,
Meals
RECAPITULATION
TOTAL HOURS
Project Manager - McCarthy
Financial Analyst - Lewis
Project Scientist - Towarnicki
QA/QC Review - Thunstrom
Airport Parking
Airfare
TOTAL LABOR/OVERHEAD
163
Tasks Total Hours
Project
Manager GIS Analyst
Wetland
Specialist
Project
Scientist
QAQC
Reviewer
Financial
Analyst
Field Review, wetland assessment 20 20
GIS Wetland Maps 2 2
Mitigation Alternative Research 1 1
Draft Report 0
Final Report 0
QA/QC of Deliverables 0
SUBTOTAL (HOURS)23 0 2 21 0 0 0
Prepare Joint Application for CWA404 2 2
QA/QC of Deliverables 0
SUBTOTAL (HOURS)2 0 0 2 0 0 0
Contract Administration
Contract Execution 2 1 1
Invoicing 2 1 1
Project Management 0 0
SUBTOTAL (HOURS)4 2 0 0 0 0 2
TOTAL SURVEY PHASE HOURS 29 2 2 23 0 0 2
Final Environmental Matters and Permits
Estimate Prepared By: Weston Solutions, Inc.10/21/2021PROJECT: Fowler Avenue Connection from Main Street to
Oak Street - MOD01
Biological Resources and Initial Environmental Asessment
Revised 10/10/14 Page 1 of 2
164
First Amendment to Professional Services Agreement for the Fowler Ave Connection Project
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
THE Fowler Avenue Connection – Huffine Lane to Oak Street Project dated August 17, 2021
(the “Agreement”) is made and entered into this 7th day of December, 2021, by and between the
CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as
“City,” Sanderson Stewart, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Scope of services, rate schedules, and budget for design services are outlined in
Attachment “Exhibit A - Scope of Work.”
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
165
First Amendment to Professional Services Agreement for the Fowler Ave Connection Project
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Danielle Scharf, P.E.
Title: Principal
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
166
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Scott Shirley, Interim Director of Public Works
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional
Services Agreement with Maddaus Water Management Inc. for the 2020
Water Conservation Plan
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the First Amendment to the Professional
Services Agreement with Maddaus Water Management, Inc. for the 2020
Water Conservation Plan.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:On August 18, 2020, the City entered into a Professional Services Agreement
with Maddaus Water Management Inc. (MWM) for the development of the
2020 Water Conservation Plan (Plan). The Plan will provide the City with a
detailed benefit cost analysis for existing and future programs measures for
consideration, implementation guidance, and a program measure evaluation
tool to provide staff with the ability to track projected water savings
achievable through program measure implementation. Included in the suite
of future program measures for consideration are various code revisions
regarding landscape and irrigation performance and design standards
(standards).
The attached First Amendment to the Professional Services Agreement with
Maddaus Water Management Inc. for the 2020 Water Conservation Plan
includes additional work to support the City in revising current code
requirements as they pertain to landscape and irrigation in order to reduce
outdoor water use and extend the City’s current reliable supply of water.
Specifically, this work includes identifying the most cost effective and
practical suite of standards for implementation in Bozeman by further
examining benefit cost analyses of various landscape and irrigation code
revisions while also considering existing administrative processes regarding
new development. These standards are scheduled to be brought before the
City Commission for recommendation and discussion in January 2022. Based
on City Commission guidance, staff will then work with MWM to draft
ordinance language capturing recommended code changes, which will be
brought before the City Commission for consideration at a future date.
167
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Total costs for work outlined in Exhibit B is not to exceed $20,060.00 and will
be paid for out of the Water Conservation Division professional services
fund.
Attachments:
First Amendment_PSA_2020 WC Plan_Maddaus Water
Management.pdf
PSA_Exhibit B_Scope of Services_Code Revisions.pdf
Report compiled on: November 24, 2021
168
First Amendment to Professional Services Agreement – 2020 Water Conservation Plan
FY 2020 – FY 2021
Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
the 2020 Water Conservation Plan dated August 18, 2020 (the “Agreement”) is made and entered
into this _____ day of ____________, 2021 by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Maddaus
Water Management Inc., hereinafter referred to as “Consultant.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Scope of Services: Section 3 of the Agreement is amended to include work outlined in
Exhibit B: Scope of Work - Landscape and Irrigation Code Revisions, hereby attached to
this First Amendment.
2. Payment for Scope of Services: Section 4 of the Agreement is amended and replaced in
its entirety with the following:
City agrees to pay Consultant for the completion of Exhibit A: Scope of Services a lump
sum amount of $80,000.00, being equal to the Consultant’s Direct Labor Costs times a
factor of 3.4, which shall cover Direct Labor, the federally audited payroll Direct Labor
Overhead, General & Administrative Overhead, and Profit. The Consultant’s Direct Labor
Costs in $/hr for its employee classes and a detailed breakdown of personnel hours directly
assigned to each task of Exhibit A: Scope of Services is attached hereto as “Attachment 1”
and by this reference made a part hereof.
City agrees to pay Consultant for the completion of Exhibit B: Scope of Work – Landscape
and Irrigation Code Revisions on a time and materials basis not to exceed $20,060.00. The
Consultant’s Direct Labor Costs in $/hr for its employee classes and a detailed breakdown
of personnel hours directly assigned to each task of Exhibit B: Scope of Work – Landscape
and Irrigation Code Revisions is attached hereto as “Attachment 2” and by this reference
made a part hereof.
169
First Amendment to Professional Services Agreement – 2020 Water Conservation Plan
FY 2020 – FY 2021
Page 2 of 3
The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall
be on the basis of merit and qualifications. The Consultant will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas, sex,
age, marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an age,
physical or mental disability, marital status or sex distinction. The Consultant shall be subject to
and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States
Code, and all regulations promulgated thereunder.
Consultant represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay
Act). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subconsultants providing services
under this Agreement.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
170
First Amendment to Professional Services Agreement – 2020 Water Conservation Plan
FY 2020 – FY 2021
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA MADDAUS WATER MANAGEMENT, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Michelle Maddaus, President
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
171
EXHIBIT B – SCOPE OF WORK - Landscape and Irrigation Code Revisions
The proposed Scope of Work includes:
Task 1. Development of Ordinance Scenarios
Maddaus/Bozeman to facilitate drafting scenarios for future ordinance approaches focused on
outdoor water use. Collaborate with City Planning staff for adoption and application to begin with
the end in mind for a 1-hr call to understand the staff operations and administrative processes.
Maddaus to prepare cost-benefit DSS Model analysis on up to three Ordinance scenarios as new
added measures in the 2020 Water Conservation Plan project.
Maddaus to support Bozeman in preparation for staff presentation to the City Commission to be
held in January 2022, including providing example presentation materials. Bozeman will lead
development of the presentation materials and facilitate the City Commission presentation on the
City’s platform.
Task 2. Development of Selected Approach to Code Revisions
Maddaus/Bozeman to collaborate on developing model draft code revision language prepared by
MWM staff based on industry best practice, other municipalities, and identified City needs.
Collaborate with City Planning staff for 2-hr call to draft ordinance language approach based on
current administrative framework and City goals for the Unified Development Code.
Bozeman/Maddaus to develop updated Ordinance draft based on the City’s needs.
Bozeman to provide added assistance for legal review.
Task 3. On-call Technical Assistance to Finalize Ordinance Language
Maddaus/Bozeman to facilitate additional review calls of the draft Ordinance with City staff, legal
counsel and/or public stakeholders.
Maddaus to provide support, including example presentations, in development of stakeholder
presentations. Bozeman will lead development of any stakeholder presentation materials and
facilitate virtual meetings on the City’s platform.
Maddaus/Bozeman will support collecting stakeholder input on the draft Ordinance.
Bozeman/Maddaus to incorporate City staff, legal counsel, and stakeholder input to finalize the
Ordinance.
172
ATTACHMENT 2: Cost Proposal for EXHIBIT B – SCOPE OF WORK - Landscape and Irrigation
Code Revisions
MWM will support all three tasks listed in Exhibit B up to the allowable budget. Effort required to
complete above-listed tasks outlined in Exhibit B is presented in the table below. The estimated fee is up
to $20,060.00 budget, which will not be exceeded without written authorization by the City of Bozeman.
Task
Project
Manager
($275/hr)
Technical
Advisor
($280/hr)
Staff Engineer
($115/hr) Total
1. Prepare Ordinance Scenarios, Model
Measures, Coordination Calls and Board
Workshop
4 24 12 40
2. Ordinance draft development 4 10 8 22
3. Finalize draft Ordinance 4 16 4 24
Total Hours 12 50 24 86
173
Memorandum
REPORT TO:City Commission
FROM:Scott Shirley - Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign an Addendum 2 to the Professional
Services Agreement with The Nest Collective, LLC for Public Works
Department Public Relations Services
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Second Addendum to Professional Services Agreement with The Nest
Collective, LLC for Public Works Department Public Relations Services.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Public Works Department (PWD) requires professional services to
develop and implement communications strategies for public works projects
and initiatives. Timely and consistent public communications is critical to
inform city residents about capital construction projects (e.g., road and
utility construction), public works seasonal initiatives (e.g., leaf clean up,
snow removal), code enforcement issues (e.g., sidewalk snow removal, right
of way encroachments), and community wide infrastructure initiatives (e.g.,
water conservation, sidewalk replacement, oil and grease awareness) and
marketing for solid waste and recycling services. Effective public
communication increases citizen awareness of projects and initiatives and
provides citizens with the information they need to avoid construction
conflicts and road closures.
The PWD has been working with The Nest Collective since 2013. In
December of 2020, the City entered into a 1-year agreement with this firm
for public relations services. The agreement allows for up to two 1-year
extensions of the contract and because of the history The Nest Collective has
with the PWD, staff is recommending to extend the contract one year as
allowed in the original contract. This will be the second extension of this
contract. The terms of the contract will remain the same.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Approved FY22 Public Works Divisions’ budgets provide $302,000 in funding
for public relations services.
174
Attachments:
Second Addendum to Professional Services Agreement
Professional Services Agreement dated December 1, 2021
Report compiled on: November 19, 2021
175
Second Addendum to Professional Services Agreement for Public Works Department Public Relations Services
Page 1 of 2
SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is
made and entered into this _____ day of ____________, 2021, by and between the CITY OF
BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” The
Nest Collective, LLC, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated December 1, 2020 (the Agreement) is extended for an additional one
(one) year period. The Agreement shall terminate on December 1, 2023.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CONTRACTOR (The Nest Collective, LLC)
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Kendra Callantine
Title: Principal
176
Second Addendum to Professional Services Agreement for Public Works Department Public Relations Services
Page 2 of 2
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
177
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191
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Engineer III
Scott Shirley, Director of Public Works
SUBJECT:Authorize the City Manager to Sign an Amendment 2 to Task Order 12 with
Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the
Griffin Drive - 7th to Rouse Project
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an amendment 2 to Task Order 12 with
Sanderson Stewart for the purpose of right-of-way acquisition on the Griffin
Drive - 7th to Rouse Project
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Sanderson Stewart has completed the design of the Griffin Drive and Manley
Road Street and Stormwater Improvements project and construction has
been underway on the west end of the project. Right of way acquisition has
proved to be particularly challenging for certain parcels. Ongoing right of
way discussions associated with construction changes necessitated
additional effort from Sanderson Stewart that was not anticipated.
Additional properties on the east end of the project have also presented
challenges that were not anticipated and will require additional effort from
Sanderson Stewart. Amendment 2 provides for the additional scope of
services to finalize the right of way acquisition needed to complete the
construction in 2022.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The proposed fee for the scope of work outlined in these task orders is paid
on a time and materials basis with a not to exceed total cost. The not to
exceed amount for Amendment 2 is $23,922.00. The funds for this are
available from and will be drawn from SIF001, Right of Way Acquisition.
Attachments:
192
Amendment 2 - Task Order 12 Sanderson Stewart - Griffin
Drive ROW.pdf
Report compiled on: November 24, 2021
193
____
Initials
November 15, 2021
Mr. Taylor Lonsdale, PE
City of Bozeman
20 East Olive St.
Bozeman, MT 59715
Reference: City of Bozeman Land Agent Services
Project Scope of Services – Task Order No. #12, Amendment #2
West Griffin Drive – North 7th Avenue to North Rouse Avenue
Dear Mr. Lonsdale:
The following is a proposal for an amended Scope of Services for Sanderson Stewart to provide
certain services in connection with your project, which is generally described as follows:
Land agent services for street and utility improvements for the West Griffin Drive
corridor from North 7th Avenue to North Rouse Avenue, located in Bozeman,
Gallatin County, Montana. These services are to be performed as Amendment #2 to
the Scope of Services under the Professional Services Agreement for Streets and Land
Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services.
If this Amendment #2 to the scope of services is acceptable to you, please execute this agreement
where noted.
Overview
The project has been under construction during the 2021 season and is anticipated to be completed
in 2022. Acquisition services have been performed to acquire the necessary right-of-way (R/W) for
the project concurrently with construction, having focused on the west end of the project corridor
between North 7th Avenue and the railroad crossing. Project challenges related to R/W acquisition
discussions, adjacent development projects, construction changes, etc., required additional R/W
acquisition time to be spent negotiating with property owners. The project is intended to resume
construction in 2022 with additional R/W acquisition time required to finish acquiring the necessary
R/W for the project. Sanderson Stewart will continue to provide professional R/W acquisition
services to acquire new R/W for the project.
Scope of Services
Sanderson Stewart will provide the following services as part of its basic services:
TG
194
Mr. Taylor Lonsdale
November 15, 2021
Page 2
____
Initials
1. Project Research
Additional time for this task is not included in this Scope of Services.
2. Initial Property Owner Contact
Additional time for this task is not included in this Scope of Services.
3. R/W Mapping & Exhibits
Additional time for this task is not included in this Scope of Services.
4. Title Commitments
Additional time for this task is not included in this Scope of Services.
5. Appraisals and Valuations
This task includes the preparation of valuation documents to value the property rights to be
acquired. Subtasks under Item 5 include the following:
· A full appraisal narrative was started for Parcel 34 (northwest corner of Griffin Dr
and N Rouse Ave) prior to construction activities beginning the summer of 2021.
Additional design changes for Rouse Avenue necessitated the appraisal and
acquisition process for Parcel 34 to be postponed until design changes are
completed. The appraisal will require modification based on the new R/W
acquisition areas.
· Team coordination
· QA/QC of waiver valuations
6. Prepare Contracts
Additional time for this task is not included in this Scope of Services.
7. Acquisitions
This task includes conducting the acquisition meetings with affected property owners and
modifying the initial offer packages based on owner/client meetings. Subtasks under Item 7
include the following:
· Conduct additional acquisition meetings with remaining parcels requiring R/W
acquisition (minimum of 3 meetings per parcel).
TG
195
Mr. Taylor Lonsdale
November 15, 2021
Page 3
____
Initials
· Acquisition meetings were previously scoped for Parcels 20, 23, 25, 26-28, 30, 32-34,
and 36, however, additional time is required to include addressing permanent
easements, valuation, project impacts, and closings.
· Prepare final acquisition documents for remaining affected parcels.
· Prepare final acquisition costs for all affected parcels.
· QA/QC of documents.
8. R/W and Design Plan Updates
This task includes updating the right-of-way acquisition exhibits and documents based on
design changes, if required.
9. Relocation Services
Additional time for this task is not included in this Scope of Services.
10. Title Clearing and Closing
Additional time for this task is not included in this Scope of Services.
11. Final Submittal and Closeout
Additional time for this task is not included in this Scope of Services.
12. Contingency
The Scope of Services for this project includes all the necessary steps to acquire property
interests from private owners. A majority of the acquisition process relies on good
cooperation and timely responses from all parties involved in the process. Due to the
nature of coordination activities, the amount of time required to work with individual
property owners varies significantly. This task serves to capture the potential additional
costs incurred during the acquisition process due to challenging coordination activities with
property owners.
13. Project Administration
This task includes activities to manage the project requirements, deliverables, and tasks.
Subtasks under Item 13 include the following:
· Project status updates
· Budget and schedule monitoring and planning
· Invoicing and billing
TG
196
Mr. Taylor Lonsdale
November 15, 2021
Page 4
____
Initials
The following items are not included in the Scope of Services or project budget for this project and
are therefore specifically excluded from this Scope of Services:
· Engineering or right-of-way design services
· Eminent domain proceedings, expert witness testimony, costs, or other services necessary
for legal proceedings
· Additional costs related to the actual purchase price of property interests as detailed in R/W
acquisition agreements
· Relocation costs paid to property owners as detailed in R/W acquisition agreements
If needed, these items will be added as a separate task order or contract amendment.
Services not set forth above as basic services are specifically excluded from the scope of Sanderson
Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not
specifically listed as basic services.
Additional services are not included in the basic services. If the Client and Sanderson Stewart agree
in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as
requested by the Client.
Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to
provide, without advance authorization from the Client, other services made necessary by the default
of the contractor or the Client, or by deficiencies, delays, or defects in the work provided by the
contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon
as reasonably possible.
Project Schedule
Once Sanderson Stewart receives the Client’s authorization to proceed, Sanderson Stewart will
immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W
acquisition activities in as short amount of time as necessary prior to commencing construction in
the spring of 2022.
The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control
may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement.
Sanderson Stewart will perform these services with reasonable diligence and expediency consistent
with sound professional practices.
TG
197
Mr. Taylor Lonsdale
November 15, 2021
Page 5
____
Initials
Fees and Billing Arrangements
Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a
total project cost not to exceed $130,481.00. Sanderson Stewart will begin work once this agreement
has been executed by both parties.
Right-of-Way Acquisition – Amendment #2
1. Project Research $0.00
2. Initial Property Owner Contact $0.00
3. R/W Mapping & Exhibits $0.00
4. Title Commitments $0.00
5. Appraisals and Valuations $1,970.00
6. Prepare Contracts $0.00
7. Acquisitions $16,382.00
8. R/W and Design Plan Updates $1,200.00
9. Relocation Services $0.00
10. Title Clearing and Closing $0.00
11. Final Submittal and Closeout $0.00
12. Contingency $3,280.00
13. Project Administration $1,090.00
Subtotal for Amendment #2 $23,922.00
Current Contract Amount (including amendments) $106,559.00
Total Project Cost $130,481.00
Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar
month. Monthly invoices shall include, separately listed, any charges for services for which time
charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges
for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be
submitted by Sanderson Stewart as soon as possible after the end of the month in which the work
was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that
the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless
the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson
Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for
additional backup.
TG
198
Mr. Taylor Lonsdale
November 15, 2021
Page 6
____
Initials
Conclusion
Mr. Lonsdale, we look forward to continuing to work with you on this project. Feel free to call me
at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your
approval, simply mail or email this signed and dated agreement to our office at 106 E Babcock, Suite
L1, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you.
Sincerely,
Tony Gaddo, PE, REALTOR®
Senior Engineer | Right of Way Specialist
This Amendment #2 to Task Order #12 is dated ________________, 20___ between __City of
Bozeman, Montana__ (City) and __Sanderson Stewart__ (Contractor).
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first
above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART
By: By:
Print Name: Print Name:
Print Title: Print Title:
Date: Date:
TG
Tony Gaddo
Project Manager
11/15/2021
199
Memorandum
REPORT TO:City Commission
FROM:Jennifer A. Giuttari, Assistant City Attorney
Greg Sullivan, City Attorney
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Resolution 5360 Clarifying the Member Appointments to the Transportation
and Community Development Citizen Advisory Board
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I move to adopt Resolution 5360 which clarifies the member appointments
to the Transportation and Community Development Citizen Advisory Board.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On November 16, 2021, the City Commission appointed Citizen Advisory
board members to the Transportation Board, Sustainability Board, Urban
Parks and Forestry Board, Economic Vitality Board, and Community
Development Board. Of these five boards, the Transportation and
Community Development Boards must also adhere to the statutory
requirements set forth in the Montana Code Annotated. Resolution 5360
clarifies that the Transportation Board members will serve as the City's
appointees to the Parking Commission, and the members of the Community
Development Board will serve as the City's appointees to the Planning
Board, Zoning Commission, and Impact Fee Advisory Committee.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Attachments:
Res. 5360 .pdf
Report compiled on: November 23, 2021
200
Version April 2020
Resolution 5360
Page 1 of 3
RESOLUTION 5360
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CLARIFYING THE MEMBER
APPOINTMENTS TO THE TRANSPORTATION AND COMMUNITY
DEVELOPMENT CITIZEN ADVISORY BOARDS.
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement adopted in
Resolution 4852, encourages the City of Bozeman to “[b]roaden and deepen engagement of the
community in city government, innovating methods for inviting input from the community and
stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively
advise the City and engage the public”; and
WHEREAS, following the preparation and presentation of the staff Memorandum and
Proposed Plan for board restructuring, public engagement, and a public work session, on June 22,
2021 the City Commission confirmed direction for City Staff to move forward with restructuring
the City’s advisory boards; and
WHEREAS, on August 10, 2021, the City Commission voted to provisionally adopt
Ordinance 2085, to adopt accompanying Resolutions 5326, 5327, 5328, 5329, and 5330, effective
on December 1, 2021, approving and establishing the Transportation Board, the Sustainability
Board, the Urban Parks and Forestry Board, the Economic Vitality Board, and the Community
Development Board; and
WHEREAS, on August 24, 2021, the City Commission voted to finally adopt Ordinance
2085; and
WHEREAS, on November 16, 2021, the City Commission appointed Citizen Advisory
board members, and concurrently delineated specific roles and terms for each member.
201
Version April 2020
Resolution 5360
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
SECTION 1: CLARIFYING THE DUTIES AND POWERS
OF THE TRANSPORTATION BOARD
As set forth in Resolution 5326, the Transportation Board will have all the powers and duties
authorized for a parking commission as provided for by Montana Code Annotated § 7-14-4603
(2021). The members of the Transportation Board will serve as the appointees of the City of
Bozeman’s Parking Commission.
SECTION 2: CLARIFYING THE DUTIES AND POWERS
OF THE COMMUNITY DEVELOPMENT BOARD
As set forth in Resolution 5330, the Community Development Board will have all the powers
and duties authorized for a city planning board, a city zoning commission, and an impact fee
advisory committee. The Community Development Board members will serve as the appointees
for the City of Bozeman’s Planning Board, Zoning Commission, and Impact Fee Advisory
Committee.
SECTION 3: EFFECTIVE DATE
Resolution 5360 is effective retroactively to the 16th day of November, 2021.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
202
Version April 2020
Resolution 5360
Page 3 of 3
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
203
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Scott Shirley, Director of Public Works
SUBJECT:Resolution 5361 Authorizing Change Order 1 to the Griffin Drive and Manley
Road Street and Stormwater Improvements Project
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5361 authorizing Change Order No.1 to the Griffin Drive
and Manley Road Street and Stormwater Improvements Project.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Attached is a copy of resolution 5361 and change order number 1 for the
above referenced project. Delays due to challenges with right of way
acquisition have necessitated adjustments to bid costs. CK May has worked
diligently with their sub-contractors and has agreed to honor bid costs on
most of the contract items. Some material costs increased significantly
enough in early 2021, that CK May and their subcontractors feel that a
change order is justified. In particular, material costs related to the electrical
items in the contract saw especially sharp cost increases. Staff has reviewed
the change order request and feels that the cost increases are justified. Staff
recommends that the Commission approve Change Order No. 1.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:Change Order No. 1 adds $77,009.66 to the contract cost of the Griffin Drive
and Manley Road Street and Stormwater Improvements Project. Those
additional costs are available in the existing budget for project SIF113.
Attachments:
20211207_Resolution 5361_Change Order_1.pdf
Report compiled on: November 24, 2021
204
1 of 2
COMMISSION RESOLUTION NO. 5361
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT
WITH CK MAY EXCAVATING, INC, BELGRADE, MONTANA.
WHEREAS, the City Commission did, on the 4th day of April 2021, authorize award of the bid for
the Griffin Drive and Manley Road Street and Stormwater Improvements Project, to CK May Excavating, Inc.
of Belgrade, Montana; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or
modifications of the specifications and/or plans of the contract be made by resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a
municipal corporation, and CK May Excavating, as contained in Change Order No. 1, attached hereto, be and
the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract
change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such
signature.
205
Resolution No. 5361, Change Order 1 for Griffin Drive and Manley Road Street and Stormwater Improvements Project
2 of 2
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 7th day of December, 2021.
__________________________________________
CYNDY ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN
City Attorney
206
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Ordinance 2089 Final Adoption Amending Chapter 38 Unified Development
Code for Subdivision Review Procedures And Associated Development
Standards Update Text Amendment to Conform to Amended State Law and
Improve Processes, Application 21338
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2089.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The State Legislature passed six amendments to the Subdivision and Platting
Act in the 2021 legislative session. The bill numbers were HB292, HB450,
SB161, SB174, SB211, and SB231. The City is required to have regulations to
review subdivisions. Those regulations must conform to state law. The City
must update its regulations accordingly. These amendments change the way
the City reviews subdivisions. The amendments are written to balance of
interests between right to know and participate, property rights and
responsibilities, and the other directives of the state laws. In support of
additional efforts to support housing creation, the amendments have been
drafted to remove information deemed unnecessary as data availability has
increased through online tools, clarify the subdivision review process, and
take advantage of state authorized reductions in review criteria and
processes. Because the City has adopted unified standards that apply to both
subdivision and zoning based development review the Zoning Commission
also participated in review.
The City Commission conducted the required public hearing for these
amendments on November 16, 2021 and unanimously approved the
ordinance as presented. Effective date for the amendments will be January
6, 2022.
Specific edits with these amendments are:
1. The City is removing language which simply repeats state law in local
ordinance. Instead, a reference to the applicable state law is provided
207
instead. This shortens text length, and ensures that review of requirements
is always directly linked to the most current state requirements.
2. The City is updating references to state law and local ordinances which
have changed since the prior code amendments.
3. The City is clarifying who bears the responsibility to demonstrate
compliance with adopted standards, when that compliance must be shown,
and by whom.
4. The delegation of some current City Commission steps in review processes
to specified staff positions. This is expected to reduce review time, ensure
the agencies most affected by decisions are participating in the decisions,
and strengthen consistency with other review processes. An example is the
Director of Parks and Recreation having responsibility to approve finalized
park plans.
5. Updating submittal requirements for subdivisions to remove unneeded
information from individual applications as new information sources have
become available, limit information supplied to that most relevant to the
subdivision process, and ensure all needed information is provided.
6. Updating public notice provisions to conform to changed requirements for
subdivision review processes. Due to the changes in state law and the local
ordinances there will be fewer public hearings on subdivisions. The change
from public hearings to public meetings changes how notices are published
and the timing for notices. Depending on the specific review procedure, the
duration of notice may be the same as at present or may be reduced.
However, there will still be opportunities for public notice and comment on
subdivisions.
7. Changing the subdivision preliminary plat review process to meet revised
state laws for expedited subdivision review and newly applicable review
processes. These revisions change the review process to rely more on
compliance with generally applicable regulations rather than project specific
conditions of approval, changes most public hearings to public meetings,
and shortens review time for some subdivisions. The Planning Board will
likely no longer conduct any public hearings on subdivisions. Some review
processes for subdivisions will be shortened.
8. Updating required certificates for final plats for additional clarity and
revisions for City signatories.
9. Revised process and standards for agricultural water user facilities (e.g.
ditches and canals). This amendment enables the City to invoke 76-3-616
MCA which simplifies the subdivision review process by providing for all
subdivision primary review criteria to be addressed with generally applicable
regulations.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None.
Attachments:
208
Revised Text for Subdivision Process - Final Adoption draft
11-17-2021.pdf
Report compiled on: November 17, 2021
209
Ord 2089
Page 1 of 78
ORDINANCE 2089
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.100.040 INTENT AND PURPOSE OF CHAPTER
TO REFERENCE STATE LAW, AMENDING SECTION 38.100.070 CONDITIONS OF
APPROVAL TO CLARIFY WHEN CONDITIONS OF APPROVAL APPLY, AMENDING
SECTION 38.100.080 COMPLIANCE WITH REGULATIONS REQUIRED TO CLARIFY
OBLIGATIONS, AMENDING SECTION 38.200.010 REVIEW AUTHORITY TO
UPDATE RESPONSIBILITIES FOR REVIEW OF DEVELOPMENT ACTIONS,
AMENDING SECTION 38.220.030 SUBDIVISION PRE-APPLICATION PLAN TO
REVISE SUBMITTAL MATERIALS FOR SUDIVISION PRE-APPLICATIONS,
AMENDING SECTION 38.220.040 SUBDIVISION PRELIMINARY PLAT TO REVISE
SUBMITTAL MATERIALS FOR SUBDIVISION PRELIMINARY PLATS AND
DELETING AND RESERVING SECTION HEADER 38.240.050, AMENDING SECTION
38.220.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS TO
CHANGE TITLE AND REVISE REQUIRED MATERIAL FOR SUBMISSION,
AMENDING SECTION 38.220.070 FINAL PLAT TO REVISE APPLICATION
MATERIALS TO BE SUBMITTED WITH A FINAL PLAT, AMENDING DIVISION
38.220 PART 2 TO REVISE THE SUBMITTAL AND REVIEW OF SUPPLEMENTARY
DOCUMENTS, AMENDING SECTION 38.220.420 NOTICE REQUIREMENTS FOR
APPLICATION PROCESSING TO REMOVE FOOTNOTES, REVISE NOTICING
PROCEDURES FOR SUBDIVISIONS, AMENDING DIVISION 38.240 PART ONE TO
INCORPORATE STATE LAW REFERENCES, AMENDING DIVISION 38.240 PART 2
TO REVISE REVIEW PROCEDURES TO COMPLY WITH REVISIONS TO STATE
LAW AND REORGANIZE FOR CLARITY, AMENDING DIVISION 38.240 PART 3
LAND SUBDIVISIONS CREATED BY RENT OR LEASE TO REMOVE LANGUAGE NO
LONGER REQUIRED IN STATUTE, AMENDING SECTION 38.240.300 DIVISIONS OF
LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF THIS CHAPTER
PERTAINING TO SUBDIVISIONS AND THE STATE SUBDIVISION AND PLATTING
ACT TO INCLUDE NEW STATE RESTRICTION ON COURT ORDERED DIVISIONS
OF LAND, AMENDING SECTION 38.240.410 TO CLARIFY WHEN CERTIFICATE OF
DEDICATION OR CONSENT ARE USED WITH A FINAL PLAT, AMENDING
SECTION 38.240.450 TO CHANGE THE SIGNATORY ON THE CERTIFICATE OF
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COMPLETION OF IMPROVEMENTS TO THE CITY ENGINEER, AMENDING
SECTION 38.240.460 TO CLARIFY THE INTENT AND SIGNATORY FOR THE
CERTIFICATE ACCEPTING DEDICATIONS TO THE CITY, AMENDING SECTION
38.240.470 TO REVISE THE SIGNATORY FOR THE CERTIFICATE
ACKNOWLEDGING EXCLUSION FROM REVIEW FOR SANTIATION, AMENDING
SECTION 38.240.500 TO CLARIFY THE CERTIFICATE FOR USE OF THE
CERTIFICATE FOR EXEMPTION FOR CERTAIN APPLICATIONS FROM REVIEW
AS A SUBDIVISION, AMENDING SECTION 38.240.530 TO REVISE THE SIGNATORY
FOR THE CITY ON THE CERTIFICATE, CREATE SECTION 38.240.540
CERTIFICATE OF GOVERNING BODY FOR APPROVAL OF A SUBDIVISION PLAT,
AMENDING SECTION 38.250.080 SUBDIVISION VARIANCES TO CLARIFY THAT A
PUBLIC HEARING IS NOT HELD ON SUBDIVISION VARIANCES, CREATE
SECTION 38.360.280 AGRICULTURAL WATER USER FACILITIES, AMENDING
SECTION 38.400.020 TO REVISE CROSS REFERENCE, AMENDING SECTION
38.410.060 TO REVISE REQUIREMENTS FOR AGRICULTURAL WATER USER
FACILITIES, AMENDING SECTION 38.410.020 TO REVISE REVIEW PROCESS FOR
NEIGHBORHOOD CENTERS, AMENDING SECTION 38.420.050 TO REVISE REVIEW
PROCESS FOR SITING PARKS, AMENDING SECTION 38.420.080 TO REVISE
REVIEW PROCESS FOR DETERMINATION OF PARK CHARACTERISTICTS
PROPOSED WITH NEW DEVELOMPENT; AND PROVIDING AN EFFECTIVE DATE,
APPLICATION 21338.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Bozeman Planning Board held a public hearing on
October 18, 2021 to receive and review all written and oral testimony on the proposed
amendments; and
WHEREAS, the Bozeman Planning Board recommended to the Bozeman City
Commission that application No. 21338, be approved as proposed; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on October 25, 2021 to receive and review all written and oral testimony on the proposed
amendments; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21338, be approved as proposed; and
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WHEREAS, after proper notice, the City Commission held its public hearing on
November 16, 2021, to receive and review all written and oral testimony on the proposed
amendment to the subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated §§ 76-3-102 and 76-3-501, and found
that the proposed amendments would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health,
safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102,
76-2-304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020),
by Resolution 5133 to establish policies for development of the community.
3. Zoning and subdivision regulations must be in accordance with the adopted growth
policy.
4. The 2021 Montana Legislature passed multiple bills revising the requirements for the
subdivision review process.
5. The City of Bozeman restructured its advisory boards on August 10, 2021 assigning
duties and consolidating responsibilities to improve public engagement, consistency of process,
and effectiveness and such advisory boards are referenced in the subdivision related regulations
and therefore the regulations need to be updated to reflect the new boards structure.
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6. A staff report analyzing the required criteria for an amendment to the City’s
regulations for subdivision review, including accordance to the Bozeman Community Plan 2020,
and required contents for local subdivision regulations has found that the required criteria of
Montana Code Annotated §§ 76-1-606, 76-3-102, and 76-3-501 are satisfied.
7. A staff report analyzing the required criteria for an amendment to the City’s
regulations for zoning review, including accordance to the Bozeman Community Plan 2020, and
required criteria for zoning regulations has found that the required criteria of Montana Code
Annotated §§ 76-1-304 are satisfied.
8. The required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the applicable materials and provide
comment.
9. The City Commission considered the application materials, staff analysis and report,
Planning Board recommendation, Zoning Commission recommendation, all submitted public
comment, and all other relevant information.
10. The City Commission determines that, as set forth in the staff report and
incorporating the staff findings as part of their decision, the required criteria for approval of this
ordinance have been satisfied.
11. The City Commission determines that the ordinance provides a proper balance of
interests, rights, and responsibilities of all parties affected by the ordinance.
12 The City Commission determines that the zoning provisions of Chapter 38, Unified
Development Code, contain all necessary elements of MCA 76-8-107, and therefore the state
provisions for Buildings for Lease or Rent are not applicable per MCA 76-8-103.
13. The City Commission determines that the adopted growth policy, Bozeman
Community Plan 2020, and the zoning provisions of Chapter 38, Unified Development Code,
contain all necessary elements to meet the requirements of MCA 76-3-616, and therefore
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subdivisions not including zoning variances are exempt from public hearings and therefore the
noticing provisions for subdivisions require revision.
13. The City Commission determines that MCA 76-3-623 establishes new procedural
requirements for certain subdivisions which must be incorporated into local subdivision review
procedures.
Section 2
That Section 38.100.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.040. Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to
land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general
welfare, including the purposes for subdivision and zoning in MCA 76-1-102, 76-1-606, 76-
2-304, 76-3-102, and 76-3-501 as may be amended from time to time. Further, it is the purpose of these regulations to exercise to the fullest extent the authority of the City’s Charter, utility, and all other powers. by: preventing the creation of private or public nuisances caused by noncompliance with the standards and procedures of this chapter;
regulating the subdivision, development and use of land; preventing the overcrowding of
land; lessening congestion in the streets and highways; being in accord with the growth policy; providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; requiring development in harmony with the natural environment; promoting preservation of open space; promoting
development approaches that minimize costs to local citizens and that promote the effective
and efficient provision of public services; securing safety from fire, panic, and other dangers; protecting the rights of property owners'; requiring uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey (MCA 76-3-102).
It is further the purpose of these regulations to: consider the character of the district and its
peculiar suitability for particular uses, conserving the value of buildings, and encouraging the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304).
C. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are intended to promote and to provide for the:
1. Orderly development of the city;
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2. Coordination of streets within subdivided land with other streets and roads, both existing and planned;
3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public services;
11. Avoidance of excessive expenditure of public funds for the provision of public services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the city into districts with uniformly applicable standards for development within each district;
15. Standards for the development and use of land;
16. Procedures for the review and approval for the development and use of land; and
17. Establishment of all other requirements necessary to meet the purposes of this chapter.
D. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to implement the goals and objectives of the city's adopted growth policy.
C. This chapter has been evaluated for compliance with the growth policy as part of the process to adopt this chapter, and has been found to comply with the growth policy.
Section 3
That Section 38.100.070 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.070. Conditions of approval.
A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police power delegated by the state to the city. Persons undertaking the subdivision,
development or use of land have the duty of complying with reasonable conditions for
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design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the city, and to the safety and general welfare of the future lot owners and of the community at large. Such conditions may require compliance with more than the minimum standards established by this chapter.
B. Conditions of approval may not be added after final action to grant preliminary approval to
a proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this
chapter; or
3. The requirement is part of an improvements agreement and security for completion of required improvements prior to filing a final plat or other development.
However, should the owner seek material modifications (e.g., changes to the intent, nature, or scope of a subdivision or development, or necessary improvements) to a previously
approved subdivision, development or condition of approval, the entire application must be
considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval must be reviewed through the same process as the original application. Final action includes the resolution of any appeals. The provisions of section 38.240.150 38.240.130.A.5.h may also apply to revisions of conditions for
preliminary plats.
C. Mandatory cCompliance with the explicit termsrequirements and procedures of this chapter or other duly adopted applicable law, standard, or procedure whether adopted by the City or other authority does not constitute a conditions of approval and is not affected by the limitations of subsection B of this section or other limitations on conditions of approval.
Section 4
That Section 38.100.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.080. Compliance with regulations required.
A. No land may hereafter be subdivided, used or occupied, and no building, structure or part thereof may hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development may commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. It is the obligation of the person proposing the development to demonstrate compliance with all applicable standards and
regulations.
B. To the extent reasonable, all city-owned land is subject to applicable regulations of the underlying zoning district.
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Section 5
That Section 38.200.010 of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. Review authority.
A. The city commission has the authorityright to review and require revisions to all
development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage
facilities, water facilities, and other facilities; to conserve the value of adjoining buildings
and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the
following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two years;
e. Planned unit development preliminary plans and major amendments to planned
unit developments;
f. Appeals from administrative interpretations and final project review decisions;
g. Approval of preliminary park master plans when associated with a development for which the City Commission is the review authority;
h. Large scale retail per section 38.360.160;
i. Exceptions to installation of bikeways and boulevard trails per section 38.400.110.E;
i.j. Conditional use permits when no board of adjustment is established;
j.k. More than two deviations or where deviation is for more than 20 percent of
standard;
l. Amendments to text or zoning map per division 38.260.
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
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B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in this section;
b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community
development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250
of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following site elements and processes:
1. Site access and storm water for reuse and further development per section 38.230.160.B;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.010 except subparagraphsection 38.400.010.A.1, Relation to undeveloped areas;
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8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per sections 38.400.060 Street improvement standards paragraphs. A and B.1—3;
9. Alternate curb return radii per section subparagraph 38.400.090.C.3;
10. Locations and modifications to drive accesses to public streets per sections paragraphs
38.400.090.G and H;
11. Street improvement standards and modifications departures therefrom per section 38.400.060;
12. Departures for street vision triangles per section 38.400.100;
13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing
per section paragraphs 38.540.020.D, F and J;
14. Protection of landscaped areas per section paragraph 38.550.050.H;
15. All actions required of the flood plain administrator per article 6 of this chapter;
16. Modifications in required completion time for subdivision improvements per section
subparagraph 38.270.030.B.1;
17. The use of a financial guarantee for paving of streets per section paragraph 38.270.060.CB;
18. The waiver of required information per subparagraph section 38.220.080.A.2.i(3);
19. Requirement for a traffic impact analysis and determination of its contents per section
subparagraph 38.220.120.A.2.c(5);
20. Specifications and modifications therefrom for paving of streets and parking areas;
21. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and
22. Alternate parking angles for surface and structured parking stall configurations listed in
Table 38.540.020. All other numeric standards apply.
23. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E;
E. The director of public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following
development elements and processes:
1. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070;
2. Provision of water rights as authorized in section 38.410.130;
3. Subject to section 38.400.060, exceptions to the level of service standards established
in section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
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5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of parks and recreation must review, and as needed approve, approve with conditions or deny the following development elements and processes:
1. Ddetermine the classification of recreation pathwaystrails per section 38.420.110.D.
2. Approve final park plans.
3. Approve preliminary park plans when a development is subject to approval by the Director of Community Development
4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when:
a. The initial dedication of land per 38.420.020 has been provided;
b. Money to be paid is to address mitigation of recreation impacts above the
minimum land dedication; and
c. A park master plan has been approved for the park servicing the land to be developed.
G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable
advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial.
H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter.
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Section 6
That Section 38.220.030 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.030. Subdivision pre-application submittal materialsplan.
A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and must include:
1. Sketch map. A sketch map showing:
a. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along with adjacent lot and tract lines.
b. Location, name, width and owner of existing or proposed streets, roads and easements within the proposed subdivision; existing streets, roads and easements
within adjacent subdivisions and tracts; and the name of street or road that
provides access from the nearest public street or road to the proposed subdivision.
c. Location of all existing structures, including buildings, railroads, power lines towers, and improvements inside and within 100 feet of the proposed subdivision.
d. Zoning classification within the proposed subdivision and adjacent to it. The
zoning proposed for the subdivision, if a change is contemplated and if an
adjacent PUD is in place or proposed.
2. Topographic features. Topographic features of the proposed subdivision and adjacent subdivisions and tracts, including: a. A current U.S. Geological Survey topographic map at the largest scale available with the subdivision clearly outlined.
b. Embankments, watercourses, drainage channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas of active faults. Include copies of any permits listed in section 38.220.020 that have been obtained for the project.
3. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
a. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
b. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and storage facilities.
4. Subdivision layout. The proposed layout of the subdivision showing the approximate:
a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each block, tract and lot.
b. Street location, right-of-way width, and name.
c. Easement location, width and purpose.
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d. Sites to be dedicated or reserved as park, common open space or other public areas, with boundaries, dimensions and areas.
e. Sites for commercial centers, churches, schools, industrial areas, multi-household units, manufactured housing community and uses other than single-household
residences.
5. Development plan. An overall development plan indicating future development of the remainder of the tract, if the tract is to be developed in phases.
6. Name and location. A title block indicating the proposed name, quarter-section, section, township, range, principal meridian and county of subdivision.
7. Notations. Scale, north arrow, name and addresses of owners and developers, and date
of preparation.
8. Variances. A list of variance requests which will be submitted with the application for preliminary plat application.
9. Waivers. A list of waivers requested from the requirements of section 38.220.060 must
be submitted with the pre-application and an explanation of why such information is
not relevant or was previously provided.. The DRC is responsible for granting waivers, and the community development department staff must notify the developer in writing of any waivers granted from section 38.220.060 after the pre-application meeting or plan review.
10. Parks and recreation facilities. The following information must be provided for all land
proposed to meet parkland dedication requirements:
a. Park concept plan, including:
(1) Site plan for the entire property; and
(2) The zoning and ownership for adjacent properties; and
(3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and
(4) General description of land, including size, terrain, details of location and history, water features, and proposed activities; and
(5) Description of trails or other recreational features proposed to connect the proposed park area to other park or open space areas.
b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-in-lieu review factors established by resolution of the city commission.
1112. Affordable housing. Describe how the subdivision proposes to satisfy the requirements of division 38.380. Describe any intended use of 38.380 for creation of affordable housing with the subdivision.
1213. Wildlife. Describe key wildlife habitat issues that may be associated with proposed subdivision. Describe how the subdivision will consider fish and wildlife resources in the course of project design. Describe subdivision early planning
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suggestions from local FWP field biologists at FWP regional offices. This description should consider the following:
a. The species of fish and wildlife, including those designated as species of concern, that use all or part of the project planning area (proposed subdivision site plus a
one-half-mile radius around it) on a year-round, seasonal, or periodic basis.
b. Existing vegetation, aquatic habitats, and wildlife habitats in the project planning area (e.g., water bodies and their associated riparian habitat, big game winter range, native grassland or shrub land habitats, areas used by black or grizzly bears).
c. The proposed subdivision's potential impacts on wildlife and wildlife habitat, both
during construction and at full build-out, taking any applicable fish and wildlife habitat standards into account.
1314. Waivers of right to protest. Include copies of or the recorded document numbers of all existing waivers of right to protest special improvement districts or maintenance
districts which are applicable to the property proposed to be subdivided.
1415. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous payment-in-lieu of water rights, groundwater certificates, statements of claim, provisional permits, decreed rights, canal or water users
association shares etc.
15. Agricultural water user facilities. Identify the location of all agricultural water user facilities and the contact information for the facility user/representative per 38.360.280.
Section 7
That Section 38.220.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.040. Subdivision preliminary plat.
A. The preliminary plat must be legibly drawn as specified in the application form provided by the community development department. Where accurate information is required, surveying
and engineering data must be prepared under the supervision of a registered engineer or
registered land surveyor, licensed in the state, as their respective licensing laws allow. The plat submittal must include the following:
1. Pre-application information. All information required with the pre-application plan, as outlined in section 38.220.030.
2. Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household.
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23. Subdivision map. Map of entire subdivision as specified on the application form provided by the community development department.
34. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road
and street names; and proposed location of intersections for any subdivision requiring
access to arterial or collector streets.
45. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey.
56. Adjoining owners. Names and addresses of record owners of lots and tracts
immediately adjoining the proposed subdivision.
67. Perimeter survey. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse must be given.
78. Section corner. The approximate location of all section corners or legal subdivision
corners of sections pertinent to the subdivision boundary.
89. Phased improvements. If the required improvements are to be completed in phases after the final plat is filed, the approximate area of each phase must be shown on the plat. If a phase depends on improvements not included within the geographic area of a
phase, or if timing of construction of improvements is separate from the timing of
construction of that phase, those improvements and associated phases must be identified.
910. Contours. Ground contours must be provided for the tract according to the following requirements:
Table 38.220.040
Where the average slope is: Contour intervals must be:
Under 10 percent 2 feet (if all lots are over one acre in size, five
feet intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
1110. Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre-application process must be submitted with the preliminary plat application.
1211. Request for exemption from department of environmental quality review. If the developer is proposing to request an exemption from the department of environmental
quality for infrastructure plan and specification review, the preliminary plat application
must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of
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water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request.
13. Sanitation information. When the subdivision does not qualify for the certification
established in section 38.240.170 the subdivider must provide the information
regarding sanitation set forth in MCA 76-3-622.
Sec. 38.220.050. Preliminary plat supplements required for all subdivisions.
AB. The following supplemental information must be submitted along with the preliminary plat.
1. Area map. A map showing all adjacent sections of land, subdivision, certificates of
survey, streets and roads.
2. Subdivision map. Map of entire subdivision as specified on the application form provided by the community development department.
32. Non-compliance with standards. Provide a written response to:
a. Variances. Provide Aa written statement describing any requested subdivision
variance and the facts of hardship upon which the request is based (refer to division 38.250 of this chapter).
b. All others. Provide Aa written statement: describing any intended departure, deviation, modification, non-compliance or alternative compliance to any standard applicable to a subdivision review;, providing a BMC citation to the authority
authorizing the by which such non-compliance; is authorized by BMC citation, and providing the applicable criteria of review.
34. Noticing materials required by section 38.220.420.
45. Documents and certificates. Draft copy of the following documents, and certificates to be printed on or to accompany the preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property owners' association if covenants are proposed to ensure compliance with regulatory standards.
b. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or drive aisles intersect state, county or city
highways, streets or roads.
c. A letter of approval or preliminary approval from the city where a zoning change is necessary.
cd. A draft of such other appropriate certificates.
de. Provision for maintenance of all streets (including emergency access), parks open
spaces to meet requirements of 38.420 or 38.410.040or otherwise, storm water
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facilities, and other required improvements if not dedicated to the public, or if private.
56. Street profile sheets. Profile sheets for street grades greater than five percent.
67. Application and fee. Completed preliminary plat application form, with the original
signatures of all owners of record or their authorized representatives, and the required
review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided.
8. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all developments as directed by the county weed control district (district) in
accordance with the Montana County Noxious Weed Control Act (MCA 7-22-21). The
developer must have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan approved by the district for control of noxious weeds must be submitted with the preliminary plat
application. This plan must ensure the control of noxious weeds upon preliminary plat
approval and the revegetation of any land disturbed during the construction of subdivision improvements.
9. Sanitation information. When the subdivision does not qualify for the certification established in section 38.240.100 the subdivider must provide the information
regarding sanitation set forth in MCA 76-3-622.
Section 8
That section 38.220.060 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.060. Additional subdivision preliminary plat supplements Documentation of
compliance with adopted standards.
A. The following list of preliminary plat application supplements information must also be provided for with all subdivisions preliminary plat applications in order to document compliance with adopted development standards unless waived by the development review committee during the pre-application process per 38.240.110. The developer must include
documentation of any waivers granted by the city after the pre-application meeting or plan review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter, and the Montana Subdivision and Platting Act, and other applicable standards. The need for additional information is determined during the pre-application process.
1. Surface water.
a. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which may affect or be affected by the proposed subdivision including:
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(1) Natural water systems such as natural streams, creeks, stream/ditches, drainages, waterways, gullies, ravines or washes in which water flows either continuously or intermittently and has a definite channel, bed and banks.
(2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
reservoirs, irrigation or drainage systems.
b. Description.
(1) Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present use and time of year when water is present.
(2) Describe proximity of proposed construction (such as buildings, sewer
systems, streets) to surface waters.
c. Water body alteration. Describe any existing or proposed streambank or shoreline alterations or any proposed construction or modification of lake beds, watercourses or irrigation ditches. Provide information on location, extent, type
and purpose of alteration. Provide a revised floodplain analysis report, in
compliance with article 6 of this chapter, as appropriate.
d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210 of this chapter, then a delineation of the wetland meeting standards of Division 38.610 must be provided and the location of existing and proposed modifications
to wetlands must be shown on an overlay of the proposed plat. must be shown on
the preliminary and final plats.
e. Permits. Include copies of any permits listed in section 38.41.020 that have been obtained for the project.
2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat
in compliance with Division 38.600 article 6 of this chapter.
3. Groundwater.
a. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. The high
water table must be determined from tests taken during the period of major concern as specified in writing by the county environmental health department. Specific locations for test holes may also be determined by the county environmental health department.
b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation
of groundwater and groundwater recharge areas.
4. Geology; soils; slopes.
a. Geologic hazards. Identify geologic hazards affecting the proposed subdivision which could result in property damage or personal injury due to rock falls or
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slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity.
b. Protective measures. Explain what measures will be taken to prevent or materially lessen the danger of future property damage or injury due to any of the hazards
referred to in subsection A.4.a of this section.
c. Unusual features. Provide a statement describing any unusual soil, topographic or geologic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction techniques. The statement should address conditions such as shallow bedrock, high water table, unstable or
expansive soil conditions, and slope. On a map, identify any slopes in excess of
15 percent grade.
d. Soils map. The subdivision must be overlaid on the county soil survey maps obtained from the Natural Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps may be copied without permission. However,
enlargement of these maps could cause misunderstanding of the detail of
mapping. Soils were mapped using a minimum delineation of five acres, and these soils reports were intended to alert developers to possible problems and the need for a more detailed on-site investigation. The developer must provide the following soil reports, which can be obtained from the NRCS:
(1) The physical properties and engineering indexes for each soil type;
(2) Soil limitations for utilities, building and site development, and water features for each soil type;
(3) Hydric soils report for each soil type. If hydric soils are present, the developer must provide a wetlands investigation by a certified consultant,
using the current Federal Manual for Identifying and Delineating Jurisdictional Wetlandsper Division 38.610; and
(4) The developer must provide any special design methods planned to overcome the above limitations.
e. Cuts and fills. Describe the location and amount of any cut or fill three or more
feet in depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading.
5. Vegetation.
a. Vegetation map. On a plat overlay or sketch map :
(1) Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, coniferous forest, deciduous forest or mixed forest.
(2) Iidentify critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to wind or water erosion.
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b. Protective measures. Describe measures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces).
c. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all developments as directed by the county weed control district
(district) in accordance with the Montana County Noxious Weed Control Act
(MCA 7-22-21). The developer must have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan approved by the district for control of noxious weeds must be
submitted with the preliminary plat application. This plan must ensure the control
of noxious weeds upon preliminary plat approval and the revegetation of any land disturbed during the construction of subdivision improvements.
6. Wildlife.
a. Species. Describe any endangered species or species of concern fish and wildlife
which use the area affected by the proposed subdivision.
b. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands.
c. Pets/human activity. Describe the expected effects of pets and human activity on
wildlife.
cd. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas.
de. Protective measures. Describe any proposed measures to protect or enhance
wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside wetlands marshland as undeveloped open space).
ef. Discussion of impact; documentation. The developer must discuss the impact of the proposed development on fish and wildlife with the state department of fish,
wildlife and Parks (FWP). With the preliminary plat application, the developer must provide written documentation from FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
(2) Lists any FWP recommendations; and
(3) Outlines any mitigation planned to overcome any adverse impacts.
7. Historical features.
a. Affected areas. Describe and locate on a plat overlay or sketch map any known or possible historic, paleontological, archaeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision.
b. Protective measures. Describe any plans to protect such sites or properties.
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c. Procedures. Describe procedures to be followed if any historic, paleontological, archaeological, cultural sites, structures or object are found on site during site preparation and construction.
d. Discussion of impact; documentation. The developer must discuss the impact of
the proposed development on any historic features, and the need for inventory,
study and/or preservation with the state historic preservation office (SHPO). The developer must provide written documentation from SHPO that:
(1) Verifies that SHPO has reviewed the proposed plat;
(2) Lists any SHPO recommendations;
(3) Outlines any plans for inventory, study, and/or preservation; and
(4) Describes any mitigation planned to overcome any adverse impacts.
e. Preparation of information. Information on historical sites must be prepared by a qualified professional, including persons with a professional or educational background in history, architectural history, archaeology, art history, historic
preservation, anthropology and cultural resource management.
78. Agriculture. When a proposed development is adjacent to land used for agricultural production.
a. Number of acres in production and type of production.
b. Agricultural operations in the vicinity, and other uses of land in the general
vicinity.
c. The productivity of the land.
d. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season.
ea. What measures will be taken, if any, to control family pets.
fb. Fencing of agricultural land. Describe any existing fence lines around the subdivision development boundary which protect agricultural lands under an ownership other than of the developer, and describe any measure which will be taken to ensure that the owners of the subdivision development will share with the owner of the agricultural lands in the continued maintenance of the fence.
89. Agricultural water user facilities.
a. Type, description, ownership and users of facilities per 38.360.280 and 38.410.060.
b. Written documentation demonstrating active use of facilities, for example the delivery of non-potable water supplies for irrigation, conversion to stormwater
facilities, or other use. If a facility is not being actively used nor intended to be used in the future, include a written plan for discontinuance including all documentation required pursuant to Montana Law.
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c. Describe any proposed realignment. All realignments must comply with all relevant requirements of Montana law.
d. Information from the owner(s) of the facility concerning the proposed use or discontinuance of the facility.
910. Water and sewer. Provide an engineering design report and/or other documentation
demonstrating that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists or will be provided to serve the proposed subdivision consistent with the City’s adopted design standards and Chapter 40.
a. Water rights. Describe how the proposed subdivision intends to satisfy section
38.410.130. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous estimates or actual payment-in-lieu of water rights, certified well logs, decrees or adjudications, etc.
b. The information needed to demonstrate proposed compliance with 38.270. Special
care is needed when concurrent construction is proposed.
1011. Stormwater management. A stormwater management plan meeting the requirements of section 40.04.700 and the city's adopted stormwater master plan.
1112. Streets, roads and alleys.
a. Description. Describe any proposed new public or private streets, roads or alley,
or substantial improvements of existing public or private streets, roads or alleys.
The developer must demonstrate that the land to be subdivided has access onto a legal street and the future streets will be consistent with the City’s adopted design standards, Article 34.4, the long range transportation plan, and other relevant standards.
b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development.
cb. Access to arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with
section 38.400.090.
dc. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of existing streets, roads or alleys.
ed. Dust. Describe provisions considered for dust control on alleys.
fe. Pollution and erosion. Explain how street, road and alley maintenance will be
provided to meet the department of environmental quality guidelines for prevention of water pollution and erosion and who is proposed to provide the required maintenance.
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gf. Traffic generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information:
(1) The report format must be as follows:
(a) Trip generation, using the Institute of Transportation Engineers Trip
Generation Manual;
(b) Trip distribution;
(c) Traffic assignment;
(d) Capacity analysis;
(e) Evaluation; and
(f) Recommended access plan, including access points, modifications, and any mitigation techniques if level of service does not meet level of service standard.
(2) The report must include the following information:
(a) Land use and trip generation in the form of a table of each type of land
use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation.
(b) Traffic graphics, which show:
(i) A.M. peak hour site traffic;
(ii) P.M. peak hour site traffic;
(iii) A.M. peak hour total traffic;
(iv) P.M. peak hour total traffic; and
(v) Total daily traffic (with site-generated traffic shown separately).
(c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour
capacity analysis provided for:
(i) All major drive accesses that intersect collector or arterial streets or roads; and
(ii) All arterial-arterial, collector-collector and arterial-collector intersections within one-half mile of the site, or as required by the
city engineer during the pre-application review, concept plan review, or informal project review.
(d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed.
hg. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely
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handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance.
h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and
pedestrian pathways, lanes or routes to be developed with the development.
i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates.
j. The information needed to demonstrate proposed compliance with 38.270. Special care is needed when concurrent construction is proposed.
1213. Non-Municipal Utilities. The developer must submit a copy of the subdivision
plat to all relevant utility companies. With the preliminary plat, the developer must provide written documentation of the following:
a. Affected utilities. Indicate which affected utilities the subdivision plat has been submitted to for review, and include a copy of responses.
b. Include a description of:
(1) The method of furnishing electric, natural gas, cable TV, internet or telephone service, where provided.
(2) Estimated timing of each utility installation.
(3) The developer must provide a written statement from the utility companies that
the proposed subdivision can be provided with service.
c. Non-municipal utility locations shall be coordinated with locations of municipal utilities.
14. Educational facilities. With the preliminary plat, provide a written statement from the administrator of the appropriate school system indicating whether the increased
enrollment can be accommodated by the present personnel and facilities and by the existing school bus system.
1315. Land use.
a. Indicate the proposed use and number of lots or spaces in each:
(1) Residential area, single-household;
(2) Residential area, multiple-household. Types of multiple-household structures and numbers of each (e.g., two or four unit structures);
(3) Planned unit development (number of units);
(34) Condominium (number of units);
(5) Manufactured housing community (number of units);
(46) Recreational vehicle park;
(57) Commercial or industrial; and
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(68) Other (please describe).
1416. Parks and recreation facilities. The following information must be provided for all land used to meet parkland dedication requirements:
a. Park plan. A park plan, including:
(1) Site plan with one-foot contour topographic survey for the entire property;
showing proposed developer installed improvements on the initial park plan and proposed future improvements on the future park plan, and phasing proposed if any, exact product specifications are not required;
(2) Drainage areas;
(3) Utilities within, serving, and adjacent to the property;
(4) The zoning and ownership for adjacent properties; Existing or proposed utility easements within the property;
(5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks and any permits from non-city agencies
required to execute the proposed plan;
(6) Park conceptual landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100 unless the parks department has adopted an alternate plan standard, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes
and the irrigation system including but not limited to identification of water
source, points of connection, mains, laterals, valves, zones, and sprinkler heads;
(7) General description of land, including size, terrain, details of location and history, water features, and proposed activities;
(8) Trail design and construction showing compliance with adopted city standards and trail classifications;
(9) The requirement for approval of the final park plan by the review authority with a recommendation from the city recreation and parks advisory board prior to any site work;
(10) The requirement for a preconstruction meeting prior to any site work;
(911) Appropriate sections from the design guidelines for city parks;
(102) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and responsibility for custom features or atypical designsall improvements;
(113) If playground equipment will be provided with initial installation by the subdivider, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use; otherwise a general identification of proposed function;
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(124) Soils information and analysis;
(135) A description of how the proposed park plan is consistent with the goals of the city's current long range parks plan for parks;
(146) A description of how the proposed park will meet the recreational needs of
the residents of the development;
(157) The proposed manner of providing irrigation to the park including water source, amount of water expected to be consumed annually, and proposed manner of transfer of water facilities and rights to the city; and
(168) A phase I environmental assessment of the area proposed to be transferred
to the city or property owner's association.
b. Park maintenance.
(1) Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties;
(2) Weed control plan, including responsible parties; and
(3) Plan for garbage collection, snow removal and leaf removal including
responsible parties.
bc. Irrigation information.
(1) An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains
and control box; and
(2) If a well will be used for irrigation, a certified well log must be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc.
cd. Phasing. If improvements will be phased, a phasing plan must be provided including proposed financing methods and responsibilities.
de. Cash-in-lieu and Improvements-in-lieu. If the development includes a proposal for cash-in-lieu or improvements-in-lieu of park a specific justification responding to the cash- in-lieu review factors established by resolution of the city commission. If improvements-in-lieu are proposed specific costs of proposed improvements and costs to install must be provided.
1517. Neighborhood center plan. A neighborhood center plan must be prepared and submitted for all subdivisions containing a neighborhood center.
1618. Lighting plan. The following subdivision lighting information must be submitted for all new subdivisions development where lighting is proposed other than within the street right of way:
a. For subdivision applications where lighting is required or proposed, l ighting plans must be submitted to the city for review and approval, and must include:
(1) Isofootcandle plots for individual fixture installations, and ten-foot by ten-foot illuminance-grid plots for multifixture installations, which demonstrate
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compliance with the intensity and uniformity requirements as set forth in this chapter.
(2) Description of the proposed equipment, including fixture manufacturer's cutsheets, photometrics, glare reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
(3) The lighting plan must be prepared, and certified for compliance with the city's design requirements and illumination standards, by a qualified lighting professional. Qualified lighting professionals include electrical engineers, architects, lighting designers and manufacturers representatives.
(4) Lighting calculations may include only the illuminated areas; areas occupied
by buildings or other nonlighted areas must be excluded from calculations.
Proposed fixture locations, types, source of power, and demonstration of compliance with city lighting standards.
b. When requested by the city, the applicant must also submit a visual-impact plan
that demonstrates appropriate steps have been taken to mitigate on-site and off-
site glare and to retain the city's character.
c. Post-approval alterations to lighting plans or intended substitutions for approved lighting must only be made after city review and approval.
1719. Miscellaneous.
a. Public lands. Describe how the subdivision will affect access to any public lands.
Where public lands are adjacent to or within 200 feet of the proposed development, describe present and anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be preserved/enhanced.
b. Hazards. Describe any health or safety hazards on or near the subdivision, such as
mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions must be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also describe any on-site or off-site land uses creating a nuisance.
c. Wildlands-urban interface. Describe the subdivision's location within or proximity to the wildlands-urban interface (WUI) and ember zone designated by the most recent city-adopted hazard mitigation plan. Describe any hazard from the subdivision's proximity to the WUI. List any provisions that will be used to mitigate these hazards and reduce structure ignitability.
1820. Affordable housing. Describe how the subdivision will integrate with satisfy the requirements of division 38.380. The description must be of adequate detail to clearly identify those lots complying withdesignated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable.
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a. On all lots intended to comply with be used to satisfy the requirements of division 38.380, the allowable building envelope must be depicted.
19. A description of how the proposed subdivision advances the adopted growth policy.
Section 9
That Section 38.220.070 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.070. Final plat.
A. The following materials must be provided with each application for final plat approval. Materials must be provided in the number of copies and form established by the director of
community development.
1. The developer must 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 or other demonstrations of compliance with standards have been satisfactorily addressed. This narrative must be in sufficient detail to direct the
reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
21. A letter from the city engineer certifying that the following documents have been received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan; and/or
b. Approved and executed concurrent construction plan or improvements agreement.
bc. Copy of the state highway access or encroachment permit where a street created by the plat will intersect with a state highway.
32. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum
of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval.
43. Final park plan. For all land used to meet parkland dedication requirements, a final park plan must be submitted to the city for review and approval prior to final plat. The
final park plan must include all of the information listed in section 38.220.060.A.1516 and must include evidence of compliance with the installation requirements of division 38.270.
54. Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box.
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65. Affordable housing. If the plat has used the provisions of division 38.380, Tthe developer must provide a description of how the subdivision has complied with division 38.380. The description must be of adequate detail to clearly identify those lots designated as subject to division 38.380 compliance requirements and to make the
obligations placed on the affected lots readily understandable.
76. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must:
a. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title
block including the quarter-section, section, township, range, principal meridian,
county, and, if applicable, city or town in which the subdivision is located.
b. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the
use of particular parcels.
c. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied.
d. Include a notation stating that the information shown is current as of the date of
the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations.
e. Include a notation stating that buyers of property should ensure that they have
obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing.
f. List all associated recorded documents and recorded document numbers.
g. Include a tabulation of parkland credit for the entire subdivision and attributed to each lot.
h. Include a tabulation of open space.
i. List easements, including easements for agricultural water user facilities.
87. Documents. The following documents must accompany the final plat:
a. A title report or certificate of a title abstractorsubdivision guarantee per MCA 76-3-612;
b. Any covenants or deed restrictions relating to the subdivision;
c. The security required pursuant to section 38.270.060, securing the future construction of any remaining private or public improvements to be installed;
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d. Unless otherwise provided in this chapter, copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer that all required improvements which have been installed are in conformance with the attached
plans. The subdivider must file copies of final plans, profiles, grades, and
specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer that all required improvements which have been installed are in conformance with the attached plans, with the city engineering division, of the department of public works and the city parks
department. A statement must be included on the conditions of approval sheet
stating where the plans can be obtained;
e. If a street, alley, avenue, road, or highway created by the plat will intersect with a state or federal right-of-way, a copy of the access or encroachment permit;
f. A title report or certificate of a title abstractor subdivision guarantee for any off-
site land intended to satisfy park dedication requirements. The subdivision
guarantee must be dated no earlier than 30 calendar days prior to submittal.;
g. Any deeds and real estate transfer certificate, or other documents for transfer of land and/or improvements to the city or the property owners' association or other entity;
h. Any deeds or documents for transfer of water rights; including but not limited to
all required state department of natural resources and conservation documentation, e.g. ownership update form, permit, groundwater certificate and/or change authorization; and
i. Any other documents satisfying subdivision application approval required by the
governing body to be filed or recorded.
9. For non-public improvements, the developer must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, ADA accessibility requirements, private infrastructure, and other required elements were installed in
accordance with the approved plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC.
8. The developer must 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 must be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
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Section 10
That Division 38.220 Part 2 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.300. General.
When required, the supplementary documents described in this division, must be submitted
in draft form with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block must be used.
Sec. 38.220.310. Property owners' association.
A. The City must approve the governing documents or amendments to the governing
documents of a subdivision or other development if as part of the approval the city required
the governing documents to include provisions that directly and materially address a condition of approval or other adopted standards related to the development including but not limited to 38.270.090.
BA. When ApplicableGeneral. If the review authority determines a common area or open space,
facility, or any other infrastructure is to be created or constructed as part of the development and such common area or open space, facility, or infrastructure is required to be either owned by or maintained by the property owners' association the developer must provide supplemental documents, as applicable, that (i) transfer ownership of common area, facility, or infrastructure to the property owners' association; (ii) provide for the perpetual
maintenance of common area, facility, or infrastructure by the property owners' association; and (iii) identify if access to the common area open space or facility is available to the public or is restricted to the members of the property owners' association. Property owners' association bylaws or the declaration of covenants, conditions and restrictions must be prepared and recorded with the final plat or plan.
CB. Bylaws or covenants, conditions and restrictions contents. The items listed below are
required to be included in the property owners' association bylaws or declaration of covenants, conditions and restrictions and must be clearly identified within the documents. The covenants must at a minimum, provide:
1. The property owners' association will be formed before any properties are sold.
2. Membership is automatic and mandatory for each property or unit buyer and any
subsequent buyer.
3. Means of enforcing the covenants, and of receiving and processing complaints.
4. Common area and facilities must be perpetually reserved.
5. The association is responsible for liability insurance, any applicable tax assessments
and the maintenance of any common area or facilities.
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6. Property or unit owners must pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels.
7. The association may adjust the assessment to meet changed needs.
8. The conditions and timing of the transfer of ownership and control of common areas
and facilities from the declarant to the association.
9. The permission of the city commission is required before the association can be dissolved or the boundaries altered.
10. Regular maintenance program for items included in section 38.270.090.A and any
other common area and facilities and that the association is responsible for the
maintenance program.
DC. If the property owners' association fails to install or maintain improvements according to approved plans, the city may, at its option, complete construction of improvements and/or maintain improvements in compliance with section 38.220.320200 and division 38.270 of
this chapter. The city's representative, contractors and engineers must have the right to enter
upon the property and perform such work, and the property owners' association must permit and secure any additional permission required to enable them to do so. The city will bill the property owners' association for any costs associated with the installation or maintenance of improvements.
D. For a multiphase project, the property owners' association must be created for the entire
project with the first phase.
E. To ensure continued maintenance of common areas and facilities, and on-going fulfillment of all obligations no property may be removed from the property owners' association without prior approval by the city commission.
Sec. 38.220.320. Covenants.
A. The city may require covenants to be recorded with the final plat or condominium when it is determined they are necessary for the protection of the public health, safety and general welfare and compliance with conditions of approval or compliance with standards including but not limited to 38.270.090. Review of covenants must comply with section
38.240.150.A.3. All covenants must be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat or other final approval document, they must be contained in a separate instrument which must be recorded with the final plat or prior to final approval of other applications. The covenants may be required to include, but are not limited to, the following provisions:
1. That all county declared noxious weeds will be controlled as required in MCA Title 7, Chapter 22, Part 21.
2. A section addressing agricultural uses of neighboring properties in the following form:
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"Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays
and the use of machinery early in the morning and sometimes late into the evening."
3. That all fences bordering agricultural lands must be maintained by the landowners in accordance with MCA Title 70 Chapter 16 Part 2, Title 81 Chapter 4 Part 1, or other relevant state law.
4. That any covenant which is required as a condition of the preliminary plat approval or
other development and required by the city commission may not be amended or
revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants, and the city commission.
5. Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan consistent with 38.270.090 providing for the permanent
care and maintenance of common areas and facilities. The same must be submitted to
the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a property owners' association and, the applicant must record the proposed documents governing the association at the time of final plat filing. Creation of a special maintenance district
satisfies this requirement.
6. Common area and facility maintenance guarantee and process. In the event the organization or any successor organization established to own and maintain common areas and facilities, must at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the city may
cause written notice to be served upon such organization or upon the owners of property in the development. The written notice must set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice must include the demand that the deficiencies noted be cured within 30 days thereafter and must state the date and place of a public meeting to be
held within 14 days of the notice. At the time of public meeting, the city commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the city may enter upon such common facilities and maintain the same for a period of one year, in order to preserve
the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance must not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the commission must, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a
public meeting and give notice of such meeting to the organization responsible for maintenance or the property owners' of the development. At the meeting, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the city should not be continued for a succeeding
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year. If the city commission determines that it is not necessary for the city to continue such maintenance, the city must cease such maintenance at the time established by the city commission. Otherwise the city must continue maintenance for the next succeeding year subject to a similar meeting and determination at the end of each year
thereafter.
a. The cost of maintenance by the city must be a lien against the common facilities of the development and the private properties within the development. The city commission must have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance
of the facilities could make such assessments. Any unpaid assessment must be a
lien against the property responsible for the same, enforceable the same as a mortgage against such property. The city may further foreclose its lien on the common facility by certifying the same to the county treasurer for collection as in the case of collection of general property taxes.
b. Should the property owners' association request that the city assume permanent
responsibility for maintenance of facilities, all facilities must be brought to city standards prior to the city assuming responsibility. The assumption of responsibility must be by action of the city commission and all costs to bring facilities to city standards must be the responsibility of the property owners'
association. The city may create special financing mechanisms so that those
properties within the area affected by the property owners' association continue to bear the costs of maintenance.
c. The city must assume permanent responsibility for maintenance of public areas and facilities when a dedicated funding mechanism is adopted.
7. Guarantee for open space preservation. Open space shown on the approved final plan or in the approved plat application must not be used for the construction of any structures not shown on the final plan.
8. Covenants may not contain provisions which inhibit compliance with the requirements of division 38.380, for those developments subject to division 38.380. Some examples
are: privately required minimum home or lot sizes which cannot be met.
89. Covenants and condominium declaration documents must require condominiums to be assigned street addresses in compliance with chapter 10, article 7 BMC. Addressing must not use X or other generic statements. Draft documents submitted for review prior to final approval must include correct addresses.
910. Stormwater facilities maintenance as required by chapter 40 article 4 BMC.
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Section 11
That Section 38.220.420 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.420. Notice requirements for application processing.
A. The following minimum standards for timing, location of noticing area and type of notice
must be provided.
1. Noticing provisions are cumulative with the maximum combination of noticing requirements being provided. When more than one newspaper notice is required, only one of the required publication dates must fall within the minimum and maximum days required. Newspaper publications for public hearings follow the requirements of MCA
7-1-4127 in addition to the requirements of Table 38.220.420.
2. Distance in Table 38.220.420 is the distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public
ownership.
3. Notice must be provided not less than 15 or more than 45 calendar days prior to the close of the public comment period or public hearing unless otherwise specified in this chapter.
4. Mail by first class or certified mail is to all landowners within 200 feet.
5. For all developments in Table 38.220.040 which require mailed notice, the applicant
must provide a list of names and addresses of all property owners, including names and addresses of owners of individual condominiums, wholly or partially within 200 feet of the site. The list must be drawn from the most current known property owners of record as shown in the records of the county clerk and recorder's office. Where
certified mail is required separate mailing labels may also be required.
6. The community development director will establish procedures for mailing notice.
7. The applicant is responsible for mailing notice. The city will provide the notice to the applicant for duplication not less than four days prior to the notice period. The notice must be distributed such that notices are submitted to the United States Postal Service
at least two days before the beginning of the notice period. The return address on the
envelopes must be the mailing address established by the community development director.
B. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing or other public comment opportunity, or if one or more of the required
posted signs in the area or on the site for which the public hearing or other public comment
opportunity is being held is inadvertently moved through no fault of the city, this in no way invalidates the legal notice requirements of the scheduled public hearing or other public comment opportunity.
C. Notice may also be provided to property owners' in any additional area that may be
substantially impacted by an application the proposed change or use as determined by the
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community development director. The community development director may use other means in addition to posting, mailing, or publication to provide notice.
D. Notice is not required for final plans and final plats.
D. 1. For all developments in Table 38.220.040 which require mailed notice, the applicant must
provide a list of names and addresses of all property owners, including names and addresses of
owners of individual condominiums, wholly or partially within 200 feet of the site. The list must be drawn from the most current known property owners of record as shown in the records of the county clerk and recorder's office. Where certified mail is required separate mailing labels may also be required.
2. The community development director will establish procedures for mailing notice.
3. The applicant is responsible for mailing notice. The city will provide the notice to the applicant for duplication not less than four days prior to the notice period. The notice must be distributed such that notices are submitted to the United States Postal Service at least two days before the beginning of the notice period. The return address on the envelopes must be
the mailing address established by the community development director.
Table 38.220.420 Minimum standards for timing, location of noticing area and type of notice.
Application Minimum
Days12
Maximum
Days12
Distance1 Notice Type
Text amendment 15 45 NA Newspaper
once
Zone Map Amendment2 -
rezoning or with annexation
15 45 200 Newspaper
once, post
on-site, mail
1st class
Zone Map AAmendment2 -
Resulting from ordinance
changes
15 45 None Newspaper
once
ZMA2 - Annexation w/
initial zoning
15 45 None Newspaper
once, post
on-site, mail
1st class
Variance -– Floodplain and,
zoning, and subdivision
15 45 200 Newspaper
once (zoning
2 times),
post on-site,
mail 1st
class
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Noticing for 76-2-402, MCA
claims
15 45 None Newspaper 2
times, post
on-site
Deviation 15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Appeals of Administrative
Project Decisions3
15 45 2003 Newspaper 2
times, post
on-site, mail
1st class
Appeals of Administrative
Interpretations
None Newspaper
Sketch plan/reuse/change in
use/further development
None None None None
Sketch plans for adding
dwellings in the
neighborhood conservation
overlay district, demolition
of historic structures as
defined in article 7 of this
chapter, or modification of
wetlands. Sketch plan4
15 45 None Post on-site
Informal/concept plan None None None None
Preliminary site plan and
master site plan
15 45 200 Post on-site,
mail 1st
class
Preliminary Planned Unit
Development5
15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Preliminary Conditional Use
Permit6 / Special Use
Permit13
15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Floodplain permit 15 45 200 Newspaper,
mail 1st
class
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Certificate Of
Appropriateness7
None None None None
Final site plan None None None None
Final PUD plan None None None None
Final CUP plan None None None None
Subdivision exemption None None None None
Subdivision subject to 76-3-
616 MCA including
subdivision or other
variances
200 Post on-site,
mail 1st
class
Subdivision subject to 76-3-
623 MCA
200 Newspaper ,
post on-site,
certified
mail to
adjacent
owners,
mail 1st
class all
others
1st minor subdivision
without variance -
preliminary plat/ Extensions
of subdivision approvals
beyond two years
15 45 200 Mail 1st
class
1st minor subdivision with
variance/2nd minor/major
subdivision/expedited
subdivision - Preliminary
plat
15 (Planning
Board)
45(Commission) 200 Newspaper8 ,
post on-site,
mail 1st
class9 ,
certified
mail10
Final plat None None None None
Notice of violation per
38.200.16011
15 45 None Post on-site,
cCertified
mail to
landowner
Notes:
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1. The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership.
2. Zone map amendment, division 38.260 of this chapter.
3. Posting and mailing only applies to appeals taken from actions to approve, approve
with conditions or deny a development proposal and not to appeals of administrative interpretations.
4. Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification
of wetlands.
5. Planned unit development, division 38.430 of this chapter.
6. Conditional use permit, division 38.230 of this chapter.
7. Certificate of appropriateness, division 38.340 of this chapter.
8. When newspaper notice is required the notice must be published in a newspaper of
general circulation.
9. Mail by first class to all landowners within 200 feet except those subject to certified mail. When a condominium includes land within the 200 foot distance all owners in the condominium are included in the noticing, not only those units within 200 feet.
10. Certified mail must be sent to recorded purchasers under contract for deed in addition
to owners of physically contiguous property and the subdivider.
11. Notices of violation subject to section 38.200.160.
12. Days prior to the close of the public comment period or public hearing unless otherwise specified in this chapter.
13. Special use permit, section 38.230.120 of this chapter.
Section 12
That Division 38.240 Part 1 of the Bozeman Municipal Code be amended as follows:
DIVISION 38.240. SUBDIVISION PROCEDURES
Part 1. Subdivision and Platting Administrative Procedures
Sec. 38.240.010. Transfers of title.
A. Unless the plat is located in an area where the state or the city does not have jurisdiction, no transfer of title may occur except as allowed in MCA 76-3-301, 76-3-302, and 76-3-303. every final subdivision plat must be filed for record with the county clerk and recorder
before title to the subdivided land can be sold or transferred in any manner. After a
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preliminary subdivision plat has been approved or conditionally approved, the developer may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met:
1. Under the terms of the contracts, the purchasers of lots in the proposed subdivision
must make any payments to an escrow agent which must be a bank or savings and loan
association chartered to do business in the state;
2. Under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the developer until the final plat of the subdivision is filed and of record with
the county clerk and recorder;
3. The contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the county clerk and recorder within two years of the preliminary plat approval, the escrow agent must immediately refund to each purchaser any payment made under the contract;
4. The county treasurer has certified that no real property taxes and special assessments
assessed and levied on the land to be divided are delinquent; and
5. The contracts must contain the following language conspicuously set out therein: "The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to
the property cannot be transferred in any manner."
B. Unless the plat is located in an area where the state or the city does not have jurisdiction, the county clerk and recorder may not record any instrument that purports to transfer title to a parcel or tract of land that is required to be surveyed by the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) unless the required certificate of survey or subdivision
plat has been filed with the county clerk and recorder and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat. This provision does not apply if the parcel or tract to be transferred was created before July 1, 1973, and the instrument of transfer for the parcel or tract includes a reference to a previously recorded instrument of transfer or is accompanied by documents that, if recorded, would otherwise
satisfy the requirements of this subsection B. The reference or document must demonstrate that the parcel or tract existed before July 1, 1973. However, these references or documents do not constitute a legal description of the property and may not be substituted for a legal description of the property.
Sec. 38.240.020. Effect of recording complying plat.
The recording of any plat made in compliance with the Montana Subdivision and Platting
Act (MCA 76-3-101 et seq.) has the effects established in MCA 76-3-304. serves to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat, properly certified by the county clerk and recorder as being a true copy thereof, must be regarded as incorporated into the instrument
of conveyance and must be received in evidence in all courts of this state.
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Sec. 38.240.030. Correction of errors, amendments or vacation of recorded final plats.
A. Correction of errors. Correction of errors by private parties that, in the opinion of the city, will not materially alter the plat may be made by the submission of a corrected final plat for the city's approval per 38.240.160. The plat may be filed under the procedures for first minor subdivision plats. The plat must be entitled "amended plat of the (name of
subdivision) subdivision," and the reason for the correction must be stated on the face of the plat.
B. Material alterations. Amendments that materially alter the final plat, or any portion thereof, must be made by the filing of an amended plat showing all alterations. The amended plat must be approved by the city under the major or minor subdivision review procedure as if it
were a new application, as is appropriate. Prior to such approval, the amended plat must be reviewed by the community development department. The city may not approve an amendment which will place the plat in nonconformance with any applicable the standards contained herein unless a public hearing is held on the plat and a written variance from the
standards approved issued pursuant to the procedures contained herein for such variances is
granted. The plat must be entitled "amended plat of (the name) subdivision," and the reason for the amendment must be stated on the face of the plat.
C. Vacating recorded plats. Any plat prepared and recorded as provided by this chapter may be vacated, in whole or in part, as provided by MCA 76-3-305. by MCA 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the
city, or the district court, as provided in MCA 7-5-2502, must determine to which properties the title to the streets and alleys of the vacated portions must revert. The city, or the district court, as provided in MCA 7-5-2502, must take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted or conveyed; the
reasons stated in the petition requesting the vacation; the parties requesting the vacation;
and any agreements between the adjacent property owners' regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.
1. Utility easements. When any poleline, pipeline or any other public or private facility is
located in a vacated street or alley at the time of the reversion of the title to the vacated
street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public or private utility facility.
Sec. 38.240.040. Correction of recorded plat by governing body.
When a recorded plat does not definitely show the location or size of lots or blocks, or the location or width of any street or alley, the city may at its own expense cause a new and correct survey and plat to be made and recorded in the office of the county clerk and recorder. The corrected plat must, to the extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey must endorse the corrected plat referring to the original plat, and
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noting the defect existing therein and the corrections made.Under the circumstances set in MCA 76-3-614 the City Commission may require correction of a recorded plat.
Sec. 38.240.050. Disposition of water rights.
A. When a subdivision creates parcels with lot sizes averaging less than five acres, the
developer must address disposition of water rights as required in MCA 76-3-504.:
1. Reserve all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transfer the water rights to a single entity for use by the landowners within the subdivision who have a legal right to the water and reserve and
sever any remaining surface water rights from the land;
2. If the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement administered through a single entity that specifies administration and the rights and responsibilities of landowners within the subdivision
who have a legal right and access to the water; or
3. Reserve and sever all surface water rights from the land proposed for subdivision.
Section 13
That Division 38.240 Part 2 of the Bozeman Municipal Code be amended as follows:
DIVISION 38.240. SUBDIVISION PROCEDURES
Part 2. Review Procedures for Subdivisions
Sec. 38.240.100. General review procedure.
Every plat of subdivision must be reviewed, approved by the City Commission and filed for record with the county clerk and recorder in accordance with the procedures contained herein
before title to the subdivided land can be sold or transferred in any manner. The applicant must
identify the review procedure they intend to use as part of the initial application for preliminary plat. When determining the number of lots in a subdivision all created parcels including park and utility lots count towards the total number of lots. Subdivisions containing six or more lots are considered major subdivisions. A subdivision containing five or fewer lots, in which proper
access to all lots is provided and in which no land is to be dedicated to public use for parks and
playgrounds, is a minor subdivision.
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Subdivision Type Pre-application Review
Required
Element and Sufficiency Review
Required
Preliminary Plat Review Period After
Sufficiency
Public Hearing Held By
Review Authority
Expedited Subdivision per 76-3-623 MCA
All Type Yes Yes 35 working days City Commission City Commission
Subdivisions Subject to 76-3-616 MCA
1st Minor Yes Yes 35 working days None City Commission
2nd or
Subsequent Minor
Yes Yes 60 working
days
None City
Commission
Major – 6-50 lots
Yes Yes 60 working
days
None City
Commission
Major >50 lots Yes Yes 80 working days None City Commission
Phased Development Per 76-3-617 MCA
Any Type Yes Yes 30 working days City Commission City Commission
Sec. 38.240.110. Presubmittal meeting and pPre-application plan review.
A. The purpose of a pre-application plan review is to discuss this chapter and these other
applicable standards, to familiarize the developer with the standards, goals and objectives of
applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it relates to these matters.
1. Minor All subdivisions. Prior to the submittal of a subdivision application for a minor subdivision, the developer must submit an application for subdivision pre-application
review.
2. Major subdivisions. Prior to the submittal of a subdivision application for a major subdivision, the developer must submit an application for subdivision pre-application review. The developer is encouraged to have a presubmittal meeting with the community development department prior to submitting a subdivision pre-application.
23. Pre-application plan review. For subdivision pre-application review, the developer
must submit a complete application for pre-application plan review, the appropriate
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review fee, and copies of all required pre-application information as set forth in section 38.220.030.
a. Community development department City review. The community development department coordinates the review within the City and with outside agencies. must
review the pre-application plan and advise the developer as to whether the plans
and data meet the goals and objectives of applicable plans and this chapter.
(1) Agency review. The community development department will distribute the pre-application information to appropriate county and city departments and state and federal agencies for review and written comment. All written
comments received from various agencies, along with the community
development department's comments regarding whether the plans and data meet the standards, goals and objectives of applicable plans, ordinances, and this chapter, and for informational purposes identification of local regulations, state laws, and growth policy provisions that may apply to the
subdivision process, will be forwarded to the applicant to aid in the
preparation of the subdivision application. The community development department must provide a list of the public utilities, agencies of government, and other parties who may be contacted and their timeframes for comment on the subdivision application. The comments collected by the community
development department must be provided in person or by letter to the
subdivider or their agent within 30 working days of a complete application being received by the city. The 30 working day review period is met if the letter is dated, signed and placed in the outgoing mail within the 30 working day review period.
(2). The applicant may request a waiver from information required to be submitted with a preliminary plat. In order to be granted a waiver the applicant must include with the submission of the subdivision pre-application a written statement describing the requested waiver and the reasons upon which the request is based. All waivers must be initially
identified with the pre-application stage of review. The DRC is responsible for granting waivers, and the community development department staff must notify the developer in writing of any waivers granted from section 38.220.060 after the pre-application review. Information not waived at the time of pre-application must be provided with the preliminary plat
application.
(32) Time for review. The community development department must review the pre-application plan and within 30 working days advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this chapter. Every effort must be made by the community development
department to obtain department and agency comment within this time period.
b. Optional planning board review. If the developer so wishes, the developer may request in writing that the planning board review pre-application plans. The letter
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of request and additional copies of the pre-application materials are required for this optional review.
(1) The request must be received at least 320 working days prior to the planning board meeting at which it is to be considered. The application will be
submitted to the planning board at their next available meeting. A copy of
the approved minutes of the planning board meeting will be forwarded to the developer. Comments are advisory and are not binding or limiting on the City’s review of any subsequent subdivision application.
c. Time for follow-up submittal. A complete subdivision preliminary plat application
must be submitted to the community development department within one calendar
year of the date the planning office dates, signs and places the letter in the outgoing mail or sends the letter via electronically mail.
d. The property owner will not receive No formal written notification on the acceptability or adequacy of a subdivision pre-application plan submittal is
provided. Written comments as to applicability of standards, requested waivers,
required corrections, and procedures will be provided at the conclusion of the review. Written comments may be provided electronically.
Sec. 38.240.120. Concurrent Montana Subdivision and Platting Act and Sanitation and
Subdivision Act review.
For Sanitation and Subdivision Act review, the developer has the option of submitting a state department of environmental quality (DEQ)/local government joint application form in the place of a preliminary plat application form, and to request concurrent subdivision review by the state department of environmental quality and the city, pursuant to MCA 76-4-129. Subdivisions granted the exemption from sanitation review authorized in MCA 76-4-127 do not need to use
this provision.
Sec. 38.240.130. Preliminary plat – All Subdivisions Agency Review.
A. After the requirement for a pre-application review has been satisfied, the developer may submit a subdivision application within one year of the date of the city's written comments
as required by section 38.240.110.A.3.a(2). Subdivision applications must be submitted, along with the appropriate review fee and all required subdivision application information as set forth in division 38.220 of this chapter to the community development department and must conform to the requirements of this chapter. The preliminary plat must be prepared by a surveyor licensed to practice in the state.
1. Acceptability and adequacy Element and sufficiency review of application. The City shall complete the review for required elements and sufficiency as required in MCA 76-3-604. The working days specified in 76-3-604 are met if the written communication is dated and placed in the outgoing US mail, or sent electronically, within the required time. The time limits in subsections 1.a and b of this section apply
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to each successive submittal of the application until a determination is made that the application contains the required materials and is adequate for review and the subdivider or their agent is notified.
a. The community development department must review a subdivision application
within five working days of receipt of the application and applicable fee. A
subdivision application is considered to be received on the date of delivery to the reviewing agency if it is accompanied by the applicable review fee. An application is acceptable only if it contains all of the information required by this chapter. If the application is unacceptable, the application, and a written
explanation of why the application is unacceptable will be returned to the
subdivider. If the application is acceptable the subdivider must be so notified. The property owner may designate in writing another party to receive notifications regarding acceptability. The five working day review period is met if the letter is dated, signed and placed in the outgoing mail within the five working day review
period. If the applicant chooses to withdraw the application, the applicant may
request a refund if procedures for such have been created in the administrative manual adopted by the director of community development. Subsequent resubmittal must require payment of a review fee as if it were a new application.
b. After the application is deemed acceptable it must be reviewed for adequacy. The
review for adequacy must be conducted by the appropriate agency with expertise
in the subject matter. The adequacy review period begins on the next working day after the date that the community development department determines the application is acceptable and sends the required notice to the subdivider; and must be completed within not more than 15 working days. The 15 working day review
period is met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the subdivider. If the application is adequate the subdivider must be so notified. The property owner may designate in writing another party to receive notifications
regarding adequacy.
(1) The City must notify the applicant if required information is missing from the application. In the event the missing information is not received by the city and the applicant has not provided an alternate schedule for timely submittal of the required information within 15 30 working days of notification to the subdivider
of inadequacy, the City may declare the application unreviewable and terminate the review. all application materials except the city's file record copy must be returned to the subdivider or their representative. Subsequent resubmittal will require payment of a review fee as if it were a new application.
(12) A determination that an application is adequate does not restrict the city from
requesting additional information during the subdivision review process. A determination of adequacy establishes the applicable review criteria as specified in section 38.200.080.A.
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b.c. At the time of the pre-application review, Tthe DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are
necessary for proper review of the development, the materials must be provided
before review is completed.
2. Review by affected agencies. After an application is deemed acceptable, the community development department may submit copiesprovide the contents of the preliminary plat and supplementary information to relevant public utilities and public agencies for
review and comment, and for major subdivisions to the planning board for its advice
pertaining to the approval or denial of the subdivision application. Review by public agencies or utilities must not delay the city commission's consideration of the subdivision application beyond the statutorily specified review period. If the community development department must request review by a public utility, agency of
government, and other parties regarding the subdivision application that was not
identified during the pre-application review the community development department must notify the subdivider.
38.240.140 Subdivision Notice and Public Comment
A. All subdivisions require notice and opportunity for public comment. Not all subdivisions
require a public hearing. Notice of subdivision is provided as required in 38.220 Part 3.
a1. Public testimony. All written public comment received at or prior to a public hearing or during a public comment period must be incorporated into the written record of the review. Minutes or a recording must be taken of verbal comment received during any public hearing or public meeting.
23. Planning board review. At a regularly noticed public meetinghearing, the planning board
must reviews all major subdivision applications as identified in 38.240.100, together with required supplementary plans and information, and determines whether the plat is in compliance with the city's growth policy. The planning board must hold a public hearing on all major subdivisions. Pursuant to MCA 76-1-107, the planning board has delegated
its review of all minor subdivisions from a tract of record to the community development
director.
a. Public testimony. All written public comment received at or prior to a public hearing must be incorporated into the written record of the review. Minutes must be taken of verbal comment received during the public hearing or public meeting before the
planning board and must be incorporated into the written record of the review. Copies
of the minutes and written comments must be included in any recommendation made to the city commission by the planning board.
b. Planning board recommendation. Within ten working days of their review, the planning board must submit in writing to the city commission its advice regarding
compliance with the city's growth policy, and a recommendation for approval,
conditional approval or denial of the subdivision application.
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3. If an applicant proposes a phased subdivision per 76-3-617 MCA additional public notice and hearing consistent with 76-3-617 MCA must be conducted.
4. Community development director review. The community development director must review all minor subdivision applications, together with required supplementary plans and
information, and determine whether the plat is in compliance with the city's growth policy.
The community development director must make a written recommendation including a summary of the agency review and analysis of the review criteria established in this chapter and a recommendation for approval, conditional approval or denial of the subdivision application.
a. Public testimony. All written public comment received during the community
development director's review must be incorporated into the written record of the review. Copies of written comments must be included in any recommendation made to the city commission by the community development director.
5.38.240.150 City commission review and action.
A. The city commission must review and take action on all proposed subdivisions.
1a. The following general review requirements for a public hearing or a public meeting, and for statutory review periods, per 38.240.100 must be met.:
2. The city commission must determine whether public comments or documents presented at or prior to the City Commission’s consideration of a plat constitutes new
information as required in MCA 76-3-615.
(1) First minor subdivision created from a tract of record. The city commission must consider the subdivision application and the community development director's recommendation during a regular public meeting of the commission. The city commission, when legal and physical access is provided to all lots must approve,
conditionally approve or deny the subdivision application of a first minor
subdivision within 35 working days of the determination that the application is adequate, unless there is a written extension from the developer for a period not to exceed one year from the date the application was determined to be adequate. A minor subdivision must be reviewed as a second or subsequent minor subdivision
if the tract has been previously subdivided or created by a subdivision; or the tract
has descended from a tract of record which has previously been divided by exemption or other means into 6 or more tracts of record since July 1, 1973.
3. (a) Variance requests for minor subdivisions. If the developer of a minor subdivision is requesting a variance from any requirement of this chapter, the
procedures of section 38.250.080 must be followed except that a public hearing
must not be held.
(2) Subdivisions eligible for summary review. The city commission must consider the application and the community development director's recommendation during a regular public meeting of the commission. The city commission must approve,
conditionally approve or deny a proposed subdivision that is eligible for summary
review within 35 working days of determination that the application is adequate,
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unless there is a written extension from the developer. TheA written extension to the required review period may not exceed one year. Minor subdivisions are eligible for summary review if the plat has been approved by the state department of environmental quality whenever approval is required by MCA 76-4-101 et seq.
(3) Second or subsequent minor subdivision created from a tract of record. For the
second or subsequent minor subdivision created from a tract of record, the city commission must hold a public hearing on the subdivision application. The city commission must approve, conditionally approve or deny the subdivision application of a second or subsequent minor subdivision within 60 working days
of the determination that the application is adequate for review, unless there is a
written extension from the developer, not to exceed one year from the date the application was determined to be adequate.
(4) Major subdivisions. For a major subdivision, the city commission must hold a public hearing on the subdivision application. The city commission must approve,
conditionally approve or deny the subdivision application within 60 working days
of the determination that the application is adequate for review if the subdivision has less than 50 lots, and within 80 working days of the determination that the application is adequate for review if the subdivision has 50 or more lots, unless there is a written extension from the developer, not to exceed one year from the
date the application was determined to be adequate.
(5) Public testimony. All written public comment received at a public meeting or public hearing prior to a decision to approval, approve with conditions, or deny a subdivision application must be incorporated into the written record of the review. Minutes must be taken of verbal comments received during the public hearing
before the city commission and must be incorporated into the written record of the review maintained by the city.
(6) New and credible information. The city commission must determine whether public comments or documents presented to the city commission at a public hearing regarding a subdivision application held pursuant to section
38.240.130.A.5 constitute:
(a) Information or analysis of information that was presented at a public hearing held pursuant to section 38.240.130.A.5 that the public has had a reasonable opportunity to examine and on which the public has had a reasonable opportunity to comment; or
(b) New information regarding a subdivision application that has never been submitted as evidence or considered by either the city commission, planning board or by city staff at a hearing during which the subdivision application was considered.
(c) If the city commission determines that the public comments or
documents constitute new information not previously considered at a public hearing, the city commission may:
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(i) Approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible; or
(ii) Schedule or direct its agent or agency to schedule a subsequent
public hearing before the city commission for consideration of only the new information that may have an impact on the findings and conclusions that the governing body will rely upon in making its decision on the proposed subdivision.
(iii) In deciding whether the information is both new and credible the
city commission must consider:
(A) Whether the topic of the information has previously been examined or available for examination at a public hearing on the subdivision application;
(B) Whether the information is verifiable, and if applicable
developed by a person with professional competency in the subject matter;
(C) Whether the information is relevant to a topic within the jurisdiction of the city.
(d) If a subsequent public hearing is held to consider new and credible
information, the 60 working day review period required in section 38.240.130.A.5 is suspended and the new hearing must be noticed and held within 45 working days of the governing body's determination to schedule a new hearing. After the new hearing, the otherwise applicable
time limit for review resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve,
conditionally approve, or deny the proposed subdivision.
B.b. Criteria for city commission action. The basis for the city commission's decision to approve, conditionally approve or deny the subdivision must be whether the subdivision application, public hearing if required, planning advisory boards and agencies advice and recommendation and additional information demonstrates that
development of the subdivision complies with this chapter, the city's growth policy, the Montana Subdivision and Platting Act and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The city commission may not deny approval of a subdivision based solely on the subdivision's impacts on educational services; or based solely on parcels within the subdivision having been
designated as wildland-urban interface parcels by the most recent city-adopted hazard mitigation plan and its supporting documentation. When deciding to approve, conditionally approve or deny a subdivision application, the city commission must:
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1.(1) Review the preliminary plat, together with required supplementary plans and information, to determine if it meets the requirements of this chapter, the development standards and policies of the city, the city's growth policy, the Montana Subdivision and Platting Act, and other adopted state laws and local
ordinances, including but not limited to applicable zoning requirements.
2.(2) Consider written comments from appropriate public agencies, utilities or other members of the public.
3.(3) Consider the following:
(a.) Relevant evidence relating to the public health, safety and welfare;
(b.) Other regulations, code provisions or policies in effect in the area of the
proposed subdivision;
(c.) The recommendation of the advisory bodies; and
(d.) Any relevant public commenttestimony.
e. Individual phases, existing conditions, and changed circumstances for any
phase reviewed under 76-3-617 MCA.
4.(4) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for the certification established in section 38.240.170100 the city commission may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to section 38.220.050.A.9. or public
comment received pursuant to MCA 76-3-604 on the information provided
pursuant to section 38.220.050. A conditional approval or denial must be based on existing subdivision, zoning, or other regulations that the city commission has the authority to enforce.
5.(5) The city may not approve a proposed subdivision if any of the features and
improvements, including well isolation zones, of the subdivision encroach onto adjoining private property in a manner that is not otherwise provided for under Title 76, chapters 3 or 4, MCA., or if the well isolation zone of any proposed well to be drilled for the proposed subdivision encroaches onto adjoining private property unless the owner of the private property authorizes the encroachment.
For the purposes of this section, "well isolation zone" has the meaning provided in 76-4-102, MCA.
c. City commission action. If the city commission denies or conditionally approves the subdivision application, it must forward one copy of the plat to the developer accompanied by a letter over the appropriate signature stating the reason for
disapproval or enumerating the conditions that must be met to ensure approval of the final plat. This written statement must include:
(1) The reason for the denial or condition imposition;
(2) The evidence that justifies the denial or condition imposition; and
(3) Information regarding the appeal process for the denial or condition imposition.
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dC. Mitigation. The city commission may require the developer to design the subdivision to reasonably minimize potentially significant adverse impacts identified through the review required by this chapter. The city commission must issue written findings to justify the reasonable mitigation required by this chapter. The city commission may not
unreasonably restrict a landowner's ability to develop land, but it is recognized that in
some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the plat. When requiring mitigation under this subsection, the city commission must consult with the developer and must give due weight and consideration to the expressed preference of the developer.
eD. Findings of fact. Within 30 working days of the final action to approve, deny, or
approve with conditions a subdivision, the city commission must issue written findings of fact as required in 76-3-620 that discuss and weigh the following applicable criteria, as applicable ( pursuant to MCA 76-3-608, 76-3-616, and 76-3-623): as well as compliance with other laws and regulations applicable to the subdivision.
1.(1) Criteria.
a.(a) Compliance with the survey requirements of the Montana Subdivision and Platting Act;
b.(b) Compliance with this chapter and the review process of these regulations;
c.(c) The provision of easements to and within the subdivision for the
location and installation of any necessary utilities;
d.(d) 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; and
e.(e) For major subdivisions other than expedited or otherwise exempt subdivisions, the findings of fact must also address the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety.
(2) Required components. The written findings of fact must contain at a minimum:
(a) Information regarding the appeal process for the denial or imposition of conditions;
(b) The regulations and statutes used in reaching the decision to deny or impose conditions and explains how they apply to the decision;
(c) The facts and conclusions that the governing body relied upon in
making its decision to deny or impose conditions. The documents, testimony, or other materials that form the basis of the decision and support the conclusions of the governing body may be incorporated into the written findings by reference.
(3) Federal or state governmental entity input. If a federal or state governmental
entity submits a written or oral comment or an opinion regarding wildlife, wildlife
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habitat, or the natural environment relating to a subdivision application for the purpose of assisting a governing body's review, the comment or opinion may be included in the governing body's written statement under this section only if the comment or opinion provides scientific information or a published study that supports the comment or
opinion. A governmental entity that is or has been involved in an effort to acquire or
assist others in acquiring an interest in the real property identified in the subdivision application must disclose that the entity has been involved in that effort prior to submitting a comment, an opinion, or information as provided in this subsection.
hF. Changes to conditions after approval. Upon written request of the developer, the city
commission may amend conditions of subdivision application approval where errors
or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal are subject to the provisions of section 38.100.070.
(1.) The written request must be submitted to the community development
department.
(2.) The written consent of all purchasers of land (via contract for deed, etc.) must be included with the written request to amend conditions.
(3.) If it is an application for a major subdivision, the city commission must conduct a public hearing on the request. If it is an application for a minor subdivision, the
city commission must consider the request at a regularly scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be given in accordance with this chapter.
(4.) The city commission may approve the requested change if it meets the criteria set forth in this chapter.
(5.) The city commission must issue written findings of fact as required in this chapter.
38.240.160. Duration of Approval
A.f. Initial subdivision application approval period. Upon approving or conditionally approving
a subdivision application, the city commission must provide the developer with a dated and signed findings of fact and order. This initial approval must be in force for not more than:
1.(1) One calendar year for minor subdivisions;
2.(2) Two calendar years for single-phased major subdivisions; and
3.(3) Three calendar years for multi-phased major subdivisions after the date of the findings
of fact and order.
4. At the end of thise period, the city may, at the written request of the developer, extend its approval for a mutually agreed-upon period of time.
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5. Subdivisions reviewed under 76-3-617 MCA may not exceed a cumulative period for all phases to exceed 20 years.
Bg. Extensions of preliminary plat approval period. Any mutually agreed upon extension must be in writing and dated and signed by the subdivider or their authorized agent and by the
city commission or their authorized agent. More than one extension may be requested for a
particular subdivision. Each request is considered on its individual merits. An extension of the subdivision approval under this chapter does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. Review authority for extensions is established in division 38.220. When evaluating an
extension request, the city must consider:
1.(1) Changes to the development regulations since the original approval and whether the subdivision as originally approved is substantially compliant with the new regulations;
2.(2) Progress to date in completing the subdivision as a whole and any phases, including maintenance of the remainder of the site in good condition;
3.(3) Phasing of the subdivision and the ability for existing development to operate without
the delayed development;
4.(4) Dependence by other development on any public infrastructure or private improvements to be installed by the subdivision;
5.(5) Demonstrated ability of the subdivider to complete the subdivision;
6.(6) Whether mitigation for impacts of the subdivision identified during the preliminary
plat review and findings of fact and order remain relevant, adequate, and applicable to the present circumstances of the subdivision and community.
h. Changes to conditions after approval. Upon written request of the developer, the city commission may amend conditions of subdivision application approval where it can be
found that errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal are subject to the provisions of section 38.100.070.
(1) The written request must be submitted to the community development department.
(2) The written consent of all purchasers of land (via contract for deed, etc.) must be
included with the written request to amend conditions.
(3) If it is an application for a major subdivision, the city commission must conduct a public hearing on the request. If it is an application for a minor subdivision, the city commission must consider the request at a regularly scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be given in accordance
with this chapter.
(4) The city commission may approve the requested change if it meets the criteria set forth in this chapter.
(5) The city commission must issue written findings of fact as required in this chapter.
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Sec. 38.240.170140. Notice of certification that water and waste services will be provided by
local government.
A. If the developer is proposing to request an exemption from the department of environmental quality (DEQ) for infrastructure plan and specification review, the subdivision application
must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. The director of public works must, prior to final plat approval, send notice of
certification to the DEQ per MCA 76-4-127.
1. The notice of certification must include the following:
a. The name and address of the applicant;
b. A copy of the preliminary plat included with the application for the proposed subdivision or a final plat where a preliminary plat is not necessary;
c. The number of proposed parcels in the subdivision;
d. A copy of any applicable zoning ordinances in effect;
e. How construction of the sewage disposal and water supply systems or extensions will be financed;
f. Certification that the subdivision is within a jurisdictional area that has adopted a
growth policy pursuant to title 76, chapter 1, Montana Code Annotated (MCA 76-1-101 et seq.) and a copy of the growth policy, when applicable;
g. The relative location of the subdivision to the city;
h. Certification that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within the
time provided in MCA 76-3-507;
i. If water supply, sewage disposal or solid waste facilities are not municipally owned, certification from the facility owners that adequate facilities are available; and
j. Certification that the city commission has reviewed and approved plans to ensure
adequate stormwater drainage.
Sec. 38.240.150180. Final plat application.
A. After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the developer must cause to be prepared a final plat. The
final plat must conform to the uniform standards for final subdivision plats as set forth in
24.183.1107 ARM as may be amended and to the standards required by the county clerk
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and recorder. The applicant is responsible to verify that they are complying with the most recently adopted clerk and recorder standards. Plans and data must be prepared under the supervision of a registered surveyor, licensed in the state, as their licensing laws allow.
1. Final plat submittal. The final plat and all supplementary documents must be submitted
to the community development department at least 30 working days prior to the
expiration of subdivision application approval or any extension thereto. The submittal must include a final plat application form, the appropriate review fee, all information required by section 38.220.070 and a written explanation of how each of the conditions of subdivision application approval has been satisfied.
a. The final park plan, if one is associated with the plat, must be reviewed and
approved, after a recommendation from the city recreation and parks advisory board, prior to approval of or simultaneously with the final plat. The installation of any park improvements to meet minimum development standards or conditions of approval must comply with division 38.270 of this chapter.
2. County treasurer certification. A final plat will not be accepted as complete until the
county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent.
3. Review of abstract subdivision guarantee, deeds, and covenants.
a. With the final plat, the developer must submit to the community development
department a certificate of a licensed title abstractorsubdivision guarantee
showing the names of the owners of record of the land to be subdivided and of any off-site land used to satisfy parkland dedication requirements, and the names of lienholders or claimants of record against the land, and the written consent to the subdivision by the owners of the land, if other than the developer, and any
lienholders or claimants of record against the land. The certificate of licensed title abstractor must be dated no earlier than 30 calendar days prior to submittal. If necessary, the subdivision guarantee certificate must be updated so that the subdivision guaranteecertificate is dated no earlier than 90 days prior to the city commission's action on the final plat.
b. Covenants must be submitted to the community development department with the final plat application. At least 30 working days prior to submission of the final plat application to the community development department, the developer must submit a copy of the covenants to the city attorney's office.
c. If an improvements agreement will be required per section 38.270.060 then the
proposed associated financial security must be provided for review and approval at least 30 working days prior to submission of the final plat application for review by the city attorney.
d. Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required.
(1) 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
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property owners' association (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.
(2) For the transfer of personal property installed upon dedicated parkland or
city-owned open space, or POA-owned parkland or 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.
(3) The subdivider or owner of the property must record the deed or instrument
transferring ownership or interests 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.
(4) 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.
e.d. Certificates.
(1) Public lands/improvements must be described in the certificate of
dedication/consent, listed in the certificate of completion, and be completed or subject to an improvements agreement.
(2) Private lands/improvements must be described and addressed in the certificate of donation/grant and completion of private improvements, be
completed or subject to an improvements agreement.
4. Review by the community development department. The community development department will then review the final plat application to ascertain verify that all conditions and requirements for final approval have been met. If all conditions and requirements for final approval have been met, the community development
department must forward a report to the city commission for their action.
5. Final plat approval. The review authority city commission must examine every final plat, and within 45 working days of the date of receipt of a complete final plat application to the community development department, must approve it if it conforms to the conditions of preliminary approval and the terms of this chapter. "Date of
receipt" means the date of delivery of all fully executed required documents to the reviewing agency if accompanied by the applicable review fee. The city commission must examine every final plat at a regular meeting.
A final subdivision plat is not may not be approved by the city unless all certificates, with the exception of the director of public workscertificates to be signed by applicable
city officers and the county clerk and recorder, have been complied with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval
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have been met. A final subdivision plat may not be filed with the county clerk and recorder unless all certificates, with the exception of the county clerk and recorder, have been complied with, signed and notarized. This shall include the certification by the county treasurer that no real property taxes and special assessments assessed and
levied on the land to be subdivided are delinquent. A final subdivision plat may not be
approved by the review authority city commission or filed by the county clerk and recorder unless it complies with the uniform standards for final subdivision plats as established 24.183.1107, ARM as may be amended and as required by the Gallatin County Clerk and Recorder.
a. If the final plat is approved, the city officer director of public service shallmust so
certify the approval in a printed certificate on the plat.
b. If the final plat is denied, the city commission shall cause a letter to be written to the developer stating the reasons therefore.
6. Filing. The developer must file the approved, signed final plat and all other required
certificates and documents with the county clerk and recorder within 60 days of the
date of final approval.
Sec. 38.240.190160. Changes to filed subdivision plats.
Changes to a filed subdivision plat must be filed with the county clerk and recorder as an amended plat. An amended plat may not be filed unless it meets the filing requirements for a final subdivision plat specified in these regulations.
Section 14
That Division 38.240 Part 3 of the Bozeman Municipal Code be amended as follows:
Part 3. Land DSubdivisions Created by Rent or Lease and Buildings For Lease Or Rent
Sec. 38.240.200. General.
A. Rent or lease of buildings or portions of buildings otherwise subject to Title 76 Part 8, MCA are exempt from review under 76-8 MCA since the City has adopted the necessary zoning to apply the exemption authorized in 76-8-103, MCA.
Land subdivisions created by rent or lease, rather than sale, refer to areas that provide multiple
spaces for manufactured homes, mobile homes or recreational camping vehicles regardless of the size of the area or whether the spaces will be made available for rent by the general public for a fee. The land must be owned as one parcel under single ownership, which can include a number of persons owning the property in common. Subsequent action to sell
interests in less than the entirety of the development may necessitate review under Parts 5
and 6 of the Montana Subdivision and Platting Act prior to any sale. Land subdivisions created by rent or lease are not subject to this division 38.240 or the Montana Subdivision and Platting Act if:
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B. Per 76-3-103(16) MCA, development for rent or lease for recreational camping vehicles or manufactured homes, rather than sale of parcels of land is also considered a subdivision and subject to review procedures for subdivision.
1. They are developed on property which has been subdivided in compliance with Parts 5
and 6 of the Montana Subdivision and Platting Act or which have a boundary
documented by a certificate of survey recorded after July 1, 1973; and
2. They are reviewed as a site plan, conditional use permit, or planned unit development as described and authorized under this chapter; and
3. They comply with the adopted zoning regulations and other land development
standards adopted by the city.
B. DPHHS license. If a land subdivision by rent or lease, that will provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles is also a "campground," "trailer court," "work camp," or "youth camp" as defined below, the city must not grant final approval until the developer obtains a license for the facility from the
state department of public health and human services (DPHHS) under MCA tit. 50, ch. 52.
1. "Campground" means a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes.
2. "Trailer court" means a parcel of land upon which two or more spaces are available to
the public and designated for occupancy by trailers, manufactured homes or mobile
homes for use as residences. The term does not include a parcel composed of platted lots, if each lot:
a. Is filed with the county clerk and recorder;
b. Contains only one trailer space; and
c. Is served by a public water supply system and public sewage system that meet the requirements of rules for systems adopted pursuant to MCA tit. 75, ch. 6, pt. 1, and that are located within the boundaries of the City of Bozeman.
3. "Work camp" means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the
employees of the person and the families, if any, of the employees. For purposes of this subsection, "housing" includes but is not limited to camping spaces; trailer parking spaces; manufactured, mobile, modular or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining
facilities. Housing does not include shelter provided by an employer for persons who are employed to perform agricultural duties on a ranch or farm.
4. "Youth camp" means a parcel of land on which permanent buildings, tents or other structures are maintained as living quarters for ten or more people and that is used primarily for educational or recreational use by minors. The term includes any
appurtenant water supply and distribution system, sewage collection and disposal
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system, solid waste collection and disposal system, or food service and dining facilities.
C. Surveying and filing requirements exemption. Land subdivisions created by rent or lease are exempt from the surveying and filing requirements of the Montana Subdivision and Platting
Act.
D. Buildings for lease or rent. A building or buildings created for lease or rent on a single lot is not a subdivision of land but must be in conformance with applicable zoning regulations. For this section "building" means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or
property or for the operation of a business. Except as provided in MCA 76-3-103(15) the
term includes a recreational camping vehicle, mobile home, or cell tower. The term does not include a condominium or townhome.
Sec. 38.240.210. Land subdivisions created by rent or lease—Procedure, submittal
requirements and review criteria.
A. Land subdivisions created by rent or lease must be submitted, reviewed and approved by the city before any portions of the development may be rented or leased. The developer must apply for site plan and subdivision review.
B. Site plan review. All relevant procedures, submittal requirements and review criteria contained in division 38.230 of this chapter apply. The development must also comply with
the requirements of division 38.310 of this chapter and sections 38.360.190 and 38.360.250.
C. Subdivision review. The subdivision review procedure and review criteria for land subdivisions created by rent or lease will depend upon the number of spaces within the proposed development. Proposed developments containing five or fewer spaces for rent or lease must be reviewed as minor subdivisions according to the provisions of article 2 of this
chapter and proposed developments containing six or more spaces for rent or lease must be reviewed as major subdivisions according to the provisions of division 38.240 of this chapter.
1. Pre-application plan. The pre-application plan must be reviewed using the procedures contained in section 38.240.110. The submittal materials listed in section 38.220.030
must be provided.
2. Preliminary plan submittal and procedure. For land subdivisions created by rent or lease, the developer must submit a preliminary plan in lieu of a preliminary plat, a completed application for minor subdivision or major subdivision as appropriate, and the materials listed in sections 38.220.050 and 38.220.060.
3. Final plan submittal and procedure. For land subdivisions created by rent or lease, the developer must submit a final plan in lieu of a final plat, a completed final plat application and the materials listed in section 38.220.070.
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4. Supplementary materials. In addition to the submittal requirements of division 38.220 of this chapter, preliminary and final plans for land subdivisions created by rent or lease must show the following:
a. A layout of all spaces proposed for rent or lease;
b. Location of commonly owned areas and facilities; and
c. Parks and/or recreation areas.
5. Boundary lines. All preliminary and final plans may show approximate boundary, lot, right-of-way or other lines.
( Ord. No. 2059 , § 3, 1-26-2021)
Sec. 38.240.220. Land subdivisions created by rent or lease—Timing of improvements.
Before any portion of a land subdivision created by rent or lease can be rented or leased, all required improvements must be installed, inspected and found compliant with the approved plan, and where applicable accepted by the city.
Sec. 38.240.230. Land subdivisions created by rent or lease—Filing of final plan.
Once the final plan has been approved by the city, an original copy of the approved plan
must be filed with the county clerk and recorder as a "miscellaneous" document and another copy of the approved plan must be retained by the engineering division of the department of public works.
Section 15
That Section 38.240.300 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.300. Divisions of land entirely exempt from the requirements of this chapter
pertaining to subdivisions and the state subdivision and platting act.
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the
Montana Subdivision and Platting Act (the "Act"), the requirements of this chapter
pertaining to subdivisions and the Act may not apply to any division of land that:
1. Is created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in the state pursuant to the law of eminent domain (MCA 76-3-201(1)(a));
a. Before a court of record orders a division of land, the court must notify the
governing body of the pending division and allow the governing body to present written comment on the division;
b. Lots created as described in this section that do not comply with the standards of chapter 38, BMC are not "nonconforming" lots subject to section 38.32.030 and
are not individual buildable lots;
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c. Not more than four lots can be created by order of a court of record from an original tract or parcel.
2. Is created to provide security for mortgages, liens or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing purposes (MCA
76-3-201(1)(b));
a. This exemption applies:
(1)i. To a division of land of any size;
(2)ii. To a parcel that is created to provide security, however the remainder of the tract of land is subject to the provisions of the Montana Subdivision and
Platting Act and division 38.240 of this chapter if applicable;
b. Lots created as described in this section that do not comply with the standards of chapter 38, BMC are not "nonconforming" lots subject to section 38.280.030 and are not individual buildable lots;
3. Creates an interest in oil, gas, minerals or water that is severed from the surface
ownership of real property (MCA 76-3-201(1)(c));
4. Creates cemetery lots (MCA 76-3-201(1)(d));
5. Is created by the reservation of a life estate (MCA 76-3-201(1)(e));
6. Is created by lease or rental for farming and agricultural purposes (MCA 76-3-201(1)(f));
7. Is created for rights-of-way or utility sites. A subsequent change in the use of the land
to a residential, commercial or industrial use is subject to the requirements of the Montana Subdivision and Platting Act and division 38.240 of this chapter (MCA 76-3-201(1)(h));
8. Is created by lease or rental of contiguous airport-related land owned by a city, county,
the state, or a municipal or regional airport authority provided that the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities (MCA 76-3-205(1));
9. Is state-owned land unless the division creates a second or subsequent parcel from a single tract for sale, rent or lease for residential purposes after July 1, 1974 (MCA 76-
3-205(2)); and
10. Is created by deed, contract, lease or other conveyance executed prior to July 1, 1974 (MCA 76-3-206).
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Section 16
That Section 38.240.410 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.410. Dedication or consent.
A. All plats of subdivisions must contain a certificate of dedication or certificate of consent signed by the subdivider. In the case of corporate ownership, the proper corporation officer must sign, a corporate notary form must be used, and the corporate seal must be affixed.
The certificate of consent is used when there are no transfers of land interests to the public.
The certificate must read as follows:
1. Certificate of dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be
surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and
dedications, as shown by the plat hereunto included the following described tract of land to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above-described tract of land is to be known and designated as (name of subdivision), City
of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys,
roads, highways, and parks, playgrounds, or public lands or other public improvements shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, roads, highways, and parks or public lands or other public improvements dedicated to the public
are accepted for public use, but the city accepts no responsibility for maintaining the same. The owner(s) agree(s) that the city has no obligation to maintain the lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements, hereby dedicated to public use. The lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements dedicated to the public for
which the city accepts responsibility for maintenance include (list specific streets, avenues, alleys, roads highways, and parks or other public lands or other public improvements).
The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
2. Certificate of consent.
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CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I), (We) caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by this plat hereunto included, the following described tract of land, to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm of corporation, whether public
or private, providing or offering to provide telephone, electric power, gas, internet, cable
television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
Section 17
That Section 38.240.460 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.460. Acceptance of dedications Governing body.
When property or improvements are being transferred to the public this certificate is used. The city commission’s or their designated agent must certify approval of theacceptance for public use of improvements associated with the plat of subdivision. Said certificate must read as follows:
CERTIFICATE OF DIRECTOR OF PUBLIC WORKSACCEPTANCE OF DEDICATIONS
I, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approves it, and hereby accepts the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use.
DATED this _______ day of _______, _______.
(Signature), Director of Public Works
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Section 18
That Section 38.240.470 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.470. Exclusion from MDEQ review for sanitation.
The following certificate must be added to all subdivision plats to certify that adequate stormwater drainage and adequate municipal facilities will be provided.
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to MCA 76-1-601 et seq., and can be provided with adequate stormwater drainage and adequate municipal facilities. Therefore, under the provisions of MCA 76-4-125, this subdivision is excluded from the requirement for Montana Department of Environmental
Quality review.
DATED this _______ day of _______, _______.
(Signature), Director of Public Works
City of Bozeman, Montana
Section 19
That Section 38.240.500 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.500. Certification of use of exemption claim.
A. The following certificates must be provided in a printed certificate on the amended plat or
certificate of survey for allowed exemptions from review as subdivisions:
1. Certificate of governing body to authorize exemption from subdivision review.
CERTIFICATE OF GOVERNING BODY – USE OF EXEMPTION
I, (Director of Community Development), do hereby certify that the accompanying (Certificate of Survey or Amended Plat) has been duly reviewed, and has been found to
conform to the requirements of the Subdivision and Platting Act (MCA 76-3-101 et
seq.), and the Bozeman Municipal Code.
DATED this _______ day of _______, _______.
(Signature), Director of Community Development
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2. Certificate of exemption. Reference to exclude the survey from state department of environmental quality review can also be added to this certificate, as appropriate.
LANDOWNER CERTIFICATE OF EXEMPTION
(I), (We) certify that the purpose of this survey is to (state exemption), and therefore
this survey is exempt from review as a subdivision pursuant to MCA 76-3-207(1) (add
appropriate subsection).
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of surveyed property)
Section 20
That Section 38.240.540 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.540. Certificate of Governing Body
A. The city commission’s designated agent must certify approval of all plats of subdivision.
Said certificate must read as follows:
CERTIFICATE OF GOVERNING BODY APPROVING PLAT
I, Director of Community Development, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law and approves it.
DATED this _______ day of ______________________, _______.
(Signature), Director of Community Development
Section 21
That Section 38.250.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.250.080. Subdivision variances.
A. Procedure. The subdivider must provide during the pre-application process, and include
with the submission of the preliminary plat, a written statement describing the requested
variance and the facts of hardship upon which the request is based. The relevant advisory
bodies must include their findings and conclusion regarding the requested variance in its
recommendation. The city review authority must then consider each variance at the public
hearing on during their review of the preliminary plat. A public hearing may not be held on
a variance in association with a first minor subdivision.
B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific
variance criteria, and may not have the effect of nullifying the intent and purpose of this
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chapter. The city must not approve subdivision variances unless it makes findings based
upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
C. Variances from floodway provisions not authorized. The review authority may not, by
subdivision variance, permit subdivision for building purposes in areas located within the
floodway of a flood of 100-year frequency as defined in title 76, chapter 5, Montana Code
Annotated (MCA 76-5-101 et seq.). Any variances related to floodways must meet the
standards of 38.250.070.C.4.a.
D. Conditions. In granting subdivision variances, the review authority may require such
conditions as will, in its judgment, secure the objectives of this chapter. Any approval under
this section must be subject to the terms of the conditions designated in connection therein.
Any conditions required must be related both in purpose and scope with the relief sought
through the variance.
E. Statement of facts. When any variance from this chapter is granted, the motion of approval
must contain a statement describing the variance and conditions upon which the issuance of
the variance is based.
F. Planned unit development. Where the standards and requirements of this chapter are
proposed to be modified through a planned unit development, the applicable process is a
deviation rather than a variance.
G. Limitations on approvals. For subdivision variances, the variance approval will be null and
void if the final plat is not filed within the time allowed for final approval by the city's
decision.
Section 22
That a new Section 38.360.280 of the Bozeman Municipal Code be created to read as follows:
Section 38.360.280 Agricultural water user facilities
A. Purpose. The purpose of this section is to recognize and protect property rights established
through water rights issued by the state of montana and the associated rights of conveyance
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for agricultural water user facilities. Development of land has potential to negatively impact such rights and function of such facilities. The state has adopted requirements including but not limited to 70-17-112, 85-7-2211 and 85-7-2212, MCA to protect agricultural water user facilities and prevent interference with them.
B. Notice requirements concerning agricultural water user facility:
1. Where an agricultural water user facility is present on-site, or on an adjoining property within 100 feet of the exterior boundaries of the proposed development, the developer must:
a. provide written notice to the applicable water users and/or agricultural water user
facility’s authorized representatives of the proposed development,
b. provide them with a copy of the proposed development layout,
c. provide a description of any anticipated adverse effects to the agricultural water user facility,
d. provide a description of any mitigation proposed to remedy such adverse effects, and
e. provide 45 calendar days for the water users and/or agricultural water user facility’s
authorized representatives to submit written comments.
2. Notice to the water users and/or agricultural water user facility’s authorized representatives must be as follows.
a. In the event the agricultural water user facility conveys water for an incorporated
or otherwise organized group of water users such as a ditch or canal company, and
the water users have officially elected or otherwise appointed a representative or group of representatives, written notice shall be to the agricultural water user facility’s authorized representatives.
b. In the event the agricultural water user facility conveys water for water users that
have not organized or officially elected or otherwise appointed a representative, the developer shall give written notice to all water users.
c. In the event the agricultural water user facility conveys water in a combination of the scenarios described in i and ii above, the Subdivider shall give written notice to the agricultural water user facility’s authorized representatives, and any water
users not represented by the agricultural water user facility’s authorized representatives.
d. The montana department of natural resources and conservation is the agency that maintains the official records for water rights.
3. The pre-application or concept plan submittal shall include the names and contact
information for the water users and agricultural water user facility’s authorized representatives that were provided with written notice, and the date they were provided written notice; and a copy of the notice sent.
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4. If the water users and/or agricultural water user facility’s authorized representatives have provided the applicant with written comments, those comments shall be submitted with the pre-application or concept plan submittal.
5. If there are changes to the project between the pre-application plan or concept plan
submittal and formal application stage that would result in additional impacts to the
agricultural water user facility, the developer shall comply with the notice and documentation requirements described above to be submitted with the formal application.
6. If the subject of this subsection was fully addressed with a previous development
review and a new application is fully in compliance with the earlier approval then
compliance with the notice provisions of this subsection is not required.
C. Persons holding water rights, agricultural water user facility owners, or their representatives may conduct necessary maintenance such as cleaning and removal of accumulated silt, branches, trees, sticks and other debris as well as repair or restoration activities consistent with
state law and the terms of any applicable easement or other authority.
D. Agricultural water user facilities may also be subject to 38.410.060.
Section 23
That Section 38.400.020 of the Bozeman Municipal Code be amended as follows:
Sec. 38.400.020. Street and road dedication.
A. General. All streets or alleys within, or providing access to, the proposed development must be dedicated to the public, be private streets to be owned and maintained by an approved property owners' association, or, if the criteria of this section are met, be a public street easement.
1. Public street easements. Public street easements must:
a. Be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided.
2. Private streets.
a. Private streets may be required to have a public access easement if deemed necessary by the city.
b. If a private street is proposed, the project must be reviewed as a planned unit development. However, development proposals containing private streets are
exempt from the PUD review requirement if:
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(1) A local private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width of 31, 33 or 35 feet; or
(2) A local private street is proposed and the street would comply with the city
standard right-of-way requirement of 60 feet. The back-of-curb to back-of-
curb width may vary from city standards, provided that:
(a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private
street maintenance; and
(b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an
assessment to fund improvements required to bring the street up to city
standards. The developer must record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required.
c. Documented proof of adequate funding and scheduling for maintenance of all
private streets, must be provided, subject to section 38.270.09038.220.200.
Section 24
That Section 38.410.060 of the Bozeman Municipal Code be amended as follows:
Sec. 38.410.060. Easements.
A. Required easements. Where determined to be necessary, public and/or private easements must be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all easements must be described, dimensioned and shown on the final
plat in their true and correct location.
2. In all other developments, the proper easements documents must be prepared for review and approval by the city, and filed at the county clerk and recorder's office. The easement documents must be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements.
3. No lot may be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this chapter for the applicable zoning district.
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B. Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer must provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development.
1. General.
a. Building setbacks must be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this chapter, a note to that effect must be placed on the final plat and/or final site plan as appropriate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road department having jurisdiction.
c. If placed in a city right-of-way, easements must be in a location required by and agreed upon in writing by all of the appropriate utility companies and the review
authority.
2. Easement size.
a. Front setback utility easements. Front setback utility easements must be ten feet wide, and must always be provided unless written confirmation is submitted to the community development department from all utility companies providing service
indicating that front setback easements are not needed.
b. Rear setback utility easements. The provision of rear setback utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, rear setback utility easements on each lot must be six feet wide if adjacent to a public alley and ten feet if not
adjacent to a public alley.
c. Side setback utility easements. The provision of side setback utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, the width of the side setback utility easement must be determined on a case-by-case basis based on the needs of
the utility companies.
3. Private utility plans.
a. When the concurrent construction option will be used, based on the provisions of section 38.270.030.D, private utility plans must be included with the preliminary PUD submittal.
b. Private utility plans must be provided with any plans and specifications submittals for the construction of new water, sewer or street infrastructure as specified in the city's design standards and specifications policy.
4. No building shall be constructed that encroaches on a private utility easement unless written approval from all utility companies is provided to the community development
department.
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C. Public utility easements. Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained by the city.
1. A public utility easement must be granted for all public utility mains not located within public street right-of-way. An easement must be at least 30 feet wide for either one or
two utility mains. An additional ten feet of width is required for each additional main
that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines.
2. Public utility easements must be provided for all meter pits and fire hydrants maintained by the city.
3. No permanent structures shall be placed within public utility easements unless an
encroachment permit has been obtained from the city.
D. Easements for agricultural water user facilities.
1. Except as noted in subsection D.2 of this section, the developer must establish appropriate agricultural water user facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width to
allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. Easements may be required when an agricultural water user facility is on adjacent property but an easement necessary to protect the function of the agricultural water user facility crosses onto the property to be
developed. The easement must facilitate the delivery of water for irrigation to
persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right;
(1) The easements must ensure the conveyance of irrigation water through the
land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner consistent with historic and legal rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation canals and ditches.
b. Are a sufficient distance from the centerline of the agricultural water user facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass within the agricultural water user facility easement without the written permission
of the facility owner.
2. The developer need not establish agricultural water user facility easements as provided above if the following provisions were met or will be met via the subdivision or site plan process:
a. The average lot size is one acre or less and the developer provides for disclosure,
in a manner acceptable to the review authority, that adequately notifies potential
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buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the water rights from the subdivided or developed land. If the water rights have been or will
be removed from the land within the development it must be so noted with the
preliminary plat or plan submittal. If removal of water rights is not complete upon filing of the final plat or approval of the final site plan, the developer must provide written notification to prospective buyers of the intent to remove the water right and must document that intent, when applicable, in agreements and legal
documents for related sales transactions.
3. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an agricultural water user facility or points of diversions thereon are proposed to be realigned or relocated, the developer's professional engineer must certify, prior to final plat or final plan approval, that the water entering and exiting the realigned or relocated
agricultural water user facility is the same quality and amount of water that entered or
exited the facility prior to realignment or relocation.
4. Stormwater from a development must not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easements.
5. If the developer demonstrates that easements have been extinguished pursuant to state
law, or the holder of the easement consents in writing to the extinguishment, or the easement is not required per subsection D.2, the developer may remove ditch laterals from within the subdivision.
6. If agricultural water user facility easements are required, a notice must also be recorded
with a final plat or prior to final plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such
time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat.
7. Any other mitigation of impacts to an agricultural water user facility identified during
development review must be coordinated with any required easement. Mitigation shall be reasonable, based on site-specific conditions, and shall be developed with consideration of comments received from the water users and or agricultural water user facility’s authorized representatives.
E. Other easements. Public access easements for streets and trails must be provided in
accordance with the provisions of divisions 38.400 and 38.420 of this chapter.
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Section 25
That Section 38.410.020 of the Bozeman Municipal Code be amended as follows:
Sec. 38.410.020. Neighborhood centers.
A. To provide a neighborhood focal point, all residential subdivisions or planned unit
developments that are ten net acres in size or greater, must have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center must be no less than one acre in size. The center must be comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The
following requirements apply to all neighborhood centers:
1. The geographic center point of the neighborhood center must be no further than 600 feet from the geographic center point of the development. This requirement may be waived in the following circumstances:
a. The development would create parcels that are all non-residential;
b. The center is a neighborhood commercial center or is adjacent to a neighborhood commercial center;
c. The site is constrained by the presence of critical lands;
d. The site is part of an approved subarea plan that shows the center in a different location; or
e. The topography of the site presents physical constraints on the property.
2. With the exception of civic and neighborhood commercial center uses, the developer must install all center-related improvements as part of the required development improvements. When a multi-phase project is developed, improvements must be installed with each phase. Required improvements must be based on the definition of
each feature found in article 7 of this chapter, and/or city standards.
3. The neighborhood center must have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter in accordance with section 38.420.060.
4. With the exception of civic and neighborhood commercial center buildings and grounds, the center is considered a common area to be owned and maintained by the property owners' or a property owners' association. The property owners' association may establish an improvement district to collect assessments to pay for the maintenance.
5. After receiving a recommendation from the city recreation and parks advisory board, aAreas within neighborhood centers used for park, square, or green may count towards parkland dedication requirements (subject to review and approval by the review authority) if they meet the following criteria:
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a. The area is predominantly open space with enhanced natural features, but may contain amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and
b. The area provides active and/or passive recreation opportunities.
6. The neighborhood center may be used for limited stormwater retention/detention
facilities if reviewed and approved by the review authority. However, any part of the center used for stormwater management does not count towards park dedication requirements.
7. New neighborhood commercial centers are subject to the community design
framework master plan provisions of sections 38.210.130 and 38.510.030.L.
Section 26
That Section 38.420.050 of the Bozeman Municipal Code be amended as follows:
Sec. 38.420.050. Location.
A. General. The review authority, in consultation with the developer, recreation and parks advisory board and parks department, and the planning board if applicable, may determine suitable locations for parks and playgrounds. Parkland must be located on land suitable to and supportive of the activities and functions depicted in the relevant park plan, and unless the park plan indicates a requirement for another configuration, should be kept in a large
block.
B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for the area, the subdivision must comply with the subarea or neighborhood plan for the location of parks
Section 27
That Section 38.420.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.420.080. Park development.
A. General. Developers must consult any adopted citywide park plan, and with the recreation
and parks advisory boardparks department which implements the plan, to determine the
types of parks needed for the proposed development and surrounding area. Parks must be developed in accordance with the citywide park plan and any approved park master plan. At a minimum, all parks must be improved to the following standards by the developer, prior to final plat or final occupancy approval as appropriate:
1. Minimum required improvements to land dedications. The subdivider must level any
park area, amend the soil, seed disturbed areas to allow mowing with turf type mowers, and install an underground irrigation system in compliance with city standards and specifications.
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a. Parks must be seeded with drought tolerant grass seed unless approved otherwise in writing by the park superintendent.
2. Irrigation. The developer must irrigate the park area until 50 percent of the subdivision lots or condominium units are sold. Thereafter, the property owners' association must
be responsible for park irrigation. The property owners' association may establish an
improvement district to collect assessments to pay for irrigation.
a. Wells must be used to irrigate parkland.
B. Boundaries. The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in
length with no less than two feet driven into the ground. Each post must be labeled with a
permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department.
C. Sidewalks. Sidewalks, when required within the development, must be installed by the developer at points where the park borders or crosses public or private streets.
D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be
located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds may not be located on private lots. Stormwater retention or detention
ponds must be maintained by the property owners' association.
E. Clean up required. All fencing material, construction debris and other trash must be removed from the park area.
Section 28
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 29
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 30
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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 31
Codification.
This Ordinance shall be codified as indicated in Section 2–27.
Section 32
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 16th day of November 2021
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2021. The effective date of this ordinance is __________, __, 2021.
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_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Natalie Meyer, Sustainability Program Manager
Jon Henderson, Strategic Services Director
SUBJECT:Triannual Climate Plan Report
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Sustainability Program Manager, Natalie Meyer, will present an update on
the 2020 Bozeman Climate Plan.
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:On December 22, 2020, the City Commission adopted the 2020 Bozeman
Climate Plan through Resolution 5248. The Climate Plan identifies
community goals and actions to reduce greenhouse gas emissions and
prepare for the impacts of climate change. This update represents the first
progress report, with future reports planned every four months on a
triannual basis.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:None.
Report compiled on: November 24, 2021
288
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:The South 3rd Growth Policy Amendment to Modify the Future Land Use
Map from Public Institutions to Urban Neighborhood, Addressed at 2303
South 3rd Avenue, Located on the West Side of South 3rd Avenue and 1/4
Mile South of Kagy Boulevard, Application 21309
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all information presented, I hereby move to adopt the findings
presented in the staff report and recommend approval to the City
Commission of the growth policy amendment application 21309 with
contingencies and subject to all applicable code provisions.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The City of Bozeman adopted its current growth policy, the Bozeman
Community Plan 2020, on November 19, 2020 through Resolution 5133.
Chapter 3, Future Lad Use, establishes the future land use. The map depicts
various classifications of land described in Chapter 4 of the Bozeman
Community Plan 2020 and the City’s expectations for the future use of that
land.
Chapter 5, Amendments and Review, establishes who and how amendments
to the future land use map may be amended. The applicant, the City of
Bozeman, has requested a change in designation from Public Institutions to
Urban Neighborhood after hearing from a property owner that the existing
land use designation is incorrect. The subject property has been designated
as Public Lands in 2001, 2009, and 2020 Community Plans.
This GPA request is in conjunction with an annexation and zoning
application currently being reviewed by the City.
The Bozeman City Commission considered and passed a Resolution of Intent,
No. 5344, to initiate the review process for a GPA. Passage of the Resolution
of Intent does not amend the growth policy. Rather, it will initiate the formal
289
process, including notice to adjacent landowners, to evaluate whether the
requested amendment is consistent with the overall policies and purposes of
the growth policy.
UNRESOLVED ISSUES:There are no known unresolved issues.
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 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 growth policy amendment.
Attachments:
21309 S 3rd GPA CC SR.pdf
A1_093021.pdf
ANNEX.pdf
N1_032921.pdf
Dave_Richardson_comment_App_21309_email.pdf
Dave_Richardson_App_21309.pdf
Robin Morris comment Nov 15 2021 Growth Policy
Amendment Hearing for Application 21309.pdf
10-30-21 Public Comment - S. Atkinson - 2303 South Third
Ave.pdf
Report compiled on: November 16, 2021
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
Public Hearing Dates:
Planning Board November 1, 2021 and continued to November 15, 2021.
City Commission December 7, 2021. Meeting to be held electronically. Details
available on the City Commission agenda.
Project Description: A growth policy amendment to revise the future land use map
from Public Institutions to Urban Neighborhood on 1.02 acres and the adjacent
South 3rd Avenue right-of-way.
Project Location: The property is addressed as 2303 South 3rd Avenue and more
particularly described as a Tract of Land situated in the Northeast One -Quarter
(NE ¼) of the Northeast One-Quarter (NE ¼) of Section 24, Township Two South
(T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with contingencies
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all information presented, I hereby move to adopt
the findings presented in the staff report and recommend approval to the City
Commission of the growth policy amendment application 21309 with contingencies
and subject to all applicable code provisions.
City Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, Planning Board recommendation, and all
the information presented, I hereby move to adopt the findings presented in the
staff report and to approve the growth policy amendment with contingencies and
subject to all applicable code provisions.
Report: November 16, 2021
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified at this time.
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
Project Summary
The City of Bozeman on behalf of the landowner, CBJ, LLC, PO Box 327, Bozeman, MT 59771
(recent change of ownership), submitted application to revise the Future Land Use Map. The
current and previous two Growth Policy showed the subject property as Public Lands or
Public Lands and Institutions. After the adoption of the Bozeman Community Plan 2020 staff
learned the subject property is privately owned. The City learned of this situation through a
concept plan review to get comments for a proposed annexation, the establishment of initial
zoning, and residential development on the property. The current and proposed use of the
property is residential. Residential zoning districts are not implementing districts for the
Public Lands designation and therefore, are not permitted. Further, the PLI designation is
not for private ownership, see Appendix A. Therefore, the first step in a possible further
development is to alter the future land use designation to Urban Neighborhood.
Subsequently and application annexation the property and establish municipal zoning was
submitted and is currently being reviewed by the City. No specific develop plans applications
are being considered at this time.
Discussion and criteria for deciding on this growth policy application are limited to those in
this report. Other elements of the future development will be addressed separately in the
future.
Public comment has been received on the application. Comment letter can be found here:
https://weblink.bozeman.net/WebLink/browse.aspx?id=256313&dbid=0&repo=BOZEMAN
Planning Board Summary
Planning Board conducted their public hearing on November 15, 2021. After conducting their
public hearing the Planning Board recommended approval of the application on a vote of 5:0. The
video of the public hearing is available at:
https://bozeman.granicus.com/player/clip/183?view_id=1&redirect=true
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 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.
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................................................................... 1
Unresolved Issues ............................................................................................................. 1
Project Summary ............................................................................................................... 1
Planning Board Summary ................................................................................................. 2
Alternatives ........................................................................................................................ 2
SECTION 1 - MAP SERIES........................................................................................................ 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF APPROVAL ........................................ 6
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................... 6
SECTION 4 - STAFF ANALYSIS AND FINDINGS .................................................................... 7
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 18
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................... 22
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 23
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SECTION 1 - MAP SERIES
Map 1: Location Map
Subject
Property
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Map 2: View of existing area Future Land Use Map designations, Bozeman Community Plan
2020
Subject
Property
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SECTION 2 - RECOMMENDED CONTINGENCIES OF APPROVAL
If the City Commission approves the application, the following contingencies are
recommended. Please note that these contingencies are necessary for the City to complete
the processing of the proposed amendment.
Recommended Contingencies:
1) The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit titled “South 3rd Annexation
Map Growth Policy Amendment” and PDF file to the Department of Community
Development containing an accurate description of the property for which the growth
policy designation is being amended. The exhibit must be acceptable to the
Department of Community Development.
2) The resolution for the growth policy amendment shall not be drafted until the
applicant provides an exhibit of the entire area to be re-designated, which will be
utilized in the preparation of the resolution to officially amend the Future Land Use
Map of the Bozeman Community Plan 2020.
SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a growth policy map amendment, the Staff
recommends approval with contingencies for the application as submitted. The
Development Review Committee (DRC) considered the amendment on August 11, 2021 and
recommended the contingencies of approval immediately above.
The Planning Board held a public hearing on November 15, 2021, continued from November
1, 2021, to make a recommendation to the City Commission for the growth policy map
amendment. After consideration of all materials and matters they recommended approval of
the amendment.
The City Commission will hold a public hearing on the growth policy map amendment on
December 7, 2021. The hearing begins at 6:00 p.m. Meetings will be held in the location and
manner identified on the meeting agenda.
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SECTION 4 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria. As an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction. The burden of proof that
the application should be approved lies with the applicant.
To reach a favorable decision on the proposed application the City Commission must find
that the application meets all of criteria 1-4 of Chapter 5| Plan Amendments, Review Triggers
Amendments, and Amendment Criteria, page 67, Bozeman Community Plan 2020. In making
these findings, they may identify that there are some negative elements within the specific
criteria with the final balance being a positive outcome for approval. When an amendment
to either the text of the Plan or the future land use map is requested it must be reviewed
against the following criteria:
1. The proposed amendment must cure a deficiency in the growth policy or improve the
growth policy to better respond to the needs of the general community;
2. The proposed amendment does not create inconsistencies within the growth policy,
either between the goals and the maps or between different goals and objectives;
3. The proposed amendment must be consistent with the overall intent of the growth
policy; and
4. The proposed amendment may must not adversely affect the community as a whole
or any significant portion thereof by:
a. Significantly altering land use patterns and principles in a manner contrary to
those established by this Plan,
b. Requiring unmitigated improvements to streets, water, sewer, or other public
facilities or services, thereby impacting development of other lands,
c. Adversely impacting existing uses because of inadequately mitigated impacts on
facilities or services, or
d. Negatively affecting the health and safety of the residents.
1. The proposed amendment must cure a deficiency in the growth policy, or
improve the growth policy, to better respond to the needs of the general
community;
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Yes. This criterion contains two alternate parts. A favorable finding for either part
supports a positive finding.
Staff first reviewed the proposal for its ability to cure a deficiency. The amendment is
proposed to correct a deficiency identified after the adoption of the Plan. Namely, an
incorrect Future Land Use Designation of the subject property and ownership. First, the
Public Lands designation requires public ownership, the property is privately held.
Secondly, there are two similarly sized properties accessed from South 3rd Avenue
adjacent to the Museum of the Rockies property to the north. The northern property,
2221 South 3rd Avenue is owned by the Museum of the Rockies with a future land use
designation is Public Institutions. The property directly to the south, 2303 South 3rd
Avenue, is privately owned and also shows a future land use designation of Public
Institutions.
According to the Bozeman 2020 Plan (adopted in 2001) and the Bozeman Community
Plan (adopted in 2009) show the two individual properties as Public Institutions. The
northern parcel, 2221 South 3rd Avenue, is owned by the Museum of the Rockies. In other
words, the subject property has been designated as Public Institutions for the last 20
years. During the public review and adoption process for the Bozeman Community Plan
2020 no indication of this issue was brought the City’s attention and the existing future
land use designation was carried forward and adopted with the new plan.
In terms of whether the current proposal better responds to the needs of the general
community and/or improves the growth policy, two primary questions arise: (1) Would
the new designation better respond to the needs of the general community and/or
improve the growth policy? (2) Would the intended land uses better respond to the needs
of the general community and/or improve the growth policy?
The proposed modification to the FLU responds to community needs by altering the
designation to from Public Institutions to Urban Residential. The historic use of the
property is residential, a single-household structure was constructed in 1910. The parcel
is 1.0 acres in size equaling a density of 1 dwelling unit per acre. As a whole, the City of
Bozeman has a residential; density of approximately 6 dwellings units per acre.
According to the Community Housing Needs Assessment and the Bozeman Community
Plan 2020 additional housing is needed and encouraged.
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The only zoning designation used to implement the Public Institutions FLU designation
is the Public Lands and Institutions (PLI) district. Residential uses are not permitted in
the PLI zoning district.
The property has direct access from South 3rd Avenue, a designated Collector street
according to the Bozeman Transportation Plan 2017 Update. South 3rd Avenue is not
constructed to full City standards at this time because much of the existing development
in the area precedes current street standards construction, the Museum of the Rockies
properties bounding the west side of South 3rd Avenue and adjacent properties are not
annexed in to the city. If and when further development occurred on these properties
uninstalled complete streets will be required to be installed. For example the Figgin’s
Addition was platted in 1972 and the Westridge Subdivision was platted in 1960.
The site is situated in a developed area of the city and is defined as an infill. According to
the Bozeman Community Plan 2020 infill is defined as, “The development or
redevelopment of vacant, abandoned, or under-utilized properties within or wholly
surrounded by the City, and where water, sewer, streets, and fire protection have already
been developed and are provided. Infill is located within land subdivided for at least 35
years.”
Potential development is restricted by the size and configuration of the parcel. However,
additional housing is possible if the future land use designation is changes and is annexed
into the city. Currently the property is an “inholding” under County zoning regulations. If
the property develops in the city a number of community goals and objectives would be
furthered. While there may be impacts from additional residential development, altering
the FLU designation does not trigger mitigation for possible future development.
As noted above the PLI FLU designation does not allow residential use although the
current use is residential. The immediate vicinity is dominated by other residential uses
and primarily single-detached housing types with the exception of the Westbrook
condominiums directly to the west of the subject property. Currently all Bozeman
residential zoning district allow a variety of residential housing types with varying
degree of density. The Urban Neighborhood FLU designation is implemented by more
zoning designations than any other FLU from low density to high-density and limited
commercial zoning such as B-1 (Neighborhood Services).
The proposed FLU changes furthers a variety of Community Plan goals and objectives
when analyzed through the lens of responding to the needs of the general community.
Goal N-1: Support well-planned, walkable neighborhoods.
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N-1.1 Promote housing diversity, including missing middle housing.
Rationale: As noted above the PLI FLU designation does not allow residential use
although the current use is residential. The immediate vicinity is dominated by other
residential uses and primarily single-detached housing types with the exception of
the Westbrook condominiums directly to the west of the subject property. Currently
all Bozeman residential zoning district allow a variety of residential housing types
with varying degree of density. The Urban Neighborhood FLU designation is
implemented by more zoning designations than any other FLU from low density to
high-density and limited commercial zoning such as B-1 (Neighborhood Services).
If or when the property developed, the property would be allowed to develop in a
similar fashion to adjacent properties with needed housing. Numerous city goals
encourage gradual and predictable increase of density, see N-1.11. Densities in the
immediate vicinity vary between 3.6 DU/Acre in the Westridge condominium
development and approximately 4.9 DU/Acre in the Figgin’s Addition subdivision,
both are less than the City average.
Goal N-3: Promote a diverse supply of quality housing units.
Rationale: The existing FLU designation prohibits residential use on the property.
Goal N-3 includes numerous objectives that are furthered with this FLUM amendment
such as N-3.6 that desires adequate residentially designated areas for anticipated
future housing. In addition, objective N-3.8 is promotive of the development of
missing middle housing. The Urban Neighborhood FLE designation includes
implementing zoning districts that allow a wide variety of housing types including
single-household detached, row-house, town-house, attached two and three housing
types, courtyard development, limited apartments, and, in more intense districts,
apartments.
Not all goals and objectives of the growth policy will be advanced with the proposed
amendment. Some, such as the following, are applicable for any area being developed
under any land use designation.
Goal N-1: Support well-planned, walkable neighborhoods.
N-1.5 and N-1.9
Rationale: The proposed amendment does not necessarily create a neighborhood
focal point, there are focal points near the property including the Kagy Crossroads
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neighborhood commercial center that includes a variety of services to the
community. In addition, modifying the LFU does not in itself create multi-modal
connections as described in N-1.9. The change in the LFU lays the ground work for
future development that would likely require improvements to the transportation
system for better and safer access to destinations for all residents in the area.
Neighborhoods are more expansive than individual subdivisions. As neighborhood
design is described in Goal N-1 above, a diversity of zoning districts supporting a range
of uses may be needed to address all the elements. Such a diversity is often developed
through a combination of different subdivisions. The Urban Neighborhood land use
designation is the designation that most easily addresses all the various elements.
Chapter 3 | Future Land Use described the intent and the implementing zoning districts
each land use designation. There are no zoning districts which are limited to only one
type of development. All Residential designations provide for a range of housing types
and limited commercial activities. The expansiveness and intensity allowed varies
between districts. The change to Urban Neighborhood allows for compatible residential
development enjoyed by adjacent properties. The designation is described as:
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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.”
The proposed amendment advances goals and objectives of the Bozeman Community
Plan including, but not limited to, those cited above.
Chapter 1 | Basics, Basic Planning Precepts discusses the principals the City used to
prepare the policies, goals, objectives, land use designations, and future land use map in
this Plan. The majority of these precepts relate to this and all map amendments. Three of
the ten stand out. First, land use designations must respond to a broad range of factors,
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including infrastructure, natural, and economic constraints, other community priorities,
and expectations of all affected parties concerning private development. Secondly, infill
development and redevelopment should be prioritized, but incremental compact
outward growth is a necessary part of the City’s growth. And finally, the City intends to
create a healthy, safe, resilient, and sustainable community by incorporating a holistic
approach to the design, construction, and operation of buildings, neighborhoods, and the
City as a whole. Developments should contribute to these goals and be integrated into
their neighborhood and the larger community.
Public comments have been received expressing concerns about possible impacts to
adjacent property owners if the requested amendment is approved. This type of concern
is what the identified principles seek to address. A growth policy is a balance of many
different views of what is good and appropriate for the community as a whole and smaller
areas within it. Chapter 1 discusses the question “To Grow or Not to Grow” starting on
page 8. It is not a simple question. In summary, as in many planning efforts and
discussions over the decades, the Planning Board and City Commission have considered
the various elements of the question of to grow or not grow and the consequences of
either approach, grow outward or inward. After considering this question, they have
concluded that having growth within the physical boundaries of Bozeman results in
better outcomes than not. Therefore, the BCP approaches growth as something that
overall is positive but recognizes that it does not come without drawbacks and that the
community will change over time.
Without question, development of adjacent vacant property impacts already developed
property. Those impacts may be negative, positive, or a mix of both negative and positive.
Individuals may have divergent opinions on whether any development is an asset or
injury depending on how they individually weight issues of concern. To give weight to all
the various priorities of the community requires that not every issue be maximized to the
detriment of others. As shown in the citation above and throughout the Bozeman
Community Plan 2020 the City has many areas of interest and concern that must be
considered. Advancing those goals as a whole may impact some citizens more than
others. To enable consideration of possibly conflicting interests the City has established
the growth policy amendment process and criteria. The process enables affected parties
to express their support or concern, seek information, and be heard before any decision
is made. This process enables consideration necessary to meet the required fair and
proper balance, protect rights, and affirm community values.
Future development of the property as REMU will address a greater range of the goals
and objectives of the growth policy than the present designation of Residential. A review
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
of the growth policy did not find elements that materially conflicted with the proposed
amendment. Staff finds that the amendment improves the growth policy and better
responds to the needs of the general community by providing the greater possibility of
needed services in proximity to new and existing residential development.
2. The proposed amendment does not create inconsistencies within the growth
policy, either between the goals and the maps or between different goals and
objectives.
Staff reviewed the growth policy goals and objective and future land use map. The
proposed amendment to change 1.02 acres from Public Lands to Urban Residential does
not create any identified inconsistencies within the growth policy goals or between goals
and maps. See discussion for Criterion 1.
The change and subsequent annexation and rezoning would allow for residential
development applications to be pursued and reviewed by the City of Bozeman. Given this
site’s proximity to the surrounding residential developments and commercial city
growth to the north, Kagy Crossroads, and with the property being within the municipal
service area boundaries and proposed for annexation into the city limits, the site is a
logical location for the Urban Residential designation.
All future development must demonstrate compliance with all regulatory standards
addressing transportation, parks, building design, and all other standards. The standards
have been crafted and adopted to implement the goals and objectives of the growth
policy. Therefore, compliance with the standards will ensure this criterion is met.
3. The proposed amendment must be consistent with the overall intent of the
growth policy.
The overall intent of the growth policy is to proactively and creatively address issues of
development and change while protecting public health, safety and welfare (page 20). If
approved, the proposed amendment to the future land use map will allow the site to be
considered for future applications that, if approved, would allow redevelopment or
further development of the site. A preliminary development proposal contemplated 11
residential units in three buildings access from South 3rd Avenue. As noted above, any
development must meet adopted standards including parking, parkland, open space,
utilities, and other applicable standards. However, it must also be considered that the
amendment is not bound to any currently proposed project but must be considered as
adequate independent of any specific proposal.
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All implementing zoning districts for the Urban Residential future land use designation
limit and restrict the scope and intensity allowed for residential and non-residential
development. As discussed under Criterion 1, there is a greater correlation of the Urban
Residential to the goals, which implement the intent of the growth policy, than the
present Public Lands designation. The residential development on the subject property
is likely to support existing and future commercial development by providing density
supportive of economic base for the area.
The growth policy discusses the primary issue of “Does the City Have to Grow” and the
subsequent equation, if so how, see pages 12 – 15 Bozeman Community Plan 2020. This
discussion illustrates, in part, why this application is consistent with the overall intent of
the plan. Specific goals and objectives found in Chapter 2 further this statement. The plan
desires a gradual and predictable increase in density in developed areas over time. The
application proses the development of a 1.02 acre parcel into to residential use. Existing
city standards to mitigate potential impacts of parking, stormwater runoff, building
height, setbacks, municipal services such as water and sewer, parkland maintenance,
sensitive lands protection, and others ensure predictable development.
The Plan also focuses on the need for housing of all types, sizes, and configurations. This
goals permeates the Plan and results in a multitude of specific goals and objectives and
ties in other planning efforts. By providing for sufficient space for residential
development within the existing infrastructure service area and near a variety of services
including education, trail systems, goods and services, transportation supports the
overall intend of the Bozeman Community Plan.
4. The proposed amendment will not adversely affect the community as a whole
or significant portion by:
a) Significantly altering land use patterns and principles in a manner contrary to
those established by this plan,
No, the proposed map amendment does not significantly alter land use patterns from
those established by the plan. The existing land use designation is Public Lands and
the proposed land use designation is Urban Residential. Although residential use is
not permitted under the Public Lands designation, Public Lands and Institutional uses
are permitted in Urban Residential designation, see Appendix A below.
There are two dominate designations in the area, residential and institutions. The two
designations are delineated by a distinct line south of the Museum of the Rockies
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
properties and South 3rd Avenue. The inclusion of the subject property is the anomaly.
As noted earlier in this report, the historic and current use of the property is
residential. The amendment expands opportunity for residential uses that better
support the goals and objectives of the Plan.
Although there is a change in designation, Staff finds the change will not significantly
alter the land use pattern contrary to the Bozeman Community Plan. As discussed in
Criterion 1, the amendment advances goals and principles of the growth policy and
therefore is not contrary to the growth policy.
b) Requiring unmitigated larger or more expensive improvements to streets, water,
sewer, or other public facilities or services, thereby impacting development of
other lands,
No negative impacts to other lands or the community are anticipated as a result of the
proposed growth policy amendment. The site is located within the service boundary
for municipal infrastructure and all city services are constructed and directly adjacent
to the subject property. The property is not currently being served by City services.
The image below show the location of water and sewer lines within South 3rd Avenue.
Subject
Property
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
c) Adversely impact existing uses because of unmitigated greater than anticipated
impacts on facilities and services,
No adverse impacts have been identified at this time. Residential uses will be the
dominant use for the proposed designation. It is likely that impacts from public
institutions may be more impactful to the neighborhood than an increase in
residential density on the site. Additional review will occur during site development
and mitigation of any potentially adverse impacts will be addressed at that time, as
required by municipal code. This approach enables mitigation to be proportionate to
the proposed development as required by law.
d) Negatively affect the livability of the area or the health and safety of the
residents.
The change from a single residential structure to another residential structure or
structures will change the nature of the site and likely add additional vehicle trips in
and out of the site, more people to frequent goods and services in the area, and
increase density. However, as noted earlier in their report, the size and configuration
Subject
Property
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
of the property will limit the number of possible residential units that can be
constructed.
On the other hand, future development will need to correct the safety issues related
to the trees within the right-of-way and the overhanging branches. Further
development will improve the street to include sidewalks and better stormwater
management. Annexation will require the property to connect to City services
eliminating one more septic system of unknown function and service the site with
high quality water.
Regardless of the type of development that occurs changes are possible under the
current regardless of the land use designation. What may be different is the scope of
the changes.
Designation of this site as Urban Residential will provide more opportunity for
residential uses on the property. The exact mix and nature will be influenced by the
future decision of an implementing zoning district. If the project is designed
appropriately, it can remain compatible with surrounding land uses and should not
negatively affect the livability of the area or the health and safety of residents. The
land use change allows for additional opportunity for additional residential use with
conveniently located commercial uses and employment opportunities to meet the
expanding demands of the new residents in an area that is appropriate and
compatible for such uses. The standards for mitigating development impacts
contained in Chapter 38 of the municipal code remain in place for either designation.
These have been adopted to protect health and safety and also to protect livability of
the community. Therefore, staff does not find any negative affects to this criterion.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is currently outside the Bozeman city limits and is zoned by Gallatin County as
Public Lands and Institution (PLI) per the Gallatin County / Bozeman Area Zoning District
Map certified 11-16-2018.
The applicants have also applied for annexation into the Bozeman city limits and an initial
Zone Map Amendment (ZMA). The ZMA application will be reviewed by the Zoning
Commission at a public hearing on a date to be scheduled. The Annexation proposal and ZMA
application is anticipated to be reviewed by the City Commission at a date to be determined.
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
The property has historically been used residential property since the construction of the
home in 1910.
Adopted Growth Policy Designations:
The following designations are applicable to this application.
Existing – Public Lands. The growth policy description of this category as, “The land in this
classification is owned by a public entity. A variety of activities are undertaken in this land use
classification. Schools are a dominant use including Montana State University. Other typical
uses are libraries, fire stations, and publicly operated utilities. A significant portion of
Bozeman’s employment occurs within this category.”
Proposed – Urban Residential. The growth policy category 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.”
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
Future Land Use Map. The growth policy states, “The Future Land Use Map on the
following page identifies the land use categories that are detailed on the previous pages in
Chapter 3. Due to the large scale of the map, any useful review will require access to its digital
version, which can be expanded to show details. The City’s web viewer displays the most
current digital version of the map at all times. It is available at
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning.
Outward development of the City is strongly connected to locations of municipal water and
sewer systems. The City has planned for eventual utility services to the Planning Area. The inset
map at right shows the location of current City boundaries and where utility services are
presently available. New development regularly expands this area. Many mapping resources
for utilities, land use, zoning, parks, transportation, floodplains, and other land use related
subjects are available through the City’s web portal at https://www.
bozeman.net/government/gis-mapping.”
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Zoning Correlation with Land Use Categories
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A growth policy amendment proposal to revise the future land use map from Public Lands
to Urban Residential on 1.02 acres.
The City of Bozeman on behalf of the landowner, CBJ, LLC, PO Box 327, Bozeman, MT 59771,
submitted application to revise the Future Land Use Map. The current and previous two
Growth Policy showed the subject property as Public Lands or Public Lands and Institutions.
After the adoption of the Bozeman Community Plan 2020 staff learned the subject property
is privately owned. The City learned of this situation through a concept plan review to get
comments for a proposed annexation, the establishment of initial zoning, and residential
development on the property. The current and proposed use of the property is residential.
Residential zoning districts are not implementing districts for the Public Lands designation
and therefore, are not permitted. Therefore, the first step in a possible further development
is to alter the future land use designation to Urban Neighborhood.
An application for annexation and establish municipal zoning was submitted and is currently
being reviewed by the City. No specific develop plans applications are being considered at
this time.
It is expected that further details of the project plans, design and associated infrastructure
improvements will be provided with future development applications that will be submitted
to the City of Bozeman for review if the growth policy amendment is approved. Approval of
the requested growth policy amendment is not dependent on and does not guarantee
completion of the project as described above.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to the owners of the subject property and all
owners of property located within 200 feet of the perimeter of the site. The project site
was posted with a copy of the notice along South 3rd Avenue. The notice was published
in the Legal Ads section of the Bozeman Daily Chronicle on October 17, 2021 and
November 21, 2021.
The Planning Board public hearing is scheduled for November 1, 2021 at 6:00 p.m. via
WebEx and may be broadcast on channel 190, as well as live streamed on the City of
Bozeman’s website, https://www.bozeman.net/services/city-tv-and-streaming-audio.
Instructions for joining the WebEx meeting will be included on the meeting agenda which is
published on the City’s website at least 48 hours prior to the meeting. The agenda is available
in the Meetings and Events portion of the City’s website at https://www.bozeman.net/home.
The meeting was continued to November 15, 2021.
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21309, Staff Report for the South 3rd Growth Policy Amendment (GPA)
The City Commission will conduct a public hearing on the application on Tuesday,
December 7, 2021 at 6:00 p.m. via WebEx and may be broadcast on channel 190, as well as
live streamed on the City of Bozeman’s website, https://www.bozeman.net/services/city-tv-
and-streaming-audio. Instructions for joining the WebEx meeting will be included on the
meeting agenda which is published on the City’s website at least 48 hours prior to the meeting.
The agenda is available in the Meetings and Events portion of the City’s website at
https://www.bozeman.net/home.
Written public comments have been received regarding this project. Comment can be
found here:
https://weblink.bozeman.net/WebLink/browse.aspx?id=256313&dbid=0&repo=BOZEMAN
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: CBJ, LLC, PO Box 327, Bozeman, MT 59771
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this growth policy amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
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314
315
316
317
318
DRAFT319
320
321
322
1
Tom Rogers
From:Dave Richardson <bozonedave@gmail.com>
Sent:Tuesday, October 26, 2021 3:14 PM
To:Tom Rogers
Cc:Carol Anderson; Carolyn Hopper; Denise Margetts; savadesigns .
Subject:Public Comment for Nov. 1 Hearing App 21309
Attachments:T Rogers Public Comments re Nov 1 Hearing.docx; T Rogers Public Comments re Nov 1
Hearing.pdf
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.
Hello Tom,
This is Dave Richardson, president of the Overbrook Condominium Owners Association Board of Directors.
I've attached the Board's public comments for your upcoming Nov. 1, 2021 public hearing on the proposed
Growth Policy Amendment for application 21309, 2303 S. Third Avenue. (Attached as a Word document and
as a PDF.)
We understand this is not the formal annexation and zoning hearing for the proposed Skyview Lofts (or S3
Lofts, or whatever they're calling it now), but we want to get our objections to that proposal into the public
record as soon as possible. We remain strongly opposed to the proposed R-5 zoning for that lot (or R-3, the
applications we've been able to look at are somewhat contradictory.)
Please include our public comments at this hearing. I've also emailed a copy to agenda@bozeman.net, and
pasted the comment into an email directly through bozeman.net to you.
Please let me know if you have any issues with these files, or if there is another address I should email them to.
Thank you,
Dave Richardson
President, Overbrook COA Board of Directors
405 Overbrook Dr. #11, Bozeman, MT 59715
406-209-5455
bozonedave@gmail.com
323
To: Tom Rogers, Senior Planner
Bozeman City Office of Planning and Community Development
Email:
trodgers@bozeman.net
RE: Public Comment on Upcoming Nov. 1, 2021, Growth Policy Amendment Hearing
Dear Mr. Rogers,
This letter is regarding the upcoming Growth Policy Amendment hearing Nov. 1 for application 21309,
for the parcel located at 2303 S. Third Ave, in Bozeman (S24, T02, R05E, Tract in NE Cor NE4NE4 1.0 AC.)
We, members of the Overbrook Condominium Owners Association Board, a PUD community directly
abutting the above-mentioned property to the west, understand this hearing is a necessary preliminary
step in the process of possible eventual annexation and zoning of the property.
We write specifically in relation to a formal annexation and zone map amendment filed for the property
(Skyview Lofts or S3 Lofts, CBJ LLC, Ironwood or Julien Morice) that could be facilitated by the decisions
made by the planning department at this hearing, and by the Bozeman City Commission at an upcoming
hearing.
The Overbrook COA strongly objects to the proposed R-5 or R-3 zoning for the parcel for several
reasons:
1. Adjacent neighborhoods are currently zoned R1, and have been for decades, with the exception
of our PUD community in existence since the mid-1990s.
2. The proposed zoning is significantly out of step with the residential character of the surrounding
neighborhoods.
3. We feel granting an R-5 (or even R-3) zoning to this parcel could resemble “spot zoning”.
4. The proposed development of three four-unit buildings on this one-acre parcel would leave little
-- if any -- room to meet the city’s open-space requirements.
5. In that regard, when the developer approached our Board with its proposal in June 2021, it
suggested fulfilling these open-space requirements by building a park on Overbrook’s property,
and this idea was reiterated in the initial application to the City Office of Planning and
Community Development and implied the Overbrook COA could be amenable to this idea. The
Overbrook Board is not amenable to this idea, and would not, and will not, ever voluntarily
allow that to happen.
6. The parcel borders roughly 40 acres of agricultural land under the stewardship of the Museum
of the Rockies. The proposed condominium buildings would directly abut an historic barn and
farmhouse that may eventually become part of the Museum’s future planned use of that
acreage for historical and educational exhibits.
7. Traffic on South Third Avenue in this area is already heavy during morning and evening rush
hours. Vehicles turning onto South Third from adjacent Westridge Drive add to that congestion.
Many drivers already ignore the 25 MPH speed limit in place. Adding another ingress to South
Third so close to Westridge Drive from a development of the proposed density would create
more congestion and traffic hazards on an already busy road.
8. Fire Safety is a potential issue with such a dense development on such a small lot.
324
We thank you for taking the time to read this letter, and we hope you will take our concerns and public
comments into consideration as you move forward with this process.
Sincerely,
The Overbrook Condominium Owners Association Board of Directors
Dave Richardson, President (405 Overbrook Dr., #11; 406-209-5455; bozonedave@gmail.com)
Carolyn Hopper (411 Overbrook Dr., #31; 406-570-5482; cowgirl@bresnan.net)
Carol Anderson (411 Overbrook Dr., #29; 406-600-9494; skicarol@me.com)
Patricia Sava (409 Overbrook Dr., #27; 415-215-8577; savadesigns@gmail.com)
Denise Margetts (409 Overbrook Dr., #25; 406-570-6486; dbmargetts@gmail.com)
325
1
Tom Rogers
From:Robin Morris <robinsong9@yahoo.com>
Sent:Thursday, November 11, 2021 2:37 PM
To:Tom Rogers
Subject:Public Comment on Upcoming Nov. 15, 2021, Growth Policy Amendment Hearing for
Application 21309
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Mr. Rogers,
This letter is regarding the upcoming Growth Policy Amendment Hearing Nov. 15, 2021 for Application 21309, for the
parcel located at 2303 South Third Ave., in Bozeman (S24, T02, R05E, Tract in NE Cor NE4NE4 1.0 AC)
I am writing specifically about the formal annexation and zone map amendment filed for the property (Skyview Lofts or S3
Lofts, CBJ LLC, Ironwood or Julien Morice).
As residents and owners of a condominium at Overbrook who live within 200' of this proposed development, my
husband and I are vehemently opposed to the request for zoning change required to complete this
project. Adjacent neighborhoods are currently zoned R1 and have been for decades with the exception of our PUD
community, in existence since the 1990's. Granting an R5 or even an R3 zoning to this parcel could amount to "spot
zoning." However, there are many more considerations at stake. The proposed development would greatly alter the
existing character of the neighborhood. This proposal of three four-unit buildings would increase safety concerns in
the neighborhood, with limited fire truck accessibility and greatly increased traffic and congestion on an already
busy road (South 3rd). Additionally, this proposal does not meet city open space requirements. In that regard, a
nearby park was proposed, but is not necessary, has no plan for maintenance and has no room for
parking. None of my neighbors are in favor of this park idea either. Additionally, the parcel under consideration borders
40 acres of agricultural land under the stewardship of the Museum of the Rockies. The proposed condominiums would
directly abut an historic barn and farmhouse that will eventually become part of the Museum's Living History Farm. These
condominiums would not fit in with the character of the existing historic parcel.
Therefore, as owners and residents of an Overbrook condominium who live within 200' of this proposed
development, we are vehemently opposed to any of the proposed rezoning that would make this uncalled for
development possible. Thank you for your serious consideration in this matter.
Sincerely,
Roberta (Robin Morris and Robert Hughes
405 Overbrook Dr., #!
326
From:Susan Atkinson
To:trodgers@bozeman.net; Agenda
Subject:Zoning - 2303 South Third Ave.
Date:Saturday, October 30, 2021 1:10:29 PM
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.
Hello,
I live in the Figgins neighborhood and I am concerned with the Julien Morice of
Ironwood Inc proposal for building a multi story multi condominium development on
the 1 acre property at 2303 South Third Avenue.
If the property is currently zoned R-1 and is congruent with the neighborhood why
would the city consider changing the zoning. The property to the west off of 11thstreet has already been re-zoned for more density and the multi story, mega-
apartments to the west on 11th do the job for the multi-building multi story high
density need in the area.
Strongly opposed to rezoning for the following reasons:
1. South 3rd and Westridge neighborhoods have been R-1 for decades.
2. Proposed zoning is out of step with the residential character of the surrounding
neighborhoods.3. Rezoning from R-1 to R-5 or even R-3 is 'spot zoning' - Spot zoning refers to
applying a map classification for purposes of the municipal zoning ordinance to a
particular parcel of land without regard to its surrounding designations. That's a bad
thing, not a good thing, because it may smack of favoritism toward a particularland owner. $$$$ Talks
4. The parcel borders roughly 40 acres of agricultural land under the stewardship of
the Museum of the Rockies. The proposed condominium buildings would directly
abut an historic barn and farmhouse that may eventually become a part of themuseum's future planned use of teh acreage for historical and educational exhibits.
5, Traffic on South Third Avenue in this area is already heavy during morning and
evening rush hours. Vehicles turning on to South Third from adjacent Westridge
Drive add to that congestion. Adding another ingress to South Thirds so close toWEstridge Drive from a development of the proposed density would create more
congestion and traffic hazards on an already busy road.
6. Fire Safety is a potential issue with such a dense development on such a small lot.
Has this re-zoning been done in neighborhoods in Bozeman already? Is re-zoning like this aconsistent practice within the planning and development department of Bozeman? Is this thedirection Bozeman is going? Is this the will of the people or the will of the planningdepartment?
Keep Bozeman about community, consistent codes with consistent neighborhoods
and steward our land and resources well. For the future of Bozeman. Growth is
inevitable but wise, conservative growth that matches the neighborhoods and
327
community feel will benefit Bozeman in years, decades to come.
Thank you for your consideration,
Susan Atkinson
2409 Westridge
328
Memorandum
REPORT TO:City Commission
FROM:Anna Rosenberry, Assistant City Manager
Kristin Donald, Finance Director
Kaitlin Johnson, Budget Analyst
SUBJECT:FY23 - FY27 Capital Improvement Plan - Other Special Revenue Funds and
General Fund
MEETING DATE:December 7, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Listen to the presentation, ask questions and provide comments.
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:We are proud to present to you the City of Bozeman, 2023 - 2027 Capital
Improvement Plan. This five-year Capital Improvement Plan (CIP) is a
commitment to improving and maintaining the City of Bozeman’s facilities,
parks and roads to aid in the vision of Bozeman being the most livable place.
The staff have taken a lot of time and care in preparing this document. The
proposed plan can be found on the City’s website Under Finance and select
Budget and Financial Reports .
One of the primary responsibilities of local government is to properly
preserve, maintain, and improve a community’s stock of buildings, streets,
parks, water and sewer lines, and equipment. Planning for these capital
improvements is a matter of prudent financial management, as well as
sound development practice.
Each year, we begin the process of updating our Capital Improvements Plan
in September. Finance works in coordination with City departments and the
City manager’s Office to recommend projects that can be undertaken within
the funds available. The process is completed when the Commission adopts
a final budget with capital items approved, usually in the following June. The
CIP includes any planned expenditure of $25,000 or greater, that results in
the acquisition of an asset with a useful life of 3 years or more, with a few
exceptions such as large consulting services type projects.
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The plan is in coordination with the City’s many long range plans such the
Transpiration Plan and the Water and Sewer Treatment and Collection Plan.
Most of the City’s long-range plans establish level of service standards.
These standards are critical to planning for the needs of future city
residents. In some cases, such as water quality or wastewater discharge,
these standards are often established or guided by outside regulating
bodies.
We will be presenting the highlights on the plan at the following meetings:
11/23/21- Public Works Funds
12/7/20- General Fund and Other Special Revenue Funds
12/14/21- Resolution 5359 Adopting the FY23-FY27 CIP
Once the plan is adopted, it becomes the basis of the City Manager's
Recommended Budget for FY23.
General fund and Other Special Revenue Funds
Finance, City staff for all the departments and the City Manager's Office,
met during September - October to develop the Capital Improvement Plan
(CIP) for the capital needs for Departments. The funds for the departments
included in the CIP that were not covered 11/23 which covered Public Works
funds (in the order they are presented in the plan document):
Community Development Fund (Planning Fund)
Building Inspection Fund
Fire Equipment and Capital Fund
Fire Impact Fee Fund
Forestry Fund (Tree Maintenance)
General Fund
Library Depreciation Fund
Parking Fund
Parks & Trails District
Impact Fee Funds: The Impact Fee Advisory Committee met on October 29,
2021 to review the Impact Fee funds’ CIP sections. In regards to tonight, the
Committee recommended the plans as presented.
Tonight we are going to highlight major changes in the plans in the following
groupings:
Parks & Trails District
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Fire Equipment & Capital Fund and Fire Impact Fee Fund
General Fund
UNRESOLVED ISSUES:This is the beginning of the CIP process, there are many unresolved issues.
We will be identifying and discussing those during this presentation and the
CIP workshops and hearings in November and December.
ALTERNATIVES:If the Commission would like to make suggestions for changes to the
planned CIP Work Sessions, please do so tonight.
FISCAL EFFECTS:This step in the process has no fiscal effect. Once adopted, the Capital
Improvements Plan becomes the basis of the City Manager’s Recommended
Budget for FY23.
Report compiled on: November 12, 2021
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